check it out. up next, the o'reilly factor. have a terrific night and happy new year. tonight on "red eye." terrorist malik wrote about jihad on her facebook page, but officials missed it. apparently they were waiting for her to friend them. that's the polite way to do it. and he will be healthier than any other person elected president. especially william henry harrison. and the billionaires are upset their money can't buy the election. at least you can still buy them love. our pam provides joy and mirt

newschannel. >> welcome to "red eye." hello, everyone, i'm tom shillue. let's check in with andy levy. >> three more days, tom. >> three more days until what?

>> until the force awakens, duh. >> right. how excited are you? >> i'm pretty excited. >> do you have your tickets set? >> sure do, 2:00 a.m. >> you really are a nerd. >> not even letting the fact that the trailer looks awful get me upset. i expected better, but i can deal with that next week. >> booya, nerd stuff. let's welcome our guest. she must live on the top floor of a hotel because this girl is sweet. entertainment and lifestyle expert jill dobson. i hope he takes my suggestion starting dishin with the dirsch. he is the first, but certainly not the last jewish lawyer. and ever since i learned she has a ba in french i demand she makes me pastries. that's the way it works, isn't it? and his hobbies are cherry

picking and hitting his head on door frames. let's start the show. >> we screen the visa applicants for everything. almost everything. abc news reports that a secret u.s. policy prevents the immigration officials from checking the social media accounts of foreigners applying to live in our country. the san bernadino shooter, malik, reportedly spoke openly on-line about the violent jihad and martyrdome before deciding to marry farook and move to the u.s. none of this was discovered in the visa application process. they explained why the officials couldn't check her twitter and facebook. >> during that time period the immigration officials were not allowed to use or view social media as a part of the screening process. the primary concern was it would be viewed negatively if it was disclosed publicly and

there were concerns it would be embarrassing. >> there are three pilot programs testing and it is still not widespread. does this make sense? how can this be happening? >> it makes no sense at all. if you are willing to have unlimited numbers of people see what you are tweeting or putting on facebook, why shouldn't the government have access to it? you want to keep it private? that's one thing. if you make it public, they should have access. >> there shouldn't be a legal precedence for this. they thought it would look bad. >> you are asking me and not the lawyer? >> i'm satisfied with his answer . >> it is free. social media is out there for people to see you are not busting people's privacy and not doing something in a way that is sneaky. it is out there. they are missing a huge opportunity and it is like hiring or buying -- you don't

hire a doaber minute pincher, but if you bought one and they said let me pull out all of your teeth, they were right there for the taking. >> what is your theory? >> you can't hire a dobermin pincher, but you can pay them with milk bones. this is a situation and obama has extented the nsa surveillance program, but facebook and twitter are somehow off limits. you know why that is? young people like facebook and twitter and he wanted to make sure his key demographic didn't get too upset with him. aren't the friends of these people also sort of to blame? you are going through your facebook feed and they had had a cronut for dinner. oh i want to join isis. i love everything isis does. let's move on to the latest brunch pick. at some point don't you comment and alert the authorities when someone pronounces their love of isis

for a full year. >> we can all look at our friends' facebook pages. all bikini pictures of themselves is shocking. >> you know, you have to make those look good. >> i know. >> not if you look as good as i do. >> i tell my students all the time when they come to harvard law school, everything you put on social media is available to the public. it may look good and cool, but when you get a job with a conservative law official they will check you out. be careful. you would think that maybe this woman also might have been thinking, what am i doing? it never occurred to her and it didn't hurt her in the end. >> apparently everyone is being polite. >> i have to read a quote from why terrorism works. the root cause is it is successful, of course. and we have been confronting international terrorism for the last few years.

by tieing one hand behind our back and extending one hand to encourage the terrorists. do you think we have gone back? we talk about a pre-9/11 mentality. are we back there now? >> the pendulum swings widely in america. after 9/11 we constrained a lot of civil liberties. we took away some free m do's, but then a lot of years went by and nothing happened and i think we are getting a little bit careless. >> we are getting a lot careless. we can dig up some kid's picture of them drinking from a beer bong and not give them a job, but we can't find a picture of malik with the jihad es taking selfies? >> miley cyrus is more scrutinized for her pictures than the terrorists are. >> it is time for -- earlier this month donald trump said his medical report would show, quote, perfection. actually it is better than

that. on monday trump shared a letter from his highly respected doctor. it begins to whom my concern. obviously he meant to who my concern. the letter continues. i am in the position of dr. donald j trump since 1980. i am pleased to report that mr. trump has had that significant medical problems. he has had a complete examination that has shown only positive results. the blood pressure and the laboratory test results were uh ton knishingly -- astonishing. his cardiovascular status is ever using alcohol or tobacco products. iffy elected mr. trump i can state unequivocally will be the healthiest individual ever elected to the presidency. we reached out to dr. bornstein to ab brat on the

medical rec by phone. thank you for taking time out of your busy schedule. >> no problem, tom. it is great to be on your show. >> doctor, donald trump seems to be in great health. >> he is in phenomenal health. it is amazing. >> is he the healthiest individual you have ever treated medically? >> you know, i would say bar none this guy is one of the most healthiest people ever. you know what? he is the healthiest person ever. >> how fast would you guess, ballpark, would trump run a marathon? >> you know, i would say he would be in the 1 percentile, maybe two hours, two hours, 10 minutes. whatever the top number was, he would do that. >> we don't even have to check. it is whatever the top number is. >> do you think trump could live forever? >> i wouldn't want to say -- i wouldn't want to go that far, but i would live to say he will live to be at least 150 or 175.

he is in such amazing health. one of the reasons he is in such great health is he is a fantastic leader. he is very, very intelligent. y have militaristic and world class person. >> thank you for taking time out of your busy schedule. >> absolutely. he is fantastic, tom. he will be a fantastic president and the most healthy yea have ever had. >> 175 years old? that's biblical. that's amazing. i am not sure that was donald trump's doctor, but this is. that's dr. herald bornstein. he has been trump's doctor since the 80s. before that it was his father. are your concerns about trump's health -- are your fears alayed? >> let's remember in 1944 when

franklin roosevelt was unaring for president and he had a blood pressure of 280 over 120 his doctor said he was perfectly healthy and could live forever and of course he died six months after being elected. >> when you look back at the medical histories, some were in terrible shape. i think wilson had strokes or something. >> his wife was running the show. >> we are getting more healthy as we go along. >> are we breaking it on the show? >> really, unimportant information. he looks like steven spielberg's brother from humboldt county. i don't know if we can show the picture again, but he looks awesome as a doctor. although my dad was a surgeon

and i don't recall him ever, ever describing anything as astonishingly excellent except a kidney stone he pulled out. look what i brought out of here. >> they love those. >> it is strange. also he got the doctor's name wrong. he called them jacob first. trump said here is the report from my doctor who was the dad. >> that's understandable. i remember my doc's dad. >> we get confused sometimes. not that he has memory problems. i like that he tested positive. when i go to the doctor, i hope i don't test positive for that. >> that is the most confusing thing doctors ever tell you. you want positive, but when you go to the doctor you want negative. trump can't say negative. trump has to say positive no matter what. >> this is why you can only go

to doctors that look like 70s porn stars. he looks like he goes through a lot of vaseline and i have no idea why. >> he reminds me of burt reynold's character from "strip tease" if you can remember that character. con -- constantly wet. >> you saw "strip tease"? >> of course i did. she guided my happened through a -- my happened through a whole series of controversial things. >> trump tells us excellence is not ted's surge in those states. on sunday trump called a truce. >> you look at the way he dealt with the senate and he goes in there like a maniac. they will never get things done that way. >> he called cruz a maniac. then cruz responded on twitter in honor of my friend donald

trump and good hearted maniacs everywhere he linked to this strange workout video. >> ♪ she's a maniac, maniac >> weird, right? >> they should embrace the term. many say he is the inspiration for the animaniacs. >> for the last six years we have seen america recede from leadership in the world. and into that vacuum has stepped nations like russia and china and iran and sudan and venezuela, ukraine, canada, switzerland, north korea. >> ♪ syria, lebanon, netherlands, luxembourg, denmark and spain ♪ >> they don't make fun of -- don't make fun of my student. he was a student in my class and he was a great student. he was really smart. >> good at geography? >> he was very good at gee yoking geography. >> you said he had a

libertarian mind set? >> very libertarian, and he spoke so much in class that the students invented a game around him. they played cruz bingo. they would have a card and every time he would raise his hand they would raise a card and when the student got enough they would do something that indicated they had bingo. >> i thought for sure you were talking about the animaniac character. >> he was the best student at harvard law. >> do you think this is dangerous for cruz? he is wading into that territory . >> i have to say that i don't think he is getting in a fight with donald trump. he is trying so hard to walk around him. no matter what he says, he has all of the other candidates on their heels trying to figure out how do i respond? he is not thinking of that at all. he is putting them all on defense. it is a winning formula for

donald trump. >> and a winning formula for cruz. if anyone falls away from trump they are picking them up, right? >> cruz will come out unscathed in this situation because of the demographics. i think it is so ironic that donald trump, a man who gave out lyndsay graham's phone number on television has the audacity to call somebody else a maniac. allanis may have to re-do her son "ironic" because he is the definition of it. >> and i have never seen rain on a wedding day. >> that's the sign you will get divorced. >> should cruz fight or not? >> i took this as him not fighting and being like let me put a joke out there and in this fun video. that whole video of jennifer beale, it is just her backside. >> didn't she have a body

double? she had a dancer do it. >> her buttocks in case they don't know what i mean. >> i think they do. >> how fun is this election cycle? >> it is great. >> jennifer beale is on our president's twitter feed. >> four years ago that would have been the weirdest thing a candidate did was to tweet out maniac. >> now we have to see if michael nuri's career is revitalized. then we know that cruz really struck a nerve. >> and cruz needs to be the lead in "flash dance 2" jie. are they going to make that? >> they should. >> i like the break dance. that's a classic. >> coming up, money can buy an election, but it can buy ad time. see you after these messages. announcer: it's time to make room

for the new mattress models-- during sleep train's huge year end clearance sale. for a limited time, save hundreds on tempur-pedic mattresses. get the most highly recommended bed in america at closeout prices. plus, get interest-free financing and same-day delivery. why wait for the new models? sleep train's year end clearance sale is on now! superior service, best selection, lowest price-- guaranteed! ♪ sleep train [train horn] ♪ your ticket to a better night's sleep ♪

new york magazine seems like a lament. the republican billionaires can't seem to buy the election. that seems like good news, but no one is willing to give up the narrative. there is too much money in politics. the candidates are sold to the highest bidder. we need to have publicly financed election. the real story is none of it is working. jeb bush raised $100 million and it is dpetting him no where. -- and it is getting him no where. raise a boat load of money and blanket the tv with ads and defining yourself and defiling your opponent and finally win. it was that simple. but the ads don't work. people are smarter than they used to be and they don't fall for all of the marketing.

republicans never really were defined by their own commercials anyway. they were defined by a media that is hostile to them. most people are realizing that too which is why the media's old game is not working either. it is the over use of antibiotics. eventually it stops working. think of donald trump as a super bug. the more you throw at him, the maury sis assistant he -- the more resistant he becomes. but it may make it good for the rest of us. >> liz, i never believe money was the only thing that, woulded in politics. sometimes it matched up, but i don't think it was the deciding factor. now i think it is less powerful. >> it is less powerful and everybody saw it. you still see it with the candidates. i got this billionaire and this billionaire. done thald trump is a billionaire and he is turning things on their head. he hasn't spent money. he is under budget. that turns all of that around and it just shows that money

does president mean you -- money doesn't mean you should win and it shouldn't. the best person should win. >> give me your honest opinion. you made some slept -- excellent points, but -- >> you made some excellent points, but. >> look, i am a civil libertarian, a first amendment guy. i had to support citizens united . i don't love the results, but you can't startling people they can't start spending money on elections and corporations as people. it is a hard question. but you're absolutely right. i think it is the congression ali elections that really matters. if you don't have any money it really matters. in presidential elections it will matter less and less. trump is moving that because he gets the media to cover him for free. >> and it is about personality and he has that to boot.

>> yes, and you mentioned ads report working. part is people report just sitting there watching tv. if they are they are watching it on hulu. >> i think they watch this show on tv. >> excuse me, of course. everyone is watching right now. millions and millions of viewers are staring at me and it is making me nervous. >> that's why you are here, jill. >> you agree that it is not what it used to be. >> i do. possibly for different reasons. it may not be that we are too smart. it may be because we are too dumb. we are not even seeing the ads. >> they are too smart. >> i am not offending everyone. keep watching tom's show. >> explain why -- tell me why citizens united -- why do people get worked up on it. >> if you have a bunch of money in your coffers that will lead to votes and to a victory. i will take this opportunity once in my life to agree with

the bril yept harvard -- the brilliant harvard professor. he had the lower ingrams of the world and rush limbaugh and technology is so available and so cheap that you can make a movie with your iphone 6 and run for the presidency of the united states via twitter and using media in -- to just gain free exposure. >> i think you're right as a matter of degree. if you try to break into the congressional race and if you don't have a particular group on your side it is hard to breakthrough. if you have a lot of money it is not so hard to breakthrough. >> why do we care? >> are the rich people not pulling the levers? they pull up the fortunes. >> money will keep you in the race longer than you would have been if you were about to fall out. money starts to run out and

therefore if you have a lot of it they will continue to keep the iv drip. at some point they move on to other candidates. they move from one candidate to marco rubio. these guys are smart and they start to figure out where they will get the most bang for the buck. again it shouldn't be the richest guy with the most money behind him wins. >> oddly the richest guy, but he is not spending his money. >> point of clarification, you don't libeling the results of citizens united. why? >> as a civil libertarian i don't like the results when nazis can march through skoki and terrorists can go on college campuses. but you have to support the freedom of speech and first amendment. often it brings about results you don't like. but the first amendment is more important than the content of any particular

result. >> we have to go. coming up, everyone's favorite superhero andy levy returns with half time. don't go anywhere.

welcome back. it is time to find out what we got wrong and what we missed from tv's andy levy. >> hi, tom, how are you? >> good. >> i want to start with the

intros. >> what's up with that? >> you refer to allen as a professor. >> i am moving to the em -- to the emirates. dubai is my new home. >> i had that -- well, move on. >> we don't check social media would be immigrants. professor, you said if you put it out there in public why shouldn't the government have access? >> well exactly. here is an idea for the government. stop wanting to store or monster my private communication and look at the public communications of those who want to come to the country. except what you would get is young people. young people today don't care about their privacy. they put everything out there. it is us old guys who care about privacy jie. jihadists

probably not in their 60s and 70s. >> we wish they were. it would be easier to combat them. >> it would also be nice if they didn't make it to that age. >> ben, you said they are doing this because young people like facebook and twitter and president obama wants us to like them. >> here is the quote from a former senior counter terror official. they felt looking at the public postings of the foreign u.s. visa applicants was an invasion of privacy. they are public posts. people post all the time. they take a picture with the loot they have robbed. if i was to rob a pizza hut i would have a series of pizza boxes in the background. the cops would come to my door and knock it down and arrest me for theft. i have no idea how people are allowed to rant and be pro terrorist, but the government is hands-off in this situation. >> so you're saying if you robbed a pizza hut you would

only take the pizza? >> i don't like the stick. >> oh you mean money? >> cut the middle man. >> you are ordering from pizza hut? >> this is disturbing. >> i hate to fact check you on this, but sadly his facebook page is not all bough key me pages of -- bikini pictures. >> sorry about that. >> tom, you mentioned that homeland security now has i think three pilot programs aimed at checking the social media? why do we need a program? just check their social media. >> i don't know what the pilot is. >> do we need three programs to figure out that you look at the stuff they post publicly? >> yeah, i don't know. maybe they candy brief them -- maybe they can de brief them afterwards. it felt kind of weird. okay, don't do it. trump releases his health

report. first of all i am calling on done malled trump to release his long form health certificate. i would also like to see a psychological health report. maybe that's just me. >> that's just you, andy. >> really, none of you want to see a psychological health report on donald trump? >> he is the sanest person to ever live and he will be the sanest president. liz, i don't believe it was ever confirmed that warren g harding was -- abraham lincoln did. not while president, but he did. warren g harding may have fathered a few children -- >> i know he slept in separate beds from his wife. i know he slept in a separate bed from his wife. >> dick van dyke did too. >> exactly. >> and grover cleveland, mama where's pa?

went to the white house, ha, ha, ha. that was the campaign. he fathered an i will legitimate child. >> they were all doing it back then. >> you said you were a huge elizabeth berkeley fan? >> yes jie. you are either a huge demi moore fan. >> what is the name of it? >> "show girl." >> forget the whole thing. >> i knew what you were talking about. >> oh man. >> i knew what you were talking about doesn't cut it. >> i got the reference right. >> he is in show girls? >> elizabeth berkeley. >> you mixed it up. >> i can't do it anymore. he is a demi moore fan. >> i love demi moore. i thought she was great in "gi

jane." she had long hair in that one? >> she is a professor amoritis. trump calls ted cruz a maniac. you mentioned cruz was very smart. would you be voting for him. >> if he wants me to vote for him to stay in the senate, yes. >> we need one senator cruz. not more. >> we need fewer than one president cruz. >> i am a liberal democrat. i am a hillary person. >> why would you be a hillary person? >> i have known her since the 1970s and she is a good liberal democrat. i think she would be a great president. i said it on fox. >> you said you took cruz's response to trump where he

linked him not fighting trump. and that is right. how long do you think he can go without fighting back it trump keeps attacking him? can he do cutsie things like that? >> that's how i get through my life. you talk about politics, but who, what? hair flip. i think it works until you are about 40 is he over 40? >> money and elections. you enjoyed your moment with tom . >> i did enjoy it, tom, when i said think of donald trump as a super bug. i said i will post that later on social media without the context. >> the super bug is not killing us. it is killing the establishment. >> that's how i roll. >> my point is i will post-it without the context.

>> you said big money is less important than we thought and what we are seeing is money doesn't mean you will win an election. the question though, is this a one off because of trump? is it special circumstances? >> i think there will be studies written forever about this election. i think there will be history books written about this election? and who knows how much it will change. for better or worse, president whole tone has been changed by what is going on and it leads to the aforementioned gop establishment ringing their hands and saying what do we do next? they are hoping and praying for a rubio kasich ticket. i heard that. have you heard that? >> yep. >> the liberal democrat next to me said i heard that too. who knows if there is validity to that. >> i haven't heard anyone pray for a kasich anything gotta go. >> thank you, andy. pete rose and the baseball hall of fame when we come back.

now here is what saw peering on the next "kennedy." >> yeah, on the next "kennedy" napolitano like we have never seen him before.

there is still no betting in baseball. mlb commissioner rob manfred upheld piece rose's lifetime

ban. meaning the all time hits leader will continue to be ineligible for the hall of fame. rose was banished in 1989 after the league determined he bet on games including some involving his own team while he was a player and manager. in his new report it says mr. rose has not presented credible evidence of a reconfigured life either an honest look at his life and wrongdoings of avoid lens by him and all of the circumstances that lead to permanent ability. that's fancy pawk -- talk like he ain't learn from his mistakes. what would abraham think of this decision. >> abraham was a very forgiving man. he argued about god about the siners of saddam. what if people are there would you sweep away the forgiving? he was the greatest singles

hitter and the greatest hustler in the history of baseball. he should be in the hall of fame because of his playing skills. we don't want to make him a saint. obviously he has done bad things, but i think you reward players for their skill on the field. >> you do? you were a young guy. you don't remember the days of charlie hustle, right? >> no, but i remember the barry bonds days and the juiced up athletes taking the field and making it an unfair gaiment. i never understood -- i knew he was a gambler [inaudible]. he should not be in the hall of fame. >> but high -- he is a miserable gambler. he bet on himself. that was his steroid. it was an emotional

motivation. it was a financial molt vagues. he was not injecting himself to get more buff than god. he was doing it for the team. >> can you prove that? there are people to this day that believe he did that against the cincinnati reds and it hasn't been proven out. some of us have studied it. personally rule 21 says if you bet in baseball and you are a player or an umpire, you are done. >> i think you can bet on yourself. >> mark mcgwire is coaching baseball. we was doing steroids. why is that the thing? >> i don't know. i am a hockey fan. >> but there is a big difference between banning prospectively and say you are out of baseball and not recognizing what he did for the game.

if we start going through people's lives, ty-cobb's life and babe ruth's home. >> you remember the cincinnati reds. >> i remember the babe. >> is he is the first to get me started on this whole career. i was 8 and he did not care at all. i did not know who he was, but i walked away with an autograph. >> i am uh you supering you will see the rule argument is the rule. stick with it. >> he is a great commissioner. he is a former student at harvard law school and he is a rule guy. i just think you need a statute out of limitations. they want him to be at the game and the world series. they don't wouldn't tay live in -- they don't want to live in the front door.

>> you don't have to -- it is not a fall of fame decision. they are not lifting the ban. that's what they had to do. that's the first step. we will close things out with a bedtime story.

no "red eye" tomorrow. we will be back on wednesday. >> elon-musk says they must colonize mars. his company space x will announce plans 20* carry humans to red planet, possibly the next 10 to 15 years. and musk believes a mars colony can survive the calamity on earth. he told "esquire" if you back up your hard drive maybe we should back up life too. wow. that seems extreme. >> he is -- he sees the future. and we are going to be super men on mars. i am completely with him. >> mars is very, very

uninhabitable. >> if we have noal turn five. did you see "the martian." >> you can grow stuff. >> you an grow potatoes. >> i don't want to harvest potatoes using astronaut poopy. >> elon is a genius. i covered him. this guy will have somebody go to mars and set up a tent. >> you dick you will do it? >> i don't know if i will be invited. the foos will be gone -- the food will be gone. >> the one thing they gave us. >> it be would pathetic and sad. >> the aliens would start a war on mars if you saw him. >> you you can't even be in "the matrix." you couldn't fit in one of the pods. >> i am earthbound. >> you don't have to see --

you see the frefns betweens our heads. >> mars or not? >> i have read a lot of post uh uh poke apocalyptic nestles. one second later all of us have no electricity or power. all of our computers die. something like that would happen and we have no computers. >> we would be on a floating paradise. >> we are gonna get to mars. there are no more computers i am going to mars. >> we need to get there while we still have computers. the world's first, but not last jewish lawyer. >> at least he had his kid and he was a hundred. he woos like 80, 85. these guys lasted a longtime and out lived his wife and had a bunch of kids after he thought he would go through

isaac. >> special thanks to jill dobson and liz with ben. that does it for me. i'm tom shillue. i'll see you next "the five" foe

year. don't forget new year's eve. an explosive report alleges the obama white house spied on a key ally and members of congress. this is "special report." good evening from washington. i'm doug mckelway in for brett baier. with friends like these, who needs enemies? an already-frosty relationship between president obama and israeli prime minister benjamin netanyahu could be further strained after a report alleges the white house knowingly accepted surveillance gleaned from private conversations between the israeli leader, his aides and members of congress here in the united states. ahead of the landmark nuclear deal with iraq. correspondent kevin corke reports from hawaii. >> just how far