that's all for now. up next the o'reilly factor. good night from washington. go to gretawire and facebook. welcome to "red eye." i am tv's andy levy in for tom shillue. coming up on the big show. bernie sanders' ad talks about america. and jeb bush is playing sound of silence for months. and marco rubio remind america he played football and married a cheerleader. that's right. he is the guy you hated in high school. and finally i will talk to the next president of the united states. it is not joanne. sorry. all right, let's welcome our guests. well, she is always falling for men and falling in general. she drinks a lot. i am here withnne nosuchunsky. and are his high hopes of

becoming commander-in-chief merely pipe dreams? joining me is the 2016 presidential candidate gary johnson. and she is my favorite wolf who has not appeared in a children's book or party of 5. it is the host of invasion of privacy pod cast kate wolf. and he was the youngest political uh .y and from i hear single handedly responsible for the iraq war. it is the host of the federal list radio hour. let's light this candle. >> you have been demanding it, now get it. the town hall forum has been scheduled for monday at 9:00 p.m. i hope des moines is in iowa. the "prime time" event is broadcast so something called cnn. it is to save hillary clinton's floundering campaign in the face of a surging

bernie sanders the quasi debate will give her a chance in front of a quasi large audience. they will put more pressure on clinton releasing this blistering attack ad. >> you can't go wrong with cros tab y -- crosby, steels and nash. >> as i went walking. that ribbon of highway.

i saw above me that endless sky way. >> never gonna get tired of hearing that. how blatantly is sanders going after the youth with the simon and garfunkel ad? >> if you really want to troll donald trump you could have done it at the schoolyard. the funny thing about this is this is actually the same thing he is going to do if he becomes president. it will consist of a spoken word and it is going to be the introduces it. are you going to respond to this in kind which is obviously to run an ad of your own that would consist of just the lyrics from slayers' "raining blood"? >> i think the ad is brilliant. i think it is a genius and i enjoyed it and nothing negative and i get to listen

to a simon and garfunkel. >> let me as the host of the show -- let's talk about the town hall forum for a second. do you think it was added last minute to help hillary? >> no, based on sanders' surging poll numbers. >> they keep claiming she is so good at debates. >> why is bernie surging? i don't see it as a hillary plot. if it is it is gonna backfire. >> what did you think of the ad? >> i think using the simon and garfunkel is genius. >> it would seem a little slow though wouldn't it?

>> all right, so joanne, is that the right approach or do you prefer the scary doomsday talk? >> there is a mi del ground no one has gotten to yet. she could have taken this very ad and switched the song to celine dion "my heart will go on" as a little like jab at hillary like i have the stamina. i'm good and healthy. my heart will continue to beat and i'll be healthy into the white house and that is a way to find the balance. >> that would be a stab at cruz too, right? >> that would be. >> sanders is getting blow back for a bernie's so white situation. that was a really, really white ad and people have taken notice of that. is that going to be a problem? >> he is owning it. he is underking that there is no way he can be down with the struggle and i think that's something that is fine.

it is authentic and he realizes that i am an old awkward socialist northeasterner who looks like a hobo. i am going to own that and live with it. >> i actually see bernie sanders a lot. he lives near where i record the radio show in washington. he is always carrying these white plastic bags of stuff. when you see him from behind when that crazy hair and he is wearing a trench coat and he has the white plastic bag you want to go up and say do you need a dollar? >> it is plastic and not paper? >> is marco rubio some kind of dandy? he just wants to talk guns and football. the "new york times" reports that rubio 1 radiating machismo. and if you think he is not tough enough to be commander-in-chief because he wants wore high heeled boots you are dead wrong.

he owns a handgun and went to a gun store on christmas eve. in fact because as he told new hampshire voters he was itching to buy one. he was obsessive about it as he makes clear in a new ad and he even married a mime fee dolphin -- a miami dolphin cheerleader. and he would give terrorists a one-way ticket to guantanamo. rubio is not a feet at all. >> marco rubio is the only one man enough to be president. football? he plays it. guns? he is always tagging it. cheerleaders? he married one. cocaine? well that's illegal, but if it was legal marco would snort it off a hooker's to bees. >> is rubio manly enough for

you to vote for him? >> that's not manly. the sexiest thing you can do is own your feminine side. the only thing better than his boots is his insecurity. >> i didn't think the boots were good. he should have just owned it. the boots were terrific. i think we should have -- we should elect a president that has climbed the highest mountain. >> is there any proof that you have done anything like that, governor? >> the everest photo -- well i haven't shared that with anyone. >> who took that photo? >> i didn't see it. >> it is somebody on the way down. >> was that before the selfie sticks?

>> i would die trying to climb a mountain. i get a urinary tract infection like that. >> ben, were you one of those people who were under the obviously mistaken impression that he is a dandy? >> i understand he is a little metro. again he is younger and he should have owned it. be like, i'm cool. i am wearing $5,000 pants. i married a cheerleader. if you look at donald trump that's all he does is says how awesome he is. he does president need to be nervous about it. >> joanne, rubio is your guy. or he was. are you liking the new manly marco? >> having to show your manliness makes me question your manhood. you know what i mean?

what he should have done is own the boots by spinning it to show how his youth is a good thing. he doesn't need orthopedic support shoes. he can wear the latest fashions because his young feet can stand it and will walk him into the white house. i do have to commend him forgetting the cheerleader vote. he gives him a false sense of confidence because he married a cheerleader. no, totally get married, just not to a cheerleader. >> we have a lot of cheerleaders who watch. i counsel them. i know. >> do you think rubio thinks the reason he is not higher in the polls is people don't think he is manly enough? you think that's what it is about? >> it speaks to that question.

if that question exists in a candidate's mind? >> it is that he is happy and he is not a happy cycle. he is up lifting and optimistic this is an election that is about finding the dark man for dark times. he is not the sunny optimist. we can all marry cheerleaders. >> so when hillary clinton dreams at night, speaking of dark, what does she dream about. >> i think that might be the wrong video. here is what hillary dreams about. >> hillary clinton will win. >> i am watching hillary clinton get the victory. >> it is an easy person to

beat in a general election. >> and she will become the next president of the united states. >> so hillary's dream happens to be the new jeb bush ad. here is how it ends. >> may god bless america. >> jeb tweeted the video on wednesday with a warning unless we stop donald trump hillary clinton will be sworn in as president one year from today. governor, do you think that's true? >> i ran two campaigns for governor where i did not mention my opponent in print, radio or television. i just really think people want to hear what you are gonna do as opposed to how bad the other candidate is. this is the epitomy of that and it stinks. that's horrible. >> was he that effective? have you switched from rubio to jeb? >> i think it is bad energy to

do that. i also don't like it is the woman. everyone's nightmare is the woman becomes president. a woman is president. >> is that what happened? do people know this? >> i think the real apocalypse is with trump. >> the ad wasn't bad, but when jeb came on the screen he somehow seemed sad. >> i like the use of don't panic. i think in this case jeb bush is the only one panicking here. he has been panicking through $50 million which they may as well just lit the match and set it on fire like the joker in the dark knight and poof, he would have received the same saying. i think there is just as good of a possibility that he is up on the stage getting to

hillary. i am not as scared as the hillary possibility as a lot of people are. >> joanne, what do you think? >> wasn't jb the one in the last debate who said yeah there are attack ads, but we need to rally around who ever is going to be the gop nominee. what is going to happen when -- i think it is going to happen and trump gets the nomination and this is out there. it is in the past. i'll support him now. it seems very odd to me that he would say that on a debate stage. >> it is not as mean as it could have been. what would donald trump do in an ad like this? he would have a line like if jeb bush is the nominee then on election night hillary will look in the eyes of the love of her life and say we did it. that's the thing that trump

would do to get under their skin. >> or from like red dawn. >> i think it would be racist. there would be a lot more stuff in there. >> it would be racism. >> retweets are not attack ads. the image originally tweeted by at big op one. it is a time for truth and a time to lie. if that wasn't explicit enough he sub titles the book i am an untrustworthy person. and trump was right that i am a canadian citizen and banker. governor, will you employ these high jinx and tom foolery? please say yes. i can't do it. i can't do it. there are people just hungry for what it is that you are

gonna do as opposed to knocking down your candidates. this was vicious. this was really teeth beared. teeth bared. >> request did he make him bald? >> trump gets away with a lot because he quotes everything. he didn't say it. he didn't do it. he is like, this is somewhat amusing. there is a little lazy eye. the right eye is going off a little to the side because it is funny. at first it is funny and unexpected and funny. we need to laugh a little more in this climate. >> has this ad convinced you from rubio to bush to trump? >> it reminds me of something middle school boys can do. i was waiting to see like a penis drawn near the mouth,

you know? >> ben, have you accepted donald trump as your president and savior? >> yes, i get down on my knees and thank the world for trump. if you transport this activity to the presidency and just think about him sitting there on a golden couch in the oval office just lazy and today was bore expght rose garden thing. i will get on twitter and i will start a fight. here is a photoshop of a foreign leader or something like that. i think that will be pretty entertaining. >> i think that's what people want. maybe they are not wrong. >> coming up, by popular demand i tell you why it the oscars is the so white campaign. you are watching "red eye" so

stick around.

live from america's news headquarters i'm patricia stark. folks across the eastern u.s. preparing for a possible blizzard condition this weekend. a state of emergency already declared in five states and washington, d.c. forecasters say the storm will likely hit our nation's capitol the hardest. and it could dump about two feet of snow there. new york city also likely to get heavy snow. airlines already can selling thousands of -- cance lling thousands of fights. the two helicopters and the -- the people on two helicopters crashed are now considered dead. they were participating in a nighttime training mission. the search began after someone on a beach reported someone on

a beach and a fireball. they ranged in age from 21 to 41. meantime, a recall that parents will want to know about. britax is recalling more than 71,000 car seats. it is because the carrying hams hams -- handles can crack and break. the company has received dozens of complaints. one infant suffered a bruise and a bump to the head when the plan broke and fell to the ground. britax will send a piece to fix it at no cost. >> and if you didn't get a chance to visit when the pope came. it is a black fiat that sells for $20,000, but auction workers expect it this one to go for more. all proceeds will go to charity. the car is set to the auction block next friday in philadelphia. i'm patricia stark. now back to "red eye."

for all of your headlines go to fox news.com. you are watching the most powerful name in news, fox newschannel. >> andy graham. >> on thursday will smith was the biggest hollywood star to say he was not attending the academy awards because of the lack of black nominees. let me suggest that in reality conservatives should be em pathetic to what black film maker are saying. why? they make similar arguments. how long do they talk about being under served and over looked by hollywood. how long do they complain "lone survivor,"" american sniper" and "13 hours" don't get enough recognition at the academies. don't they say i am not watching the oscars because the movies that are

represented don't represent me and that the real problem is the people who run the studios being liberal and maybing liberal movies? substitute white for liberal and that's pretty much what spike lee said. sure conservatives can argue ideology and race are two different things and black people can argue correctly that the legacy of black face and decades of being type cast raises their issue to another level. ultimately it comes down to the same thing. there is a sameness of people who make movies. if that doesn't change, nothing else will. >> andy graham. >> wow. >> ben, i know you have a theory about the oscar nominations and i want to hear it in a little bit. how stupid did you think my thesis was? >> i think for anybody who appreciates as andy breitbart

would say, the degree to which conservatives were shoved outside the cultural box for a longtime is something we are aware of. there are more and more acknowledgement. whenever you have an opening up of more of a marketplace for different creative opportunity that will change. but i generally agree with your thesis. >> did you enjoy my trip to fantasy island? >> i did enjoy it. i am going to be boycotting the oscars as well. i am not famous at all. >> i like this whole boycott thing. more people should be speaking up for what they believe in instead of watching the kardashians and eating papa john's. am i on to something here? >> both.

last year it wasn't going to repeat itself and it did repeat itself and hollywood is supposed to be the last group to do this kind of thing. i don't know. it is something i have no idea why this has transpired. everybody is sent the movies and this is how it turned out. you got me. >> joanne, how much better was this than a moment with tom? >> it was so good. i really loved it. you make excellent points. you make people think, andy and america thanks you for that. i will ask will smith though. i as an actor think about the nominees, the people who were nominated. for example he could have been up. he was best male actor in a film. he was up for that award or that nomination. whose spot does he want to

take? who doesn't deserve the nominee. for you to be there it means someone else doesn't. it is all very subjective. you need to look at the academy. i believe there are only two minorities in a group of -- how many people are members of the academy? 50? >> 700 million. >> really? oh. it is basically a small number of people. if you create a more diverse group judging and maybe switch it up every year if that's possible then maybe we can avoid a lot of the hostility that's come about. >> then what is your theory behind the oscar nomination? >> when hollywood does these award shows they want to have a moment where they kind of clap for themselves and it is high minded and moral and right they are. do they want diverse groups of people win awards? yes.

but there is something else they want more and that's why you have all of the nominations this time around rather than somebody like -- somebody like michael b jordan for "creed" who deserved to be nominated. you have these -- you have the european transgender artist in a movie that like nobody saw. they would rather have that moment of like look at us. we are so progress minded and forward thinking so instead of nominating a fantastic performance from a great young, black actor and in this case playing a fake boxer they want the moral moment for themselves to applaud themselves. >> i agree and i would go further and say i think most of the people who voted for eddie redmain haven't seen "the danish girl" and that's why i coughed the name brian cranston. >> absolutely ridiculous. >> it was a fairly boring movie. "creed" was so much better. >> it is their ability though to say look how awesome we

are. it is disgusting and everybody should boycott it. >> coming up, nudity.

a huntington beach california nudist group is claiming discrimination after they were banned from the city pool. the group naturists in the oc were observing the pool for

the past eight years. i think it is one day for the past eight years. says one member, we come in and cover the windows so people can swim and play volleyball or basketball or any other activities available. last year a city manager arbitrarily said it interferes with the ability to do their job. we manage to put the show and the president of the southern california naturist association says it would be unfortunate to be singled out and no longer welcome. it is another example of big government run amuck. >> this is about personal liberty and freedom and personal responsibility that goes along with that and they

were doing it for eight years. come on. give them a break. i bet the employees enjoy it. >> as a follow-up question where does your nudist group hold their parties? >> i am in new mexico and -- >> sounds potentially painful. >> it is a private party and they cover the windows. should they let them have their naked party? >> yes, especially since it was the last eight years. there was a change in, i don't know, one of the people who makes the rules. i would feel bad for the employees if it would prohibit them from doing their jobs. the lifeguards maybe if that was distracting you have to look at them and in that case

you swim at your own risk. you don't need employees cleaning it while they are there -- >> or they can be professional and do his or her own job. >> that too. >> isn't this the the least disgusting thing about a public pool? >> this is an issue that gets to the heart of what localism means. in a sense of being able to have arbitrary decisions -- >> you are not suggesting they kill him? >> when they say that sometime the city managers get broke. >> in nernl it happens all the time. you can have that be a local decision and they are allowed at the public pool. that's the decision that

should be made as close as possible to the people who will be affected by the fact that they have to swim in that pool or take their kids there. >> kate, i will go out on a limb and say these nudists are not young and attractive because the nudists never are. why aren't more nudists young and attractive? >> i find myself attractive. >> when you are surrounded by the rest of them. >> i was surrounded by a lot of old saggy balances. balls. you look away and you focus on the good ones. i obviously i'm like do your thing. this city manager needs to take the stick out of here high knee and let the tess tau -- testicals do their thing.

i have been to community pools and found heroin needles and con con -- condoms floating around. >> and there are disgusting things too to be fair. instagram is ablaze with pretty pothead. it is a troubling trend we need to investigate. they are posing provocatively while smoking pot. i am reading slowly on so we can show more pictures. they have been removing the images citing a policy saying the recreational drug use is not allowed of the are you pro-pot selfies? >> and i have to say i am gonna give you a prognosis on pot. that is that this november california votes to legalize recreational marijuana and that's the tipping point that it comes to other states not

doing it at the ballot box, but in fact the legislature is passing it and the governor is signing off. >> i don't get these pics. we reached the part where pot smoking isn't rebellious and cool anymore. >> i don't need weed to post my to bees anywhere. for me the fact that -- my son has a dare program and he is 9 and he came home and he is like we learned about heroin will kill you. cocaine will mess up your body and weed is bad too. i was like, you can't put that in the same category. come on. i can't get over that people go to jail for that. >> am i wrong that drug selfies cooler than regular selfies? >> i am opposed to this, not because of the pot, but because of the selfie. selfies are toxic -- they are

a toxic thing. >> get out of my studio. >> joanne, eventually we will have a big fight about this. when you are taking a selfie and you have something behind you, that's life. when the christmas tree was out front here and everybody was standing there trying to get the right angle for 10 minutes, you are not looking at the tree. >> how do you feel about boob pics when you get them from a girl? >> i don't typically request that. >> a real gentleman. >> you get them unsolicited. >> i don't know that of the. >> what do you make of ben's war on hot girls? >> if i learned anything in school it is smoking pot makes you cool. >> it is in one ear and out

the other. instagram has this policy and it is in their rules and maybe they need to amend their rules. more states are legalizing the drug. i think that you follow the rules or you go there. >> you can post pictures on peach. >> what's peach? >> i did it for a day -- >> i know i haven't peached in awhile. time to take a break. i interview the next person of the united states. don't make a liar out of me people.

live from america's news headquarters, i'm patricia stark. the blizzard will strike with full fury before this day is over. more than 50 million people along the mid-atlantic states could be affected. some regions could get an inch of snow and others may see as much as two feet. state leaders aren't taking any chances. maryland, north carolina, pennsylvania, virginia and dc are under a state of emergency this morning. the major airlines are also on emergency mode this weekend. american airlines has already canceled the bulk of its flights in the northeast.

passengers are allowed to rebook after the storm has passed. wall street may see a surge of optimism. it is triggered by a rebound in the oil and gas companies. energy prices suddenly recovered causing the three top american indexes to close higher. the dow gained 115 points and the s&p 500 rose nine points. many of the top gainers were energy p cs. energy companies. >> a police officer will spend the rest of his life behind bars. he was sentenced to 363 consecutive years in prison. he is accused of 6 low assaulting women -- sexually assaulting women on his beat. his youngest victim was 17 and all the victims were black. there are high levels of lead in the city of flint's tap water. the epa is under fire because

they did not offer technical assistance in october. back to the show you love "red eye." log on to fox news.com. you are watching the most powerful name in news. fox newschannel. >> if you watch the news and if you are watching this show, you may think donald trump is the only one running for president. but that's where you would be wrong. one of our panelists announced he is seeking your vote to become the leader of the free world. the law requires me to give equal time to libertarian governor gary johnson. governor, thank you for being here. >> great to be here. i am the third party candidate. i say i, but the libertarian nominee will be on the ballot and i hope i am that nominee.

>> when are the libertarian debates? >> they will be the next several months. the convention is over memorial day in or plan de -- orlando and 25 libertarian candidates. but the libertarian candidate will be on the ballot. >> i had no idea. >> what people don't realize is there are 160 democrats running for president. people don't realize there are 130 republicans running for president. there are 375 people that register with the federal elections commission to run for president. in 2012 i was the bronze medal list i got a 1% of the vote. i hope it is more this time and there is real opportunity to do that. it starts with potentially being in the presidential debates in the general election and that is a possibility. >> you brought up you ran last time. you ran as a republican and then as a libertarian candidate. are you the reason they had to

sign a loyalty pledge this time? >> i may be the reason they have this under card debate thing. i think it would have been a fair shake. everyone on stage is a social conservative. i am not a social conservative. i am a fiscal conservative. we need to balance the budget. when it comes to individual freedom and liberty a woman should be able to make her own choices. anyone should make their own choices as long as it doesn't adversely affect others. i am a social liberal which is the definition of a classic liberal is what libertarian is all about. most people fall in that category. >> what do you say to those who say i am not voting for a third party candidate? it is a waste of my vote. >> how did that turn out in

2012 and how has that turned out? both parties are guilty of spending too much money. the biggest issue facing the country is the fact that we spend as much money as we spend and we should balance the federal budget. the affect of that is going to be horrible and ugly and i am afraid that it is going to happen unless somebody actually gets in there and does something about it. >> do you think more people will look at a third party candidate. >> you have to believe that and the largest political affiliation in the united states is independent. >> where is that representation? i think most people fall in the category of being socially liberal fiscally conservative. >> i just say i am libertarian on both issues. liberals are socially libertarian and fiscally not libertarian.

>> where is the common sense in all of this? i was born with overdose of common sense. i just don't see it. if there was a better scenario for a third party candidate i can't believe it beyond trump being the nominee and i think hillary will be the nominee. i get the pitch. it is the same pitch i made to new mexico. i am a business person and i have never been involved in politics anymore. i will get in and do the right thing. starting with trump he will deport 11 million? >> that's crazy. we are on a hard break. we will close things out by banning chess. that should be fun.

coming up on the next "red eye", dan be klein and john devore and mike baker. >> saudi arabia's top religious individual says chess is forbidden in islam. he issued it against fun -- right before a major tournament in mecca. he said chess is, quote, a waste of time and money and a cause for hatred and enmity between players.

he responded he is unaware that players don't usually bet on the outcome of games. thank god we are not allies with countries that do stuff like this, right? >> this is absolutely horrible. i do play chess. i wonder if in this situation this was motivate motivated by losing -- motivated by losing a bad match. i have a character and i love chess. this is ridiculous. >> governor, do you tis revengeu would ban the burka? >> i play chess and to bring some seriousness, this is shari'a law. this is not freedom of religion. should we be easy llama

phobic? absolutely not. i tell you what, they are completely opposite of what we are all about. they are completely antithetical to the constitution. >> i'm sure you have run into these chess fends. you probably think this is a smart move. >> i think they are the hottest people out there. i don't know what they will do to get the hot chicks in i more. i don't know how much choice women have with what they will marry which doesn't make me happy. i guess cards against humanity. >> i don't think chess is a problem. checkers is a problem. >> especially because i usually drink when i play checkers and you can't do that either. it is interesting the declaration was made before a tournament. i feel bad. there saw lot going into

that. you had 10 players? >> gotta go. a special thanks to joanne noah chin ski and indicate wolf and ben dominich. i'm andy levy and i'll see you next time. got a nice look.

"special report" is up next. some senior members of congress are not even authorized to see and some of the classified emails from hillary clinton's unsecured private server. and now the white house weighs in on the clinton campaign's attack on the intelligence community inspector general. this is "special report." >> good evening, i'm bret baier. what was once referred to as a drip-drip of damaging information in the hillary clinton email scandal. has now become a cascade. the biggest question now resides with the fbi. and its expanding investigation. a decision about the next moves, that clearly threatens clinton's