and with nearly 120,000 democrat voters switching parties, ohio may be anybody's to take. and tomorrow, we take you on the road in pennsylvania inside an 18-wheeler to find out what truckers think. greta? ♪ welcome to "red eye." hello, everyone. i am tom shillue. let's check with andy levy at the red-eye desk. andy? >> thank you. coming up, "the new york times" defends donald trump. time to lace up those ice skate, dayton. plus, a member of a singing quartet is being demonized for what some are calling his racially insensitive viewpoints. but enough about tom shillue. and finally, jennifer aniston said she is fed up with tabloid gossip. as sing it, sister.

in the middle age, people drank more alcohol than water. she is just keeping the tradition alive. joanne nosuchinsky. he is usually lighthearted. host on siriusxm. his name is pronounced lays. author of the new best-selling book, kevin laite. and a funny guy with a serious set of abs. sitting next to me is comedian-actor jamie lisso. okay. let's start the show. donald trump usually stays out of feuds. but he is in a doozy of a dispute right now. on tuesday, trump called supreme court justice ruth bader ginsburg a disgrace to the court after she doubled down on her criticism of him. trump tweeted, "justice ginsburg

has embarrassed all by making very dumb political statements about me. her mind is shot. resign. in an interview with cnn, ginsburg denounced trump as a faker who has a, quote, ego, and has been treated too gently by the press. of course. the news media needs to stop its pro-trump agenda. last week ginsburg said she didn't want to imagine america as trump as president and thought about novembering to new zealand. as usual, the "new york times" in the tank for trump took his side. in an editorial on tuesday titled donald trump is right about justice ruth bader ginsburg, the editors wrote that ginsburg needs to drop the political punditry and the name-calling. wow. kevin, i think ginsburg pulled a rare feat. she brought us all together. "the new york times" and "the washington post" are defending trump. >> it's amazing. >> you know, of all the things donald trump has been accused of

calling women, i'd say disgraced is pretty light. you just have to ask rosy about that. >> exactly. >> unfortunately, what is going on here, you know, it's sad when the justice department has to come out and take a bias. and for ginsburg to come out so nakedly and say she is disgraced, nobody wants to see her naked. if she doesn't like it, she can go to new zealand and walk the trail to mordor. >> do they shoot "game of thrones" there? it's basically a movie set, the country, right? i think she would do great there. jamie? >> that's where i recognize her from, "lord of the rings." i think she looks great in her robes. she is a lot of fun to be around, i think. but i don't know if she should be speaking out on politics. what is she thinking? >> i don't know if she should. what i'm more surprised by is donald trump even noticed someone insulting him. do you know what i mean? there is so much insulting of donald trump going on.

for once you can sign up for google alerts. once i did it for donald trump insults. and my computer broke. that's how many insults. i can't believe he even cares that he is being insulted by her. >> do you think he really does? i mean, he is running for president. maybe he is trying the make hay out of this. what do you think? >> he might be trying to make hay out of it. but i can't believe he even responded to it. when i saw the tweet you showed on the screen, i just blanked and was jealous of how many retweets he had. do you see how many likes? donald trump is more of a like. i like it but i don't want to publicly put forth that i retweeted it. >> i'm jealous of everybody's retweets. >> did you see that? >> yes. and so many hearts they get. john, i'm jealous of your retweets. you're always tweeting things that get tweeted over and over again. but look, should justice ginsburg after jazz or resign? you got to pick one. >> oh, i have to pick one? >> i would like you to. >> you know, i see both sides of it. donald trump really gets

uncomfortable when people speak their minds. he doesn't like that. he is a very peasy man. i'm as offended by what justice ginsburg did as i was when scalia went duck hunting with cheney when a case was before the court or when aheat to during a state of the union address. >> stop using examples, would you? >> it's always the hypocrisy. ruth bader ginsburg, i think the worth thing she did is make the comments because she fed a troll. and she helped trump. and that's why so many people on the left are upset with the justice. >> ah-ha. >> i'm upset with rbj. it's not very supreme of her, it is? no. >> to sink down to that level of us lowly media people. come on. >> she has been on the court for a while now. >> she has. >> so why now? >> you know what? you get comfortable. with age comes comfort, and then the mouth starts going. >> are we upset at all when the conservative justices do stuff like this, or it is only for ruth bader ginsburg? >> look, they go duck hunting. they have to have some leisure. >> alito shaking his head at

obama during -- >> it makes you question her moral authority when she is making comments like this with a man she could potentially have to work with. >> she told the truth and it was dumb choice. >> it is possible she always just wanted to go to new zealand and she just says this after everything? >> she wants an excuse to go? >> she said it in a light hearthed way. like she was joking around a little bit. look. this supreme court, we've got to do something about it. we're pretending -- john. >> yes? >> let's admit it. it is a political body. why don't we forget about all this stuff, that oh, they have to be above the fray. >> like journalists on cable news. >> exactly. >> exactly. >> we should stop pretending. obviously we know which judges are appointed by who. we know where -- we can always say where they're going to vote. we have the right, the left and we are the swing votes so what should we do about this? the court is political. >> really outraged 24 hours from now when we're all outraged

about other stuff and forget this. >> oh, that's good. that's good for the show. we find new things every day. okay. she don't want none if it's got gun, hon, get it? everyone's favorite girl lena dunham wants to tear out the pictures of guns in ads for the new bourne move. first posted on instagram by her coproducer on "girls" which had the caption, hey, new yorkers, what if we do some peeling and get rid of the guns in the jason bourne sunway ads. so tired of guns. dunham regrammed the pic saying good idea. let's go. grateful to her cize lena. forecasting me in her hbo show. that was really good for my career. >> you were great in that. >> thank you very much. very naturalistic act. what do you think, jamie? of this? removing the guns? the movie is about a guy with a

gun, right? >> it is about a guy with a gun. and that's one of my main points do. you think people aren't going to know there was a gun there? you're going to trick anybody? oh my god, where is that sandwich jason bourne was pointing at that guy's head. why don't they do something that could actually help people. instead of ripping the gun from the poster, why not come from the movie theater when i'm about to see my big fat greek wedding 2 and rip the ticket out of my hand. >> would you get a ticket to that? >> no. >> the first movie was charming. >> i think i'm the only guy who hated the first one. i didn't see it. why is there another one? >> they had the wedding. i don't know. but i think she is great. joanne, look, there is guns in movies, right? >> yeah. >> is this the right battle to be fighting? >> there is so many battles you can be fighting is the thing. and i wish people would tweet at lena and ask for more diversity in her own show and possibly change the title from "girls" to

"i'd feiss as girls" or "transgirls." like something that is a little more inclusive. she is a pot calling herself, what's up, i don't know. >> she was under fire that the show was too white. and where did that go? and yet this gun debate especially with media and celebrities is still going on. let's put an end to something. >> what do you think? >> i like steak, violence and real peace. so i'm not all that offended by make-believe guns. but we've heard this argument before with violent posters. remember back in the '90s when juice came out? because it was black actor they replaced the gun in his hand and had him reaching into his coat. >> yeah, yeah. >> for me it's not a big deal, but i do understand for anyone who think there's is enough guns wagged in our face. i've never seen an actress try so hard not to be in a jason bourne sequel. >> we love these jason bourne movies, don't we, kevin? >> i don't mean to paint a dark

picture, but can you imagine a hollywood with no guns? it's just going to cut revenue. people can only watch so many rom coms until you're enough. >> look who has a gun on the front of their new book. what business did this guy have with a gun? >> i was strong armed. against my will. >> okay. well, meanwhile, president obama wants to make it easier for kids to buy bucks. at least that's what i assume he meant when he said this during his eulogy for the slain dallas police officers. >> we flood communities with so many guns that it is easier for a teenager to buy a glock than get his hands on a computer or even a book. >> okay. kevin, the -- if the facts are on the gun control aside, why did they have to say things like that? that seems like a bit of hyperbole to me. >> leave it to our fearless leader to snatch victory from the jaws of defeat.

you know, this is a memorial service. we don't need to make it a political argument. and i don't know a kid these days that doesn't have access to a computer called an iphone. go ahead, put your time to good use. download "the last punisher" on itunes, make it a best-seller and educate yourself on real men who use guns and use them to stay out of trouble. >> that's the question. do you think this was right to kind of insert this political moment in the memorial? that's where he kind of got criticized. >> yeah, i don't think so. i hate stuff like that, honestly. i want someone to stay on point and not try to put forth some agenda. especially when it was done poorly like this. you know, tom, i grew up in a pretty bad neighborhood. >> yes. >> now i live in a much quieter neighborhood. just to get to sleep, i have to pay a background noise of people shooting guns and yelling just to get to sleep. teenagers wouldn't even know how to use a book. do you know what i mean? i feel like this isn't -- it wasn't the place for it in my

opinion. >> want the place. john, i assume you agree with the president's point of view. but do you think it was right to insert politics into the memorial? >> i think talking about the proliferation of guns in our society at a funeral for five cops who were murdered by a dutch b douche bag with a gun. i think most of our conservative brothers and sisters can agree on the merits of telephone speech. it is easier for a kid to get a glock? not in my naked, but in other neighborhoods where kids don't have access to kpoucomputers or books, i think it's easier. i get what he was going for. i get that he was being colloquial. and try and find a bookstore. my wife out the at brownsville in mike tyson's hometown in brooklyn. the kids didn't know what a bookstore was. it's easy for me as a caucasian to cast on these folks, but i think for other people who have

to live with the ever present risk of violence all the time, yeah, kids get guns. it's not hard to get illegal guns in this country. >> well, i'll agree with you. the rest of his speech was good. i thought that one little moment took away from it. you're right. all we ended up talking about was that bit of politicization, right? >> he is pushing a narrative. and the people who already decide that they like it and they agree wit, don't mind about the one little lie, you know, the one part that wasn't exactly factual. >> what's the narrative, that it's too easy to get guns? violence and poverty go hand and hand. we all agree it's a problem. >> the ease of some things to get. you can get a book easier than you can get a glock when you're a child. >> that's colloquial. but i do think it's very easier for kids to get a glock than a computer in some places. i blame the speech writer more. taking the whole speech in context, it's not offensive. >> john blames the peach writer. moving on. here is a tax few people could

swallow. a new study published in the british medical journal suggested taxing booze could drastically reduce violent crime. a team of researchers found a 1% sustained increase in the price of alcohol could reduce the number of patients requiring er treatment following injury and violence by over 6,000 patients per year. the researcher says poverty and income inequality are still the greatest predictors of injuries stemming from violence, but attacks would still have a significant impact. similar studies in the just shown that taxes on alcohol helped reduce the number of domestic violence cases. hmm. i don't know about this. i don't like taxes, kevin. >> you're going to really make some sailors angry by taxing alcohol if you go ahead and try to decrease the number of violent cases there are so many different areas that we can reduce health care cost, let's start by healthy eating. that's a good start. i don't think it's going to be a problem when people start paying for tax credits on alcohol. >> you don't like a tax on

alcohol. it's just going to hurt the most vulnerable among us, right? >> you know what? it could save a lot of american lives. but there are a lot of things that can save american lives we don't want to do. i don't believe in taxation without inebriation. >> good one. i'll take that to the bank. joanne? i mean do, we have to say? >> yeah, i drink for free so this doesn't matter. >> that's not what i thought you were going to say, i really don't like this argument. the same thing, should bullets cost more so people are not responsible with guns don't get their hands on bullets that can then harm themselves or others? i think it's the wrong way to go about it. if you really want to save people's lives or make sure people don't get injured, and you don't want them to get mad, since alcohol is regulated, why don't you lower the sort of proof of the alcohol and just don't tell people. >> doesn't that happen anyway? you go into these joints, i feel like they're watering down their

drinks. >> it seems like it in some places. that's why i drink it right from the bottle. i want to be the one to break that seal. i believe this to be true, more expensive alcohol, less violence. >> of course it's true. >> in an airport, you know how expensive licker? sometimes i sit in an airport and go should i have another glass of wine or should i send my kid to college? >> across the country it's expensive. in new york airports, it's about the same as it in new york. the drinks in this town are ridiculous. >> my idea is to change the size of the container of the alcohol. it's the size there is something about drinking like having a 40 ounce in one hand. it makes you want to punch with the other hand have. you ever had one? >> i think we need testosterone. >> no, are you kidding me? you know how much i would pay then every year, john? but look. >> why are they laughing at that? come on. >> because we love you when you're low t. >> i can do those, right?

there are taxing on them now. they're not as high as cigarettes. but where are the taxes on alcohol? they're high. >> i don't know. >> you don't know? no. >> i think the price of personal responsibility is too high. and people just can't contain themselves. it's simple to grab a drink, have a good time and call it a night. >> or legalize weed and they won't feel like beating anybody up because they'll be too busy listening to pink floyd issues. >> this is an issue. legalizing weed. >> among other things. >> yes. >> but if we did legalize weed, then i guess the government would tax that, they would tax it and regulate the hell out of it and maybe balance some budgets here and there. terrible idea. >> but i'm worried that people might stop buying it for me. >> exactly. >> putting all those drug dealers out of a job. >> exactly. >> you're not kidding. okay. time to take a break. >> time to become a libertarian on fox news. >> which of these guys is about to be fired in three-part harmony? the answer when we come back.

live from news headquarters, i'm jackie ibanez. it won't be long until we learn donald trump's running mate. he posted a tweet last night saying he will reveal his pick tomorrow morning in manhattan. trump and his staff have been vetting possible candidates all week. the top names under consideration include indiana governor mike pence, newt gingrich, and new jersey governor chris christie. parts of the midwest are recuperating from severe weather this morning. the powerful storms there have triggered widespread flooding and are blamed for at least two deaths. damage some homes and washed out

roads. strong winds have left about 185,000 people without power this morning. kansas, illinois, minnesota and michigan among the hardest hit regions. and the threat may not be over. the national weather service says more flooding is likely in northern wisconsin where rivers and creeks will continue to rise in the coming days. the pentagon wants to know why the man who killed five officers in dallas last week was honorably discharged from the army, despite being accused of sexually harassing a fellow soldier. in the words of a lawyer who represented micah johnson at the time, quote, someone really screwed up. funerals for three of the slain officers were held yesterday in dallas. thousands of mourners were in attendance. services for the other two officers will be held later this week. american road rage appears to be careening out of control. a new survey by aaa reveals eight out of every ten u.s. drivers admit they last their temper to some degree in the last year. eight million confessed they actually rammed into another

vehicle on purpose. the most aggressive drivers are men ages 19 to 39. i'm jackie ibanez. now back to "red eye" for all of your headline, remember to log on to foxnews.com. you're watching the most powerful name in news, fox news. before the all-star game on tuesday in san diego, one of the tenors of the canadian quartet the tenors changed the lyrics to the canadian national anthem. take a look. ♪ all thy suns come out ♪ we're all brothers and sisters all life matters to the great ♪ >> that fit in there seamlessly, didn't it. the other three singers were shocked saying they had no idea their fellow tenor remigio pereira was going to sing a

special solo and hold up a sign that said all lives mattered. they issued this statement. the tenors are deeply sorry for the lack of judgment by one member of the group acting as a lone wolf today. he will not be performing with the tenors until further notice. if he was looking for attention, he got it. it was the first time americans have ever paid attention to o canada. people attacked him for being political, even though we're all brothers and sisters, all lives matter to the great is not so much a lyric but a collected jumble of words. but pereira tweeted in his defense, i speak for the human race and the lives of all sentient beings. love, peace and harmony for all has always been my purpose. yeah, that clears things up i guess. he also has some other sensible views like maybe the earth isn't round. look at this facebook post. sun in front of clouds. it is impossible for the sun to

be 93 million miles away and with yet stuck between the clouds. things that make you go hmm. hmm. o canada, you better stand on guard for him. kevin, i don't really care about the political message. i'm just worried for this guy. >> i feel bad for him. i woke the other morning and i heard rogue and extremist. i thought we were going to identify terrorism. but we didn't. >> it was the terroristic tenor from the great white north. we're losing focus. all lives matter. we just need to focus on that. >> why do you think there was such -- this got a lot of attention. it played in canada, i guess, because of whatever how they broadcast the games. but, you know, people seemed upset with his message. i didn't even really get it. >> because most people go to the ball game and they hear the canadian northern o national anthem and they expect no controversy. we're distracted. >> look at th faces. now they said they had no idea

this was going to happen. jamie, do you believe them? >> yeah, i completely agree them. the guy right next to him had no idea. this is the most hilarious clip i've seen in a long time. the words, you know when you make a parody? these are just different words. they're completely different. >> it didn't really fit. what was he getting at do you think? >> this is what is ruining opera, tom. we talked about this many times on your show. the fact is he slipped all lives matter in. he found a way to make canada even whiter. and i give him a lot of credit for that. >> what was it? i don't know what his -- i don't know what he thought. he seems to think he was just trying to say peace and harmony. then why was he hiding that thing? >> exactly. because all lives matter is a way of telling black lives matter to shut up. and all lives do matter. but if all lives do matter -- >> enough of your nonsense, john. if that's the case, then black lives matter is a way to tell white people to shut up. >> black lives matter is a way

of saying that it seems to many that black lives don't matter. and speaking as one of the fellow caucasians on the panel, all lives matter is very well-intentioned. but again, it's not that we're angry that we need a black lives matter movement. we're angry that there is a black lives matter movement. >> we need a panelist on this show. >> this is a black hole, tom. >> it's interesting. i don't know how it's relevant in canada. i know they have terrible racial tension issues up there. now that bieber left. >> i don't think he kind of realizes what he was saying. i think he really was trying to say, no we all need to come together. i think he is very hippie granola in that very shiny suit. what fabric was that? i am most offended by that suit. >> i don't know what it was, but it mattered. >> apparently it did. we'll see if they find another tenor. >> the thing, he's kind of -- he is pretty special in the group. they all let him sing the high

notes at the end. he is quite talented. they've probably been sick of this guy for some time because he seems a little goofy in the head. i don't know. >> i like the fact that this at least brought attention to the fact that baseball as an all-star game. >> if it wasn't for canada, the world series would be really embarrassing. it would be just us. >> canada has baseball? >> what happened to the all-star game. when i was a kid, it was huge event. now no one cares about it. why? >> i don't know. we care about too many social issues. take your kids out to the ball game, enjoy what is great about america. >> when i was a kid, voting was a huge event. >> i'm so glad that we're finally tackling all of this political messaging that is ruining opera at sporting events. >> we need more. are they going to stop with the national anthem? i love the national anthem. >> it should be a big band. no lyrics and a band. >> i don't know why we're singing canada's anthem at the baseball game, joanne.

>> it was in canada? >> no. it was in san diego. >> what? thinking was not a canadian game. >> what? this is offensive. >> probably one or two. there. >> you go. >> all right. one or two, they get their own anthem. coming up, he is spits more fire than an active volcano. halftime with andy is next. and the ipod is back. subscribe on itunes.

hi and welcome back.

time to find out what we got wrong and what we missed from tv's andy levy. >> hey, tom. how you doing? >> good. >> excellent. let's start with ginsburg v trump. tom, you referred to new zealand as an actual country. oddly, that is correct. "game of thrones" does not shoot there, though. >> really? >> no. northern ireland. >> that's a nice place too. >> wow, those are different. >> yeah. >> kevin, you said of all the things trump is accused of calling women, a disgrace is actually kind of light. which is a good point. he did actually call her senile. >> and? >> i'm just pointing it out. >> that's not bad. >> okay. >> jamie, you said you can't believe that trump even responded to ginsburg. that was a joke, right? >> yeah. once i said it, i felt stupid. but then i realized there were cameras on so i went wit. like if we had been at a bar i would have said i didn't hear what i said.

you can't win with him because you insult him and you help him. >> absolutely. also, jamie, you said that trump's tweets, you were talking about how many retweets. trump had the kind of tweets you want the like them but not publicly retweet them. >> just fyi, likes are public too. >> but don't you feel like we rest tweet is a little more look at this here. but like you got to search out. >> i guess. >> and creepy when someone searches your likes and they're like you like guy's tweet but not mine. >> i only read trump when he gets that your your thing wrong. it's tricky. unamerican. >> you can also search people's likes by going this through their garbage. john, you said you were as offended by what ginsburg did as you were when scalia went hunting with dick cheney, et cetera. so to be clear, you were offended by what ginsburg did? >> i thought it was feeding a

troll and it helped trump raise money. a lot of people out there looking forward the a billionaire landlord sticking it to the man. >> i should point out the code of conduct for the u.s. judges says judges should not, quote, make speeches for a political candidate or publicly endorse or oppose a candidate for public office for engage in my other political activity. but that code does not apply to supreme court justices. also, they didn't mention hunting, right? hunting is okay. >> lena dunham wants people to tear out the guns in the bourne posters. tom, i believe that picture of you in "girls", do we still have that? i believe that's fake. >> well, they might have touched it up. but that's what happens when you're in a tv show no. i believe that is completely fake. i believe your head was put in there on someone else's body. >> oh, i thought you meant he was holding a different magazine. >> it doesn't mean, andy, that i wasn't in the show. >> okay, that's true.

>> there is no troelgs that fake post post poster to me not having been. in. >> okay. >> jamie, you asked if you think people will not know that it was a gun. sot with flowers. >> oh, see, i would have liked that you mean the bourne poster. cool. i think in the whole movie they should do that and see what happen. >> you're allergic to flowers, that could be deadly. >> well, not really. because it would just be a picture of flowers. >> oh. >> i don't think it was actual flowers. it was picture of flowers. >> but it's a picture of a gun. >> also, jamie, just to clear up this, "my big fat greek wedding ii" that the priest never signed he and his wife's wedding certificate 50 years ago. so they need to get remarried. >> is that right? >> still not going to see it. >> right. >> but andy ruined it now. >> i don't think that was a

spoiler. >> there were so many unanswered questions in the first one, andy. i really resent you doing this. >> did you see the second one, john? >> i wanted to see the second one. >> in other words, you had a chance to have those questions answered and you didn't take it. >> well, it's actually kind of awkward. i was going to go see it. but that was my day to french kiss rob kardashian. >> all right. if i had a dollar. >> john, you said you like fake violence and real peace. so you didn't have a problem with the gun in the bourne ad. >> the biggest problem was the bourne redundancy. i get the grievance with it. but i have bigger problems with real guns. >> the thing about this that i don't really get is i find it a bit unreal that someone that works on a tv show would call for people to deface movie poster. >> like i said, she was giving the greatest audition to not be in a matt damon movie i've every seen. >> president obama said it's

easier for kids to buy a gun than a book. yeah, i guess he has never heard of a kindle. >> those are big in the hood, andy. >> absolutely. >> some people have a nook. >> nobody really has a nook, john. >> i do. >> i know. so cute. by the way, kevin sort of made the same point with an iphone. but i wanted to give a shout out to the kindle. >> i have a nook, and i keep my gun right in it. i don't care about that. making booze more expensive will bring down violent crime. john, i'm with you. a lot of things will bring down violent crime. it doesn't mean you do them. a nationwide curfew would probably bring down violent crime. the purge on the whole might bring down crime for the year. >> we tried alcohol. we tried with drugs too. it hasn't worked. >> it created more crime. >> shocking, isn't it? >> that will never change. >> lovefest for the libertarians.

>> the tenors disavow member who changed the lyrics to "o, canada." this is something i would expect more from an alto. >> it's so true. or a baritone. >> but i was shocked to find out it was a tenor. >> they're usually very well-behaved. how you've used to be able to enjoy opera at sporting events. >> joanne, you said we'll see if they find someone to replace him. i think they have to. right now there is the three tenors, and that's got to be a copyright infringement. >> yeah, probably. two plus one. fixes it all. >> i say we send bieber back to canada and let him be the fourth. how about that? >> is he a tenor. >> yeah. >> okay. until they drop, andy. >> all right. jamie said you know how you make up parody song you change the words slightly, but here he changed them completely. it sounded like he was making them up on a fly. when you hear someone singing to a baby or something and they

start making up words. i don't believe. he did plan this. >> absolutely. and tom and kevin, tom, you asked why nobody cares about the all-star game now. and kevin, you said you really didn't know. i would say it's because we have games nationally televised all season now which when we were kids we didn't. so you can see all the players all year round. >> that's it. >> and we have interleague play. so watching the national league play the american league has become meaningless. >> the first part is so true. >> the second part too. >> we can agree on anything. >> i am done. >> thank you, andy. rumor has it that this former "friend" has had it up to her hair with gossip magazines. who it is? we'll hear next. well, hello, "red eye" crackpots, i've got gavin mkinnis. he escapes authorities to join me along with meghan mccain. i feel so outnumbered. plus comedian d.l. hughley. join me.

live from america's news headquarters, i'm jackie ibanez. president obama says america has a long way to go in resolving issues between police and the communities they serve. the president hosted a meeting at the white house wednesday with law enforcement official, politicians, and community activists, including members of the black lives matter movement. the president said he was optimistic after the more than three-hour meeting and said conversations like this need to continue.

the united kingdom has its first female prime minister since margaret thatcher. theresa may taking over from david cameron who resigned after voters rejected his appeal to keep britain in the eu. she is the 13th prime minister. a federal appeals court in new york clears the way for lawsuits to proceed against general motors. about one thousand wrongful deaths and injury lawsuits stemming from faultily switches have been on hold since 2009. that's when gm filed for bankruptcy protection. the court ruled gm knew about the switches but did not tell the court. the ruling could affect the 399 cases gm has already settled for $595 million. a warning from a new study to tell you about. being heavy could cost your life. the study just published in the

lancet medical journal looked at data from more than 10 million people in 32 countries covering 45 years. the bottom line, excess body weight causes one in five of all premature deaths in the u.s. and one in seven deaths in europe. it's touchdown for tom brady in the so-called deflategate scandal. a federal appeals court wednesday denied his request to review his four-game suspension. his only chance is an appeal to the u.s. supreme court. i'm jackie ibanez. here is "red eye." she used to be america's sweetheart before andy levy accepted that title. after enduring years of rumors about her relationship, pregnancy plans and overall happiness, jennifer aniston is speak out against tabloid magazines, magazines like "people," us weekly and sport fishing. she writes in a "huffington

post" essay is i'm not pregnant. i'm fed up with the body shaming that occurs under the guise of journalism, the sport-like scrutiny and celebrity news. she is dismayed by the attention she receives when there are so many pressing stories like the mass shootings and the upcoming elections. she knows the sheer amount of resources spent right now by simply trying to undercover if i am pregnant for the be a jillion times is that women are somehow unhappy if they're not married or with children. it's still unclear if she is pregnant or not. she never really answered the question, did she? >> well, that sounded like the crazy hormonal babbling of a pregnant woman in my opinion. that entire essay. >> look, she is really dogged by the press. >> i legitimately feel bad. you want to know why?

>> why? >> i have a small bit of fame. weren't you the guy peed in that bar? you ever take a selfie? you want to make sure you look good. i kind dove it. i don't even care that much. i feel like for her someone is running around trying to find the worst picture of her to put on the cover of a tabloid. and when i look at it that way, i feel legitimately bad. i look so much better from a higher angle, when we go to dinner i put her in a higher chair so i look better from that angle. she is a human being and i legitimately feel really bad. >> yes, kevin, she ate a hamburger. this is where it came from. she said she had a big hamburger. i'm not kidding. she wrote this. somebody wrote this and she was full of hamburger. and they said she was pregnant. i mean, that's not good, it is? >> guilty. take her to the stockade. jen, whatever you're doing is great. keep doing your thing. a little diversion tactic, let's start the rumor of a friends

reunion and i guarantee the scrutiny will go off you immediately. >> well, look, she is still -- what is it people think about jennifer aniston? she really is the perfect tabloid celebrity. >> i'm just glad people are finally talking about her. after all this time, where have my magazine covers been? i want to say for the record, where am i most serious here? i think the american people have had it with this obsession with celebrity gossip. it's unamerican. it's bad for the national character. and i hope everyone watches page six tv on the fox network premiering on july 18th next monday. >> that's right. you are getting involved in that very business. this is amazing. joanne, look, it is. it's tough. especially for women. right? >> i want to be in tabloids. >> see? >> i would be so flattered if someone took an unflattering photo of me. it's very hard to do. but, no, really. i find most essays like this to be a little self-indulgent, it's

another way to get attention usually provoke bade publicist. however, i think she is being very honest about this. she doesn't have a lot of social media. but she cannot avoid this. people are coming up her, family member, friends, asking if she is pregnant. the girl is so tiny that when she eats a hamburger, she gets a food baby. like that's just her reality. >> it's terrible. >> and i love that she is being very real about it. i think it's great of her. >> i google that she ate that hamburger at a place called baby-sized hamburgers. >> wow. coming up. what is the next big dating app people are using to hook up? you'll want to catch tonight's bedtime story to find out. tired of re-dosing antacids? try duo fusion! new, two in one heartburn relief. the antacid goes to work in seconds... and the acid reducer lasts up to 12 hours in one chewable tablet. try new duo fusion. from the makers of zantac.

pokemon go gamers aren't just finding jiggly puffings and wiggly puffs. they're also finding love. yes, the massively popular game is augmenting the dating lives of players. tipsy gypsy tweets who needs tender when i just got aught asked out on a date to go play pokemon go in a park searching for poke stops. wow. a bomb made cannot be broken.

some writes should totally wrap pokemon go in a dating app. easiest icebreaker ever. you don't even have to pick a spot. and just went out for over an hour at park at night. i was approached by a guy who asked if i was playing pokemon go. ended up hanging with. that sounds very chill. joanne, you don't need a new app. this is doing it for them. i think it's fantastic. >> man, child abductors were so excited when this app came out. and then they realized, oh, it's only adults who are playing this. this is crazy. good for you. obviously you have something in common. better to get your obsess with pokemon out of the way. i don't know. i won't be in a park looking down at my phone. >> is this the end of romance or the end of adulthood? >> i agree. it's a crushing blow for the pedophile community to find out it's only adults playing this. i have to defend it. pokemon go is enjoyed by

thousands of men and both women. i think it's just terrific as a social. >> i've seen the pictures. are there are lat of gals doing this, john. it's not just nerd di guys. >> that's great, tom. terrific. using pokemon go for a guy works as an effective birth control device. >> kevin, are you going to play this game? >> everybody talks about the negatives. this is the beginning of adult exercise. with your fit bit you want the get 10,000 steps a day. people are out there getting after it. i missed it the first time, the pokemon craze. it's hard to hunt down pikachu in the grocery store parking lot. >> for us it's exciting. for him it's pass safe. what about you, jamie? >> my kid wanted me to download the pokemon go an just the other day. i met a woman on the app. i went up to her and said hey, do you mind if try to find your lucky egg. we went back to her place. it turned out she wasn't even playing pokemon. it ended up being a very expensive night. >> we got to go.

>> if you find all the pokemon and collect all of the items in one 24-hour period, you're a loser. you're a loser. >> good night.

this is a fox news alert. i'm bret baier in washington. hillary clinton and donald trump getting looks tonight at how the general election landscape may be shaping up in the all-important swing states. new fox polls out, clinton leading donald trump in virginia and colorado. out west in colorado, clinton's advantage is ten points, 44-34. in virginia, clinton leads by seven. 44-37. but a new quinnipiac poll has trump up 42-39 in florida, an 11-point swing from three weeks ago. ohio is deadlocked with each candidate getting h 4 1%. and trumpea