notorious pab. i am here with patty app brown. patti ann browne and joanne though saw chin ski. and someone call security. it is the lying and cheating ceo of sentinal, tv's andy levey. and next to me it is the brawny, bald beauty, imus in the morning executive producer? can i call you bernie? >> no. >> a block. the lede. that's the first story. >> it is baker and mcgirk. >> the famous scripted drama show. >> he is toast for leaving his post. we are getting started with a serious story by the way so pay attention. the army sergeanted sergeant bowe bergdahl with disserges and miss behavior before the enemy. bergdahl was captured by the at that . after he left his post and was part of a prisoner trade in which we traded five high value gitmo detainees. at the time the obama administration responded to heavy criticism saying bergdahl served with honor and distinction, a statement totally backed up by the army. >> sergeant bergdahl is charged under the uniform code of military justice with one count of article 85, dissertion and misbehave before the enemy by endangering the safety of a command, unit or place. >> that sounded like an -- the army agreed. the charges carry a maximum life in prison. questions. are you sorry that at this point you supported the bergdahl prisoner swap? >> not at all. when you want to quit you quit. >> you are for dissertion? >> i am for it. it is tragic because five guys died looking for this guy. that's the serious part because i because -- and i don't want to joke around too much. >> it was six guys. >> i should know that. it is mind boggling the administration didn't know this before they went through with you will a of the pomp and circumstance. and again they send susan rice out to lie on the morning show to say he served with honor and distinction. they out right lied or they admire what they did. the facts were known. >> it is a good point. we all understand the concept of leave no man behind, but are you surprised by the handling once he got back here? >> yeah once he got back here, yes. even before that we had earlier today on fox or yesterday -- >> don't let the secret out. >> the lieutenant colonel said he knows for a fact that there are three other viable options in the works and we did not have to trade five bad guys for him. it is inexplicable why they did that. and this trial will not take place until after obama leaves office which is shocking. the facts will come out. our -- they are facts the obama administration should have considered before making this deal. >> as you may know or may not know i moved to idaho. bergdahl is from idaho, a small town there. we watched this town support him while he was being held by the at that . while he was there and you really felt bad for the towns people, but there was this big 800-pound gorilla in the room. the idea was let's get him back first. everybody had this impending doom that was hanging over their shoulder. what do you think of the way the white house handled this? >> they handled this horribly. the trade should never have been made the way it was made. susan rice saying he served with honor and distinction is ludicrous. there is one part of it. she tweeted that they are happy for the bergdahl family when the swap was made. that, yeah that's his family. that's different. and now they say they are not arresting him or putting him in pretrial confinement. why would anyone think he is a flight risk? >> you raise a good point. we were watching drinking gin and juice and watching it play out on tv, but you made the point saying why aren't they talking about death as the worst possible punishment? >> i am still confused and i heard a couple of stories but the army colonel who read the charges said the max penalty is life in prison. if you look up the uniform code of military justice, the highest punishment is death. there is no way they would go for the death penalty and i am not saying they should, but i find it weird they are pretending that isn't an option. i don't get what is going on here. it is weird to me. >> joanne, what is your position? >> i am against dissertion. >> are you on the right side of the equation. >> if you do the crime you have to serve the time. i think the punishment to the fullest extent. six men died searching for him. this makes no sense to anyone. there are questions if we will ever have the answer to because obama loves giving those away. it puts him in an awful light. he will be out before any of this would affect him. >> here is what i think and you can tell me if you agree with me which i hope you do. i asked for you specifically to be on the show. one of the reasons the white house miss played this so poorly and why the president had his parents out in the rose garden is because he has a complete lack of understanding as to the military and the way the military thinks and the service members think and the way people in america think and how they would react to these charges of dissertion. he was anticipating that he would be patted on the back for bringing home this fellow as susan rice said a hero and he didn't understand it. >> i agree with you. >> thank goodness. >> he has a serious misunderstanding of the military. he couldn't understand a corpsman. he said a corps man. how are you the exander -- the commander-in-chief and not pronounce it? >> that's something i would say. >> exactly. consider this in the backdrop of the iran negotiations, if he made a terrible deal with the taliban like this knowingly made a terrible deal it underminds his position when he tries to sell his stuff to the congress and the american people. >> i don't think he will try to sell the iranian nuke deal to congress. are we looking at life in prison? >> it is important to remember that right now charges are being referred to an article 32 hearing, the military version of the grand jury basically. >> look at you with your knowledge. as of now he is not guilty of anything. he hasn't gone to trial yet. you gotta think for them to go with the heavy charges of dissertion and article 99 you have to believe if there was any political pressure going on it was to not charge him heavily. so for them to do it, you have to think they looked at this and said this is a slam dunk. we can't charge him with a lesser offense because it is obvious what he did. i have to believe that's true. >> conviction? >> we are talking about the military -- the military does not go easy on its own members who betray them and betray the united states. >> you have taken the oath and out there with your buddies and side by side with them and you walk off the post. >> his fellow platoon members are seen on various tv shows saying he walked off and they are angry. >> andy when i start doing this it means we are moving on to the next. >> i don't care. that's the point. lastly he could get a light sentence given that he was in taliban captivity for five years and they may take that into account when they sentence him. >> we will just cut that out. it will look like we went smoothly and you didn't disagree with me. should wealth be stealth? some are granting anonymity to lottery winners. they let the newly rich pick up their enormous checks in private. the issue has come up recently in at least 10 states. a wisconsin man won $41 million in a powerball jackpot and told the times the following. i think it is the curse of the lottery that your name is out there forever. you have always got to keep looking out for a scam even after seven years every once in awhile i get a suspicious phone call. poor guy. did i say he won like $41 million? did i mention that? lottery execs say it is key to keeping the public interested. it is the best way of assuring our players. >> her name is alice by the way. >> she is british. what do you think? should winners have a right to privacy? >> it specifically states that everyone has the right to life, liberty and to keep their lotto winnings -- no, it is not in there. you have no right under this to keep -- it is a game and if you play the game you agree to abide by the rules. the rules vary by state. they usually state that you are going to go public if you win. if you don't riech the rules you can turn down the money. do yourselves a favor, people google the lottery ruined my life. winning the lottery ruins your life so don't do it. >> i don't believe it. >> keep playing. keep shoveling your money into the lottery. do you play the lotto? >> i get them for my birthday sometimes and i always win. i should be a major gambling addict because i am lucky when i do. >> what about you, you being andy. >> do i play the lottery? no like i will give the government more money? >> a buddy of mine's dad calls it a tax on mathematics. >> i agree. you play you abide by the rules, but some of the states are saying we will change the rules. the question is should they change the rules? when we first started talking about this earlier in the day it would be great to have a choice to be anonymous. it sucks for that guy who says i am calling him. it is a waste of my time. >> and you haven't made a dime. >> it is frustrating as hell. we were in the office and i don't want to take her talking point. if you don't produce a winner there are people out there including me who will think they are making up the whole thing. there are carousels and we saw this in the island where they said if you won the lottery you got to go to the island. they were harvesting your body parts and that could happen. >> i believe that there is a point that there is a point to dash drash there is a point to the person coming forward. >> are we just not doing enough dism -- are we not doing enough? >> go with it, girl. >> i do like to know who it is. i want to know that plain jane won because i can win too. >> there is always a convict who is winning. there was always a convict winning the lottery. >> it is never bernie mcgirk. >> you know it is part of the marketing that when somebody wins they present them with a big check and they say you were a loser once and you can be like this guy here for $50 million. you have to be in it to win it. take your dollar and stick it. >> it is amazing that those people they show won the lottery. you don't think it is odd that 98% die mysteriously after winning the lottery? wake up america. >> try this at home as an interesting experiment. you -- when you are hosting a dinner party buy a lottery ticket for your guests and put it on their plate. it will start a really fascinating conversation about what is fair and what is not fair. >> do you do this often? >> did you sour on her flower? >> the tone of your choice changed. new developments in the departure of the chief florist. people are turning tv's off left and right. laura dowling clashed to the first lady leading her to be escorted out of the white house after six years of work and dedication. a source said dowling's fussy style did not mix with michelle obama's modern taste. according to a top floral designer dowlings' work is just different. i am not sure i ever imagined myself reading a story about a florist. >> i am not sure if it was right for the white house. the designer requested anonymity because the floral community is very small and violent and nobody wants to put down anybody's work she added the last person who did got knee -- kneecaps. andy, are you surprised we are doing this story? >> no, i am not. you were supposed to be here for the story pitch meeting. this is what happens. guess what you are doing the story. if you are asked to host again which i doubt will happen show up for the story meeting. >> you just dropped that in there. >> if i believed for one second this was a disagreement in the style of floral arrangements i would say that's a good reason to fire a floral arrangement. let's face it, there is something along the lines we haven't seen since vince foster was murdered. >> i don't know if america knows it, but you are batting a thousand. >> 1005. >> have i to agree. there has to be a reason people are writing about this. there has to be more to the story. if it was just taste she would have left am mick caw blee. there has to be a scandal. something big had to be going on behind the scenes. >> a peoni is that a flower? >> it is. not to be confused with a pansy. >> i know a pansy. joanne, you did what a two-year degree in floral arranging? >> i did. >> how should the white house respond to this mess? >> i think we need a complete overhaul actually. >> from the top? >> we need to get rid of live flowers completely. they die and i don't want anything that sad happening in the white house. >> the cut flowers are already dead. >> they are cut, i get it. >> can you say it again in that voice? >> i think silk flowers would be nicer and they last a longtime. this they may be an investment, but you will see a good return. >> who has a live tree as opposed to a fake tree for christmas? >> live tree? >> live tree. >> fake tree. >> i don't have one. >> andy jewish. >> so live tree or fake tree. >> i am going to hr. >> this is worthy of -- michelle obama clashed with this lady and she was escorted out. this is why it was intriguing. >> i am insensed. the lady was fairly good looking from the picture i just saw. i am not reading much into that, but she served for six years and susan rice came out and said she served with honor and distinction. something is smelly. >> in the rose garden. >> so what do you think, will she get convicted -- i am getting my stories messed up. >> how do you track people in realtime. witches are now offering their services on-line. the witches are now offering their services on-line, that's what i said. they are business twitches. the customers can pay to have a spell cast on their behave. a writer for the daily dot recently gave it a shot purchasing a spell which is, what? anyone? anyone? for $25 for better sex. jius-xina sent her and her husband's names to a witch in whales, in the u -- witch in wales, that's in the uk and cast a spell. did it work? >> initially it did not. we were traveling and i got incredibly sick. after i told my husband what kind of spell it was. i didn't tell him what it was at the beginning and then it started working. we were just thinking about it so much. >> better sex. they report there is a schism in the divide. we asked a wizard to comment. >> ♪ we're off to see the wizard ♪ ♪ the wonderful wizard of oz ♪ ♪ because, because because, because sthoat. ♪ >> we should just play that over and over again. do you see a problem with selling spells on-line? >> first i have to commend our time for finding that video. it was excellent. from you are a psych rig and trying to sell predictions for the future you have to label it for entertainment purposes only. as long as they are doing that and letting people know look, this isn't really -- that's fine. you also can't over look the power of positive suggestion. this woman says she believes the spell that she purchased for $25 worked. >> eventually. >> eventually after she was sick . once she told her husband about the spell they were thinking about it. you can think about sex for free. >> and she met another dude to be fair. >> you think i will say a full head of hair? >> look if it actually worked, better sex is not a bad thing, right? >> with who? >> if you want to spend money for better sex, buy a membership to the gym or thigh high boots or something like that. something con vet -- something concrete that works. >> you can't wear thigh high boots to the gym. >> yeah you can. >> how would it look? >> he is creeping me out. imagine me doing squats at the gym. don't flatter yourself. joanne -- yeah. >> they are not allowed to sell metaphysical goods. >> i think we should have the market decide right? >> i don't know what that means. >> you always say that. if people are willing to buy it i would fall for this and i would give my social security number. i am that person. i wore we -- i worry about the elderly and those being taken advantage of. wishing ill will toward other people is bad. >> that's a dwood one. >> that's honest. >> i can get the things i want. i will work toward that, but i can't harm other people on my own because that's wrong. >> how do you get the things you want? >> i work for them. >> most people get into witch craft for the money. can you blame them? >> this is an awful idea. this is a complete violation of the witch's code. you can't put this kind of power in the hands of a layperson. it is bad witch craft. i don't like the fact that she went to a -- you went to a witch in wales? >> they are the center of witchery. >> how about massachusetts? >> you don't need to go to wales. >> buy american. >> you are taking american witches' jobs. >> better sex tips for her? well i have a minute left so we might as well walk right into it. >> shower a little more often? >> shower more often. >> did you see her? >> she looked fine to me. >> i was going to say maybe change the hair color. >> some people like purple hair. >> what would you be looking for? >> money does not make you happy. >> of course it does. >> i guess eternal youth. >> i am still here. it didn't work. >> the billboard said your wife wants me. well, sorry, but i'm already taken. now our sponsors. >> tonight's sponsor is diligence, the foremost name private -- tonight's sponsor is sentinal. don't think diligence. think sentinal. yeah you can sock someone, but you are never leaving your couch. you can sock someone without leaving your couch. that's convenient. yes, apple has a pat at the present -- patent that would allow to you track a person. if a friend is going on a trip or hike they can turn the feature on allowing you and others to monitor every turn. the tracking system raises privacy concerns. if you are worried about that sort of crap. am i right? >> you are correct, sir. >> but apple says it can only be enabled by the person being tracked. can you give me a gafaw? they would say that wouldn't they? wouldn't't they, andy? >> they would say that. >> do you think there is a concern with privacy issues? >> as long as it is not turned on on your phone and you have to be the one that turns it on. i would feel better if this was an app you would have to download instead of being on your phone to begin with. but apple files for a lot of pat tepts and they -- pat at the present times and they never use them. >> you wouldn't have a concern that the @pt in button wouldn't be manipulated? >> i would feel better if it was an app you had to download. that's why i said that. >> or just a glazed look in my eye. >> do you think the woman -- and this is sexist but do you think the women would use this to track their boyfriends or husbands? >> yes. >> girlfriends? >> yes. >> i think we should let the market decide. if apple is correct in what they are saying that both parties would have to turn this on in order for this to happen it takes out all of the fun first of all but then i am trying to think who would use this? it would be great for sting operations. >> we could use it in one of our episodes. >> i was thinking law and order. they would have more episodes for years to come. if a mom and the teens -- you know the teens are going out for the first time alone and they will know exactly if they are walking to school or whatever. that could be helpful. >> that's interesting. you have 12 children and all named connor, am i correct in saying that? would you feel good about tracking any of them? >> the thing joanne was saying if your kids are going on a date they will turn it off. you can turn the device on or off. if you want it on and if you are doing something cool like zip lining you turn it on so your friends are like wow, she is zip lining, awesome. but you have to remember to turn it off. >> you have to ask why, but you didn't ask andy if it was used to track a girlfriend. >> they will try to stalk their girlfriends as well. >> because men write the questions on "red eye." >> we have an office full of men who write manly questions. am i right? >> it's a man's world. >> would you want people to track you on your phone? >> we all have something to hide. >> you are a former cia guy and you can put something on somebody's car some device. and you can put computer chips in a kid's arm. >> this is not brand-new. >> there is absolutely no way. >> are you kidding me? >> you start putting things out there like that and you know what they do to the average viewer? >> i feel like they are ganging up on me here. >> next topic. some college students in upstate new york which is the northern part of new york which is a state are protesting a billboard calling it sexist much like the question i asked joanne. it shows a crafts man kitchen with a text in quotes, you're wife wants me. i just like saying it out loud. >> you probably said it to a few of your buddies. >> it is at a party or a barbecue. how is work? yeah, your wife wants me. >> your wife is looking good, bob. >> i see what you are saying. protesters gathered with signs of their own saying men can make their own sandwiches and women left the kitchen decades ago. here is one of the protesters now. >> plenty of men would love to have that kitchen too. we just want them to have a more inclusive script. >> most of the clients are women who often -- they are often the decision makers on major expenditures. the company is, quote good natured tongue and cheek fun. patti ann, have you ever known a man who can make his own sandwich? >> i have to say my husband is a better cook than i am. he cooks more than i do. i think he should be offended because women are the cooks and not the men. >> are you offended by it? >> i am really not. i think it is funny. i think it was meant in a lighthearted way. but i do have to say i understand the point these protesters were making. they are assuming that the man is paying for the itch cken and a lot of women work these days and they are willing to pay and you want to buy this for your wife. why not say to the woman you know you want me. >> are you buying that some are making more than men? >> i have seen no evidence of that. i am supposed to accept it with fact. >> was it sexist or not sexist enough? >> it is ruining this country. this is this is hilarious but the role is -- >> so they are playing off on that. we know it is changing, but it is a joke. i hope with they were under the billboard sign a homeless guy robbed their stuff. they are ruining this country. shut up. >> you are a passionate individual. >> joanne, what is your favorite sand witch? >> salome, ham. >> lettuce and tomato? >> i will do that. i like roughage. >> you're regular? >> do i only get a kitchen if i am married? what i am never a wife? do i never get a thighs back flash and stainless steel appliances. >> and granite counter tops? >> i can afford my own kitchen one day i hope. >> are you offended by this or not? >> i am not offended. i love billboards. >> who doesn't? >> i will give you the last word on this. >> first billboards give you something to look at when you are driving so that's good. >> this is just more proof that women shouldn't be allowed to go to college. >> let me write that down because i'm sure we will be revisiting this later on. >> why am i the only one who sees it that way? >> it is time to take a break. we debate the best late night talk show hosts when we come back. back in a moment. but first -- that didn't make sense. first, here is what is coming up tomorrow on "kennedy." >> i miss you already, friends. on the next "kennedy" our good friend gavin mcguinness will be here. it is on the fox business network. who is the best late night talk show host ever? come on, please. before bed i used to watch alf, but sadly his show lasted only seven episodes. microsoft's web portal msn which is where i get all of my news came up with a list of the 20 best. and man did they not nail it. that was a reverse not joke. i could have said they nailed it and then not. the top five includes conan o'brian stephen colbert, john stewart, david letterman and no surprise the number one spot went to johnny carson. there was one noticible snub. can you guess who? >> me? >> yes. why he was left off the list but i suspect the sentinal had something to do with it. >> i can't speak to that. >> are you surprised i was let off list? >> after working with you, i i can't say i am. >> i am crying on the inside. >> i am too young for steve allen and jack par. it is letterman, conan, space ghost and i wouldn't put stewart and colbert on the list because they do a different thing. >> it is apples and oranges. >> joanne, are you surprised i am not on the list? >> very. and i voted for you too. >> what choice was that? >> i like to speak for the younger generation out there. chelsea hand t -- chelsea handler made the list. and jimmy fallon is doing a great job. when he laughs you must think you are the funniest person in the world. his laugh is infectious. he looks like he is peeing himself every time. >> you have a thing for jimmy don't you? >> i have friends who write for the show and they say he is peaking himself -- he is peeing himself every show. >> are you surprised me and dina soar -- dina shore is not on the list? >> that's right. it is another snub. i am actually in bed before 10:00 most nights. i never have heard of any of those people. >> do you watch late night talk shows? >> i actually have some of these guys i like. conan o'brian is my favorite. >> of all time who is your favorite? >> i like jay leno and i know he is controversial. >> he is? >> well there is the whole thing between him and letterman. >> oh that old thing. did you watch johnny carson when you were little? >> i was very little, but yes. >> did you watch johnny carson when you were little? of course. i will speak with somebody my own age. >> to stay up for johnny carson was a treat if you were a kid from that era. >> that's what it was like. it was an event. so was most of tv because you didn't have the other outlets. i remember my dad would fire up the tv and then i would come running in. >> how did you turn on a tv back then? you had to fire it up. >> i remember we got our first color tv and here is where mike descends down the rabbit hole but we got our first color tv, a sears color tv and it was the size of a buick. i was waiting for the sears truck to come. they delivered the tv and it was huge. my dad made a big deal of the antenna. and it had these buttons for each channel. and it cachunk. the sears guy switched it on and it was the cereal commercial with the mascot of the blue kangaroo. it woulded for five seconds and it went blank. i was crushed. it took two weeks to get the color tv back. what is your all time favorite? >> bethany frankel. seth meyers is actually on the list. that's the funniest thing. >> he was last. >> he was number 20. >> george lopez beat out seth meyers. >> current times who is your favorite? >> fallen and conan. >> also letterman. >> coming up, not letterman. >> coming up, the collapse of the entire universe. and they have videos of animals. send them to fox news.com/red eye. now with the xfinity tv go app, you can watch live tv anytime. it's never been easier with so many networks all in one place. get live tv whenever you want. the xfinity tv go app. now with live tv on the go. enjoy over wifi or on verizon wireless 4g lte. plus enjoy special savings when you purchase any new verizon wireless smartphone or tablet from comcast. visit comcast.com/wireless to learn more. here is some exciting news. you can see me on "justice" with judge janeen piro. coming up tomorrow on the next "red eye" return appearances from joe devito and andrew claven. >> e block. last story. that's the last story. >> well, the universe is heading for a cosmologial collapse. it will stop expanding and then collapse in on itself wiping away all matter. it is sbt of tonight's -- it is the subject of tonight's -- >> in a newly published paper they predicted scientists ending in a crunch as opposed to silence in a nothingness. the big crunch is also the name of the taco bell taco. i had to read that. >> don't say you read it. >> nobody could believe i ad libbed that. >> you could have gotten rid of it. >> the threat is described as imminent. they mean tens of billions of worlds away. randy is this obama's fault? >> it is, but it is not a bad idea to get a fresh start. what is the point of a jellyfish? why do we have them? >> something in jellyfish helps your memory. >> a universe without jellyfish. think about it. are you nervous of the collapse coming up. >> between that and global warming i don't know why i get out of bed in the morning. >> what gets you out of bed? >> coffee. >> gotta go. >> patti anne what gets you out -- well let's not go that route. you are a security expert. >> if you al gore global warming will wipe us out before that. if you believe the movies it will be a virus. personally i put my money on the terrorism threat and nukes and that kind of thing. obviously the way to prepare is for us to throw untiles of max max -- taxpayer dollars. >> with the ending of the world coming up what would be your last sandwich? >> it would be a ham and cheese. eat crap, smoke cigarettes and drink. >> you heard it, watch porn, eat, crap. >> you will get a smell on-line. that would be. that's thing we should have talked about earlier. patti anne, joanne, i want to say thank you. i had a hell of a good time. i am ignoring the teleprompter and i don't know where i stand. that does it for me. i'm mike baker. see you next time if there is one. yeah...but what about mike? (cough!) it works on his cough too. mucinex dm relieves wet and dry coughs for 12 hours. let's end this. [ male announcer ] meet jill. she thought she'd feel better after seeing her doctor. and she might have if not for kari, the identity thief who stole jill's social security number to open credit cards ruining jill's credit and her dream of retirement. every year, millions of people just like you experience how a little personal information in the wrong hands could wreak havoc on your life. this is identity theft and once every 2 seconds someone becomes a victim. lifelock offers comprehensive identity theft protection. the patented lifelock identity alert system lets you know about threats to your identity by text, phone, or e-mail. and lifelock even offers bank account takeover alerts and alerts for your investment and retirement accounts. lifelock's comprehensive identity theft protection helps guard your social security number, your money, your credit, even the equity in your home. and lifelock's certified resolution agents are there to help restore your identity if you become a victim of identity fraud. they know what to do. and that's not all. lifelock stands behind their protection with the power of their $1 million service guarantee. you have so much to protect and nothing to lose when you call lifelock right now and try 60 days of identity theft protection risk free. 60 days risk free. use promo code onguard. order now and get this document shredder to keep sensitive documents out of the wrong hands. a $29 value free. ♪ or go to lifelock.com/onguard to try 60 days of lifelock identity theft protection risk free. and get a document shredder free. ♪ and help protect your identity your money, and your credit. ♪ on bill o'reilly. ms. megyn is next. the spin stops here cause we're definitely looking out for you. breaking tonight, just months after the president celebrates the return of a u.s. soldier held hostage and ultimately traded for five top terror leaders the army announces that soldier is being charged with desertion and more. and tonight the political fallout is getting dramatic. welcome to a busy night here on "the kelly file" everyone. i'm megyn kelly. then-private first class bowe bergdahl went missing in 2009 disappearing from his post in afghanistan and then appearing in a terrorist video. a shaky bergdahl is released but came with a controversial price as not one but five taliban commanders were released fro