than eat one, it's joanne nosuchinsky. tmi. and it's comedian joe divitto. his cometdy album is available on itunes. and it's concerned fox news contributor. >> well, they opposite of nailed it. "rolling stone" has apoellogized and retracted its story about a rape at virginia. it leveled blame at the magazine from top to bottom and found that "rolling stone" didn't try hard enough to track down the man accused of orchestrating the assault and relied too much the word of the so-called victim jackie. >> placing so much weight on a single source maybe it's semantics, it's just bad practice. >> meanwhile, the from a turn-- fraternity said it plans to pursue all legal action against "rolling stone." let's start with the obvious kwi question. how has nobody at rolling stone by fired over this? >> that's what i'm asking. with the boston bomber, treating him like a rock star, i'm not surprised. i heard the fraternity did an assessment of damages of what they could get, about $6 per reader so it's about $18. >> pete, he called the accuser quote, she's a really excellent storyteller. isn't it a journalist's job to suss out when a person is lying? >> of course it is. this is never an attempt to really get done to the bottom of it. that's always what it been about. if you look at the background of this particular reporter, she dedicated at exposing sexual assault, which we should be doing but not making it up in the process. >> well, the writer said quote, i allowed my concern for jackie's well being, my fear of retraumatizing her and my confidence in her credibility to take the place of more questioning and more facts. her problem was she cared too much. >> she didn't care to pick up the phone and call a couple people but she cared too much. there are still people defending this by saying you can't prove it didn't happen. and enough with this plan nine bull [ bleep ]. we know we know. it's time for "the rolling ston stone" to get back to their coverage of the top bob dylan songs. >> and i hate had they call her the victim because at best they know she was an accuser and now we know she's a liar. she lied about the location, time of assault number of attackers, about the injuries, the bloody dress as evidence, what here friends did after the assault. she made up quotes for them, she wouldn't cooperate with the police. she invented people. she made up this haven monahan person and used someone else's photo for it, sent bogus text messages. >> when you say it like that out of context, it sounds bad. >> you look at balance, there's all that against her and nothing on the other side. there's still people saying, well, this sort of shows -- it shows how dangerous it is whether you take a serious crime like rape and instead of turning it over to authorities you have a report and university kangaroo courts deal with it. >> "rolling stone" for some reason are not firing their editors but also said they're going to continue to work with the writer. how can they ever work with her again? >> i think they kind of have to do that so that they seem like they're all a team because they're going to have to be, i think, if they do file this suit against "rolling stone." though wouldn't you just want to cut your losses? >> you're off the team! >> they said they didn't fine her because it wasn't a pattern. as if one bombshell was not enough. >> they said it's a matter of practice. i do feel bad for this fraternity. i do think fraternities are being vilified, definitely, in this narrative. they're not painted in a very good light, while a lot of these chapters do a lot of good when you miss parties, the sexes and alcohol, there are instances like this. and i think we should be focusing on that culture. rockers just banned all fraternity and sorority, equal opportunity there, parties for the rest of the semester. i think that's a wise move. >> most guys do join fraternities for the philanthropy. >> i didn't say that. >> they should go to law school. they're going to need an army of lawyers to start defending frats and sororities. enevident inevitably it going to learn to the horrible subjugation of women. >> wouldn't it drive it underground more? >> it's going to happen somewhere. >> this is how bad "rolling stone" screwed up. people are actually feeling bad for a fraternity. >> i think they should. nobody has apologized to them. i understand you're saying it could have a negative effect on someone who wants to report a future assault. it your own fault that's happen. but there are actual victims. >> i think "rolling stone" did apologize to the frat but it's such a waste of resources, the police university tuition dollars spent on all this investigation. "rolling stone" should pay for all this. >> and shouldn't the school also apologize to the fraternity? >> president sullivan absolutely should. it's easy to say now it besmirched their reputation. all thee had to say they beginning was these are serious charges, we'll do everything we can to find out -- >> and it was a faculty member who spoke to the "rolling stone" writer and gave this victim at the time, who she thought was a really victim's name to her. so she was facilitating that conversation and that story even more. then you wonder is the school really concerned about the safety and the health of the students or did they just want this article to happen? >> what they're not concerned about the guys in that frat house pay to go to that school, too. one of the things you pay for now with thee reidiculous costs are the college experience. what they should do is compute the ad revenue from that web page, from those views multi-play it by the number of members in the frat house and start cutting checks. >> the reporter still hasn't apologized to the frat. she's mentioned by name. it's a dedication to, well, you guys clearly did something wrong. >> if she called you and was like i'm doing a story, can i talk to you? >> i would talk to her because then i would say whatever the hell i want. look what she does, you can't trust her. that would be great for me actually. all right, my last point is i don't think saying jackie is a liar at this point is not blaming the victim. she clearly lied. >> there's no victim. nothing happened. >> i agree. she should be called out for lying. i do think "rolling stone" has no business blaming her for her shoddy journalism. there's supposed to be a rule in journalism if your mother says she loves you check it out. the plame for me is 100% on "rolling stone" -- >> i wish "rolling stone" would stop calling my mother. she's already answered the question. >> all right. now to our next story. [ whistle blows ] >> it's either the end of fred flintstone's workdior an american hero wants to tell us more about governor surveillance. on sunday edward snowden sat down with hbo's john oliver for a comedic and substantive interview. take a look, people. >> how many of those documents have you actually read? >> i've evaluated all the documents in the archive. >> you've read every one? >> i do understand what i turned over. >> the difference between understanding lease in the documents and reading all the documents. >> i recognize the concern. >> when you're handing over thousands of nsa documents, the last thing you want to do is read them. >> more important byly, can the nsa see john oliver's [ bleep ]. >> the good think is there is no program to see your [ bleep ]. >> can they see my [ bleep ]. >> a four-foot tall snowden statue was made of bronze before taken down by evil forces aka, the evil parks department. my obvious first question is can you account for your wheres about early wednesday morning? >> i was always known as a talented artist especially can sculpture. and the figure he cuts, how can he not be a form of art. i am innocent until u can prove otherwise. >> exactly. >> carrie, you were saying before the show, why aren't there more statues of edward snowden? >> how do you know i wasn't there? i'm just saying. >> you're right it was very sexist of me to assume it might be pete and not you. >> no, i just think it's ironic, and can i use that word, it's a hipster word, this was in brooklyn. hipsters are not supposed to be building monuments to anybody right? it just seems so earnest. it so anti-hipster. >> unless they were doing it ironically. >> so many levels. >> joe let's talk about the interview. you can talk about the statue. >> i'd prefer -- i like it make snowden statues out of butter for weddings. that's the medium for me. how were they able to really nail the snowden statue but the lucille ball statue that they unveiled that looks like -- >> oh my god! >> so the borderline vandalism came out perfect where "i love lucy" looks like she's having a psychotic break. >> i think it's the glasses. you tell someone that's snowden -- >> you put those glasses on lucy she'll look like slim pickins. >> why are you judging my art? >> again i apologize. >> i think it's interesting it took a comedian to do some real journalism where "rolling stone" can't be bothered to pick up a phone. >> i assume the oliver interview has convinced you to change your mind as far as the nsa programs go? >> oh, yeah. you can make me laugh, you can make me do anything. that interview was so funny. i don't watch john oliver's show but now i want to because i thought that was brilliant. and that's what it is. what makes it funny is that it was so smart. it was like i don't know, like you said he was asking all the right questions. you're like how has no one asked him this before. it was great. and to see him caught off guard was the best. he's like "i should have read all of them, why didn't i read all of them, now i can't answer and i'm not a hero." you can see him getting insecurity and i love it. >> a lot of people were surprised and i think edward snowden himself was surprised he got controversial. >> they looked at edward snowden and said what are the costs of that? you revealing sources and methods and edward snowden stepped back and said, oh, yeah, that's a problem. and oliver goes no, that's an f -- maybe fake beep that i don't know. there's a difference between revealing what your government is doing and the places and facts that get people killed. >> i thought it was brilliant. you know what i love more about this piece even? he showed a clip of msnbc doing an interview of jane harmon, who was the intelligence chairwoman in the house and it was like a serious interview about surveillance and all of a sudden andrea mitchell from msnbc cuts and says sorry we're interrupting this interview with jane harmon, we just got word that justin bieber is getting arrested. john oliver's job drops and he interrupts that commercial with a turtle humping. >> all right. can women be warriors? new surveys found that men doesn't think women can meet the miss and mental requirements of their commando jobs. in 2013 one major johnson noted how demanding special ops missions are requiring forces "to operate in small, self-con it and teams, many of which are in austere, geographically isolated environments for an extended period of time." what's your take on this? >> it's totally obvious. it exactly what you would expect special ops to say. they need to be at the tip top shape at all times able to not just deal with themselves but the ramifications of someone might be injured or any conceivable thing. what you're seeing is a military right now that's more interested in social engineering let by this president than they are of war fighting. they're going to erode standard because they want that one female army ranger navy seal so they can put them on a recruiting poster and feel good about themselves. they're realizes they're going to just start ticking away at the standards. >> my main concern is the same concern he brought up is the potential lowering of standard to allow women in. the defense department says that won't happen. should we take them at their word? >> i hope so. this whole discussion will be moot witness we get iron man suits in the military. i'm serious. >> or iron woman. >> my nickname is iron chef so maybe i'll sign up. i did an article about this for forbes. the military is looking of getting xo skeletons which would change to battle of the wits versus braun only. >> joe for cop bat jobs in the military, infantry, armor, artillery, et cetera, my attitude has always been as long as the physical standard aren't lower, then sure, why not, let women in. but is special operations different? >> well, my expertise with commandos comes from repeat watching of the movie "commando." so if they're able to find a woman about foot 2, solid muscle can she come up with the quips? remember when she said when i said i'd kill you last i lied and we're going to have a long conversation about that. >> let talk about our feelings. >> it the same thing as with the fieft set. if there's a standard you're expected to do with the job, then l you're male or female, you have to meet it. but it seems if you're in a burning building and some 10 pound person is not physically strong to enough to drag you out, i don't care what their gender is. i just feel like hey, i'm in a lot of trouble here. >> one special ops person letting people in is the air ops pilots. would you join or do you hate america? >> no, my eyesight is too bad. i can't do it. >> flat feet? >> that too. my scoliosis. >> most fee may soldiers don't want combat jobs. if you're a woman who did, wouldn't you ant to be held to the same standard and pass the same rigorous training as the money? >> no. >> yes. >> coming up did mindy's brother pretend to be black to get into med school? it beats studying. you're watching "red eye." stick around. ...if hiring plumbers, carpenters and even piano tuners were just as simple? thanks to angie's list now it is. we've made hiring anyone from a handyman to a dog-walker as simple as a few clicks. buy their services directly at angieslist.com. no more calling around. no more hassles. and you don't even have to be a member to start shopping today. angie's list is revolutionizing local service again. visit angieslist.com today. kellogg's® frosted mini-wheats®... have 8 layers of nutritious wheat... and one of delicious sweet. to satisfy the adult.... and kid - in all of us. 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>> not at all. i love ridiculous hypotheticals. how far can we go? teen-age hitler hitler's mom while pregnant or dad? >> there you go. planned parenthood. go to planned parenthood and say would you abort this fetus in game over. >> there's a lot of people. the question is not would you do it. it's how far in the chain would you go to prevent it. >> joanne would you act like the other women in this study or are you more of a baby killing machine? >> if you don't have a baby, you don't have to kill it. okay, here's my problem -- >> you could go back to time to hitler's parents. >> i could. i should mentor parents. first with hitler, easy kill hitler. duh. the other ones if there's a crying baby who are going to give up your location to soldiers are who are going to kill you, smother it. and there's a woman who you could pimp out to guy food. of course women whose job is to bare children are going to be like -- not job, i'm sorry. >> you'll never work at n.o.w. ever. >> women would -- nature, women are just naturally more inclined to nurture to save the babies. but you could save 6 million babies. >> yes. exactly. that's the point. >> i hate to disagree with these two baby making machines over here. i think -- i don't know if i would go back in history if i would kill hitler i would definitely buy a couple paintings to take the edge off. you don't know the long-term ramifications. it called the flapping of a butterfly's wings could result in something like a crappy ashton kutcher movie. >> vanleventually that lead to nazi germany. >> and we don't have a segment. >> see i would go back in time and i would become friends with hitler and i would be like a cool jew and then he wouldn't hate jews anymore and he would never have become a nazi because he'd say the jews are cool. >> and putin because so many ride in the cold war. like putin wouldn't be in power either. >> exactly. >> what other hack comedy presences should we turn into -- >> let me go back to this morning. i feel like i could really nail breakfast. but it can't be anything in between. it's either the old way or -- >> if you could go back in time would killing hitler be high on your list? >> very high on my list. >> do you mean that? >> think about it right? then you think about it. here's a 1-year-old hitler, looks all cuddly and nice. you wonder if you can reform him. it's the -- you have a baby it's actually your daughter and your family is not being fed, do you allow her to be a prostitute to feed the family or the family is going to die? i'd i love ridiculous hypotheticals. i'd love to think i would smother the baby but -- >> i guarantee you right now that line out of context will be in tomorrow night's -- >> all right. >> coming up, fbi agents must now pass a physical fitness test. good to see the feds are being held to the same standard as sixth graders. >> and are pundit bringing you down? you need andy's brandy. at 190 it's the only proof you'll need. e to do. cross that ocean. walk on that moon. fly. none of this makes rational sense. it only makes american sense. here, the hard things show us who we are. leaving your job to start your own thing. having a kid, when you still feel like a kid. signing a 30-year mortgage on a home. scary sure, but no match for our colossal self belief. we're supposed to do scary. without scary, we don't get to be brave. i'm one... i'm one... i'm one... i am one of the one's who discovered always discreet underwear for sensitive bladders. it makes me feel secure, confident. i feel protected. i mean i feel comfortable to move in them, they move with me. i love always discreet underwear because of the fit. the fabric is very soft. i can wear whatever i want to wear. always discreet has made me a very happy woman. join over 500,000 women who've discovered always discreet underwear. for more stories and your free sample go to alwaysdiscreet.com so bladder leaks can feel like no big deal. new york state is reinventing how we do business by leading the way on tax cuts. we cut the rates on personal income taxes. we enacted the lowest corporate tax rate since 1968. we eliminated the income tax on manufacturers altogether. with startup-ny, qualified businesses that start, expand or relocate to new york state pay no taxes for 10 years. all to grow our economy and create jobs. see how new york can give your business the opportunity to grow at ny.gov/business he doctored his picture to become a doctor. he doctored his picture to become a doctor. he posed as a black man. he wrote about the experience for his anti-affirmative action book called "almost back." he explains "in my junior year of college i realized that i didn't have the grades or test scores to get into medical school. still i was determined to become a doctor and i knew that admission standard for certain minorities under affirmative action were let's say less stringent." he was eventually accepted at a university as an indian-american. >> he was clearly doing the anti-bindi project. get it? it actually touches on a very important topic here in new york which is the bam boo ceiling. deblassie is going after the indian students. he wants to cut them and make room for other people. >> i heard he actually wants to kill them. go back in time as babies. >> so joe, he's now trading on the fact that he's mindi kaling's brother. isn't that the real affirmative action here? >> he certainly looks more. than -- >> he can get al kinds of funny. i think it amatsuzakawas funny the part of his name he changed was his first name. if he to identify as black, who are we to say? if you want to identify as a different gender that's a personal call. when you look at ethnicities, there's all these different countries people come from and combinations and possibilities. if he identifies as black why can't he? >> and going back in time aren't we all technically iranian american or african-american. >> why not get in the system. if that's what the system is who is to say he was wrong for trying that? >> the other thing is -- how i look at this is if you accept what he said was true, what he did was proved that there is affirmative action which we already know there's affirmative action. separate argument as to whether there should be affirmative action but he didn't prove anything other than, yes we have a thing called affirmative action and this is how it works. >> he just did it in a very ridiculous way and then wrote a book about it. >> i found it unfortunate but it a rather amuseing story. well my grade aren't very good, i'm going to save my head and get in because i'm a black buy. who knows if he got in because of affirmative action but this is something that even my friends in the black community wonder sometimes did i get in because i'm an african-american or not? we're seeing more race in the pursuit of seeing no race. >> that's what clarence thomas says he wants to ban. >> joanne, the weird thing or maybe the most important thing about this story, apparently mindy kaling is not supporting her brother he. is she just an awful says ter? >> no, she is an awesome sister. tough love. her career doesn't need that. his big fight is for anti-affirmative action. i'm never anti. the reality is african-americans are born into -- he should be fighting for promoting developmental programs within these communities for these black kids so your acceptance into a school is based solely on merit. it just that it's university that it's not. if you want to do something pro active and productive do it. >> it sounds like you shed your privilege today. >> i used my privilege to help others who are privileged. >> you're welcome. >> on to a more important story. are emoji emasculating. the "new york times" asked if grown men should be using the goofy symbols. the writer says they resemble the stickers that adorn the notebooks of school girls and have been adopted and teens and tweens everywhere. all right, pete. war hero you got your bronze stars, your combat infantry badge, are you using emojy? >> i have used emoji. every time i do i feel like not only does a piece of me die but the spirit of some spartan warrior dies, every time i smiley face at the end of a text. you just kind of end up using them. then when other people respond with them you feel like it's okay and a slow spiral. >> i would like to thank you for my freedom to use emoji. >> it's sad. >> carrie would you date a guy who uses emoji? >> of course. you don't have to be ashamed. it's expressing his feelings. the bigger question is should grown men be reading the "new york times." >> also a fair question. >> is even asking should grown men use emoji is it a stupid question in the first place? >> well, i've never been in a situation where i've thought this little cartoon graphic will say so much more than words could? i use the same one all the time i'm sorry your uncle died, cat with birthday cake. although i don't appreciate the lols at the end of [ bleep ] texts. there has to be an emoji for that. >> joanne do you like it when guys use emoji? >> i'm on the fence. i'll literally put a fence up. not too often. just sprinkle it. >> but it can show us a guy is creative and i do like that. if you do something really funny that even i haven't thought of, i think you're ready to -- >> no, i spend my type searching for the perfect stuff. i do a combination monkey with a knife or i don't know. >> i have a funny story about lol, though. an aunt did die in their family apparently and the mom did a group text to the family and saturday aunt millie just died lol. >> was it lots of love? >> yes. >> everybody has that story. i didn't want you to go on -- >> she died in a hilarious way. >> and we have to go too. time to take break. when we come back, performance from tonight's musical guest. first here's what's coming up tomorrow on "kennedy "kennedy." ific. it is the fox business network. hey. i'm ted and this is rudy. say "hi" rudy. 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nothing? >> yes. >> i have the image with the fbi with the feels and the mugs. he doesn't need to be able to run 300 meters very fast. i hope they're being smarter -- well i shouldn't make these assumptions. i'm sure there are different standards for the guys out in the field as opposed to the guy in the back office making coffee and looking through files. >> if your job is cyber crime and you're sitting a the at a computer all day does it matter if you're in good shape? >> no. at what point will the feminist lobby come in and say this is fat shaming for the women. >> if you want to go undercover. >> you have to build up a cheese doodle tolerance. >> the director, who i'm starting to love, says, quote, i want you to look like the squared away object of reverence. i want people to look at you and say there is an eight of the federal bureau of investigation. it's kind of old fashioned but i dig it. >> i think the first thing he ought to do is crack down on his memos being gotten by the "new york times." this was something j. edgar hoover inspired. he noticed he was gaining weight because he went to put on his control top panty hose -- >> and he went up a dress size. >> guys. >> you look at the secret service if they get a little plump, next time someone climbs a fence at the white house they're just going to be breathing heavy and waving. >> joanne, would you feel less safe if you had to deal with an out of shape fbi agent? >> listen, i don't feel safe with this. how do sit-ups, pushups and sprints mean an agent can save my life who or a colleague's life. they need to be the cross fit with all those squat and flipping tires and i've seen way too many videos. they should be recruiting there. that's more of the -- it's the end of the world how are you going to save humanity kind of exercise? >> i think all government agents -- can we throw out that picture? i think they should all look like characters from the "fast and furious" movies. >> of course. but can a government agent read? >> that's the balance. >> the fbi, they're not jumping over barriers and doing crazy stuff for the most part. they're investigating and trying to connect dots and i don't care how big you are, you can connect dots. >> i want to point out for the record that hobbs is a very, very smart agent who is able to take down many -- >> the rock is also smart. >> as long as they're still on the play ground equipment we got to meet them. in their training they're on swings and slides. what are we doing? >> jungle gyms all the time. >> and male agents 20 to 29 have to do 29 push-ups. like, i mean -- >> in a row. you can't stop! not on your knees either. >> so what? >> what if you hurt your arm? >> it's a fair point. >> coming up, dicaprio island. do you have point. coming up videos of animals? you can send them to us at fox news.com/redeye. mom's got your back. your friends have your back. your dog's definitely got your back. but who's got your back when you need legal help? we do. we're legalzoom, and over the last 10 years, we've helped millions of people protect their families and run their businesses. we have the right people on-hand to answer your questions backed by a trusted network of attorneys. so visit us today for legal help you can count on. legalzoom. legal help is here. doug. you've been staring at that for awhile, huh? listen, td ameritrade has former floor traders to help walk you through that complex trade. so you'll be confident enough to do what you want. i'll pull up their number. blammo. let's get those guys on the horn. oooo looks like it is time to upgrade your phone, douglass. for all the confidence you need. td ameritrade. you got this. female announcer: get three years interest-free financing on brand name mattress sets. plus, get free delivery, and sleep train's 100-day low price guarantee. sleep train's interest free for 3 event is on now! ♪ your ticket to a better night's sleep ♪ coming up tomorrow on the next "red eye" return appearances from brooke ld coming up tomorrow on the next "red eye" return appearances -- e-block. last story, that's the last story. >> leonardo dicaprio bought an island. happy for him. he purchased 104 acres of land off the coast of belize which he plans to turn in to an eco friendly resort. the actor/environmentalists tells the "new york times" with the onset of climate change there are huge challenges. we want the structure to not only enhance and improve the environment but be a model for the future. also he will bring models there to bang. all right joe. let's face it, we can sit and mock this for hours but the truth is if anyone of us got an invite to go to leo's island we'd drop everything to get there. >> absolutely. i think it's great he's found an environmentally sustainable place that ke he can breed clones for replacement parts for his girlfriends. i think it would be cool if it was a dicaprio theme park. if you went there and turns out they recreated the mental prison from "shelter island" and as you were leaving your ship hit an iceberg. >> or like "inception." that could be -- i was thinking that actually. >> doesn't sound eco friendly. >> that's what i was going to say. nothing says you love the environment like a far flung island that you have to turn a ton of fuel to get to. >> maybe he is taking a steam ship. >> i picture hollywood divided in to those who have been to the island and those who haven't. >> i you know i'm going to that island. >> i know you are. >> even if i have to work at one of those resort villas as the help, i will accidentally get pregnant by a celeb and that's my ticket. >> pete, would you do the same thing? >> would i buy an island. >> no take a job and get pregnant. >> if necessary. we'll get there exsew skeletons whatever. we're on the way. >> would you go back in time and prevent leo from buying this island? >> i would try to. i'd try to prevent him from buying the island so i could buy the island. >> would you prevent him from not being cast in "titanic" so you could be cast in "titanic"? >> absolutely. i still cry when i see "titanic." it's an emotional movie. >> would you use emojis. >> that's it. it said it all for me. set for life. >> leo is doing more of this. he is being a landlord and renting things out. his home in california and now this island. maybe he's going to walk away from acting. >> this all day. >> he still hasn't won an oscar. >> has he not? >> it's sad. >> sad mow ji face for him. >> i thought he was going to get one for "hoover." >> maybe he is turning in to howard hughes and has a remote island. all right. very special thanks to you all. that does it for me. we will be back tomorrow night with a new show with a bunch of different people except for the ones here every night. have a sunset mode. and an early morning mode. and a partly sunny mode. and an outside... to clear inside mode. transitions® signature® adaptive lenses ...are more responsive than ever. so why settle for a lens with just one mode? experience life well lit®. upgrade your lenses to transitions® signature®. get up to ninety dollars back when you combine crizal, varilux and transitions... and buy a second pair with xperio uv polarized sun lenses. visit transitions.com to learn more. >> hello. welcome to hello. welcome to "justice." i'm judge gentleman meanjeanine pirro. >> tomorrow hillary clinton announces her candidacy for president of the united states and i want a woman president. given our current president and all that we have been through i want someone who says what she means and means what she says. i want someone who understands and respects the judeo christian ethic upon which this country was founded. i want someone who cares about us, someone who cares about the american people.

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