center fold of beards monthly. last month it was kelly preston. it is joe devito. his comedy album is now available on amazon and itunes. and he is more american than manifest destiny. a first time guest. concerned veterans for america ceo and fox news contributor. the lede. that's the first story. >> well, they opposite of nailed it. "rolling stone" apologized and retracted their story of an alleged gang remember at the university of virginia after an independent review called it a journalistic failure. the scathing report leveled the blame at the magazine from top to bottom. it found among other things that rolling stone didn't try hard enough to track down the man accused of orchestrating the assault and relied too much on the so-called victim jackie. here is one of the authors of the review. >> placing so much of the weight of the story on a single source. maybe it is semantics, but i wouldn't think of that so much as a matter of ethics and practice. it is bad practice. >> mean -- meanwhile the fraternity plans to pursuit all legal action against rolling stone. the chapter president said our fraternity and its members have been defamed. carrie, let's start with the obvious question. how has nobody at "rolling stone" not been fired over this? >> that's what i want to know. if it was a real journalistic outlet we wouldn't be asking that question. but putting the muppet on the cover and treating him like a rock star i am not surprised. i heard the fraternity did an assessment of the damages and what they could get. if it was $6 per reader so it is a total of $18. >> pete, welcome to the show. >> thanks for having me. >> great to have you. "rolling stone" called jackie the accuser and said, quote, she is a really expert fabulous story teller. sure. that may be true, but sbt it a -- isn't it a journalist's job? >> this was always a their are you tiff an argument in the form of fact. it was to find someone who had leak leanne unfortunate -- leakily, an unfortunate experience. there were facts or so-called facts on top and make it a fraternity gone wrong and off the rails. that's what it is about. if you look at the background she is dedicated to exposing sexual uh -- assault. not making it up in the process. >> in her apology the -- i don't want to say journalist, the writer said, quote, i allowed my concern for jackie's well being and my fear of retraumatizing her and her credibility to take the place of more questioning and more facts. so her problem was she just cared too much. >> she didn't care to pick up the phone and call a couple of people, but cared too much. some people say well, we still -- they say you can't prove it didn't happen. enough with this plan 9 [bleep]. we know. if you look at the list of -- by the way, this frees "rolling stone" to get back to the top 100 bob dylan albums of the past week. it is not even a he said-she said. >> there was no he. >> they never asked what he would say. i hate when they call her the victim because at best she was an accuser and now be know was a liar. everything she said was discredited. she lied about the location, time of the assault number of attackers and the injuries and the bloody dress of evidence, what her friends did after the assault. she made up quotes for them and wouldn't cooperate with the police. she invented people and mead up a haven monohan person and used somebody else's photo. she sent bogus text messages. >> when you say it like that out of context it sounds bad. >> when you look at that it is all of that against her and nothing on the other side. there are still people saying well this sort of -- it doesn't show anything other than how dangerous it is when you take a serious crime like rape and instead of turning it over to the authorities you have a reporter and these university kangaroo courts that deal with it. >> "rolling stone dwts" for some reason are not firing their editors but they will continue to write -- to work with the writer. >> i think they have to do that so that they seem like they are all a team. they are going to have to be if they file this suit against rolling stone. wouldn't you want to cut your losses? >> you're off the team. >> they cooperate fire her because it wasn't a pattern. like one enormous bombshell is not enough. >> they said it is not a matter of practice. when you practice and it makes perfect and that's the habit. i do feel bad for this fraternity. i think the fraternities are being villified. they are not painted in a good light. while they have philanthropies and they do a lot of good, but when you mix parties the sex and alcohol and there are instances like this. we should be focusing on that culture and making sure -- rutgers banned parties for the rest of the spring semester. i think that is a wise move. what can we do? >> most guys do join fraternities for t philanthropy. >> i should say that. >> do you think i should go to law school -- they will need an army of lawyers to start defending sororities going toward. there is an archaic institution in these left wing universities that just drink and play beer popping. beer pong. that's what the narrative is and you are seeing it more and more. >> wouldn't this drive it underground even more? >> it is going to be done somewhere. >> this is how badly "rolling stone" screwed up. people are feeling sorry for a fraternity. >> they should. no one has apologized to them. the author of the piece and i understand you say it could have a negative affect on someone who wants to report a future assault and of course it is your own fault but these are potential potentials -- there are actual victims who didn't do anything in this frat house. >> i think they did apologize. they did apologize to the frat, but this is a waist -- this is a waste of resources. and it is a waste of university resources. tuition dollars was spent on this investigation. >> and shouldn't the school apologize? >> theresa sullivan. it is easy to say it besmirches her reputation. all they had to say is these are serious charges. >> it was a faculty member who spoke to the "rolling stone" writer and gave this victim at the time who she thought was a real victim's name to her. she was facilitating that conversation and story even more. then you wonder if the school is concerned about the safety of the student or did they just want this article to happen? >> the guys in the frat house pay to go to that school too. one of the things you pay for with these ridiculous costs is the college experience they talk about. i think they have a right to sue them. this article is the most viewed article in the history of the paper. 2.7 million views. they should compute the ad revenue from those views and multiply it by the number of members in the frat house and then start cutting checks. >> and everyone else has apologized. the reporter still hasn't apologized to the frat. she mentioned them by name. it is one of the dead -- dedications that you should have done something wrong. >> who would trust her? if she calls you andy, and is like i am doing a story. can i talk to you? >> i would talk to her because i can say whatever i want and then say i didn't say that. you know what she did. you can't trust her. my last point saying jackie is a liar is not blaming the victim. she clearly lied. she should be called out for lying. i think "rolling stone" does president have a right to blame her for their shoty journalism. if your mother says she loves you, check it out. you never trust a source. that's what they did. the blame to me is on "rolling stone." >> i wish "rolling stone" could stop calling my mother. she answered the question. now to our next story. it is either the end of fred flinstone's work day or a hero wants to tell us more about government surveillance. on sunday nsa whistleblower get it, or free -- freedom fighter sat down with john oliver for an interview. take a look, people. >> how many of those documents have you actually read? >> i have evaluated all of the documents. >> you read every single one? >> i do understand what i turned over. >> the difference between understanding what is in the documents and reading what is in the documents -- >> i recognize the earn c. >> right because when you are happening over thousands of nsa documents the last thing you want to do is read them. >> good point, but can the nsa see oliver's [bleep]. >> the good news is there is no program named [bleep] program. the bad news is they are still collecting everybody's information including your [bleep] picks. >> >> can they see my [bleep n] >> some artist put in a bust of the current hero in a park. the four-foot tall snowden statue is made of bronze and was perched on top of a revolutionary war memorial bever being taken down by the forces. let's talk about the statue and then get to the oliver interview. my first question is can you account for your whereabouts early monday morning? >> i was always known as a talented artist. the figure he cuts how could he not be a form of art. >> carrie, you were saying before the show the real question is why aren't there more statues of edward snowden? >> how do you know i wasn't there? i am just saying. >> you're right. it was sexist of me to assume it was he and not you. >> i think it is ironic and can i use that word? hipsters are ironic. it seems so ernest. >> unless we are doing it ironically. >> so many levels. >> let's talk about the interview. >> i like to make statues out of butter for weddings. how is it they were able to nail the snowden statue, but the lucille ball statue they unveiled looks like -- there we go. >> oh my gosh! >> the border line vandalism where i love lieu sick looks psychotic. >> this is a serious answer. i think it is the glasses. you put the glasses on and you tell someone that is snowden. my point is it looks nothing like snowden and you see the glasses -- -- >> you put the glasses on lucy and she will look like slim pickings. >> it is interesting that it would take a comedian to do journalism where "rolling stone" couldn't pick up a phone. >> joanne, i assume the oliver interview caused to to change your mind? >> you can make me laugh. you can make me do anything. no. that interview was so funny. i don't watch john oliver's show, but now i want to. i thought it was brilliant. that's what makes it so funny. like you said he was asking the right questions. how has no one asked him this before. and to see him caught off guard was the best. >> i should have read all of them. i am no longer a hero. >> pete, that leads to a point. a lot of people and i think snowden himself was surprised that john oliver got contentious. >> his wife is actually an iraq war veteran. i knew her years ago. he is more inviesed personally in the dash darrin vested personally than anybody else. he talked about intelligence of al-qaeda in mosul and he looked at edward snowden and said what is the cost of that? you are revealing sources and methods in this process. how do you feel about that? edward snowden said yeah, that's a problem. oliver said no that is an -- [bleep] up. there is a beg difference between the idea of revealing what your government is doing and the reality is the fact and people and places that get people killed. >> i am more excited the fact you want us to keep. >> i thought it was brilliant. you know what i love more? he showed a clip of msnbc doing an interview with dana who was the intelligence chairwoman in the house. it was a serious interview about surveillance and all of a sudden andrea mitchell from msnbc cuts in and says sore reare interruptiing the interview. we just got word that justin bieber is getting arrested. john oliver's jaw drops. he interrupts that interest option ropings with a turtle humping. dash something we would never do on this show. can women be worriers? they don't think the women can do the job. earn p nell are concerned that the partner 4r50eders will lower training standards. they lifted the job in 2012 but gave the services time to bring women to the front lines gradually. one man required forces, quote, to operate in small self-contained teams many of which are in uh steer geographically isolated environments for extended periods of time. much like my life. pete, you were an infantry platoon leader in iraq. what is your take? >> it is totally obvious. it is what you expect them to say. they need to be at the tip top shape at all times. not able to deep with themselves, but the ramifications of anybody else. you are seeing a military that is more interested in social engineering than they are in war fighting. they are going to inevitably start to erode standards. they want that one female green better ray and the one female army ranger and the one female seal so they can put it on their chest. they are going to start ticking away at the standards. >> my main concern is the same concern that he brought up is the potential lowering of standards to allow women in. the defense department says it won't happen, should we take them at their word? >> it will be mood -- moot. >> i am iron woman too. >> nickname is iron chef. i did an article and they are looking into getting exoskeletons. >> joe, for combat jobs in the military, infantry, armor. as long as the physical standards report lowered, sure, why not? let women in. is special operations different? >> my expertise with the commandos comes from the repeat watching the movie commando. either find a woman 6-2 and 260 pounds of solid muscle can't you come up with the quips? that's an important part. if she is tangling over the ravine and she said remember i said i would kill you well i lied. and we are going to have a long conversation. it is the same when they tried to do it with the firefighters. if there is a standard that you are expected to do. if you are male or female you have to meet it. male or female will be a bad as woman and a bad as dude. if you are in a building some some person is not strong enough to carry you out i would say hey, i am in trouble here. >> one special option is the air force's night stalker, helicopter pilots. will you join or do you hate america? >> my eyesight is too bad. >> glass feet. >> that too? >> my scoliosis. most soldiers don't want combat jobs. if you are a woman who did wouldn't you want to be held to the seam standard. wouldn't you want to pass the same rigorous draining and tests as the men? >> no. >> coming up it can save you from a nuclear blast. did they pretend to be black time traveling baby nazi hunters. unfortunately it is not the new tarantino movie it is a new study. researchers from canada, germany and the u.s. asked people if they could travel back in time and prevent world war ii by killing baby hitler would they? would they cause short-term harm to cause long-term game. they said the end justified the murderous mean. women often chose to do nothing. one of the researchers suggested that women use more emotion making their decisions while men stick to logic alone. no word on whether she was crying when she said that. who wrote that? does it mean women are better than men and men are better than women? >> this is a dumb study. >> i. >> it has nothing to do with exzoe -- exoskeletens. >> it is dumb because it is something you would ask on the playground. >> we never do dumb studies. >> i do have to say as a woman and working in the hard sciences and looking at the data, women don't study the economics, physics. they choose not to study thinks from a hard science perspective. they look at things using emotion versus data. >> and they won't kill hitler. love ridiculous hypotheticals. mine is how far can key go? teenage hitler, baby mitt leer leer -- hitler, dad? >> go to planned parenthood and say abort this fetus. >> bin laden, there are a lot of people. the question is not would you do it, but how far on the chain would you go to prevent it? >> joanne would you act like the other woman in the study or are you more of a baby killing machine. >> if you don't have a baby you don't have to kill it. here is my problem. -- >> you could going in time and kill hitler's parents. >> i should mentor parents. they get three hype thet will cays. easy, kill hitler. the other two, if there a crying baby who will give it up? there is an innocent young woman and you could pimp her out so you can buy food. the others are a by product of their surroundings and you are offering them up on. them up. women whose job is to bear children will not be -- not job. i'm sorry. what was my point? >> going back to friday's show. >> women -- it is nature. they are naturally more inclined to -- >> nurturing. >> to save the babies. you could save six million babies. >> 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 to kill hitler. i would buy a couple of paintings to take the edge off. it is not that i disagree with the evilness but you don't know the long-term ram ma pho -- ramifications. it is the butterfly effect. the result of the flapping of a butterfly's wings qoo result in an ashton ciewch common -- movie. >> by doing that it leads to nazi germany. >> imagine you do that. >> and we wouldn't have a segment. >> i would going in time and become friends with hitler and i would be a cool jew and he wouldn't hate jews and he would have never become a nazi because he would say jews are pretty cool. >> and then putin because so many russians died there. putin wouldn't be in power either. >> a diplomat. would that be good? what kind of hack comedy promises should be turned into research. >> the thing with going back in time is i have looked at my own life. i either have to go back to the beginning, but let me go back to this morning. i feel like i could nail breakfast. it president can't be anything in between. >> it is like groundhog's day. >> if you could go back in time would killing hitler be high on your list? >> very high. >> do you mean that? >> then you think about it. here is a 1-year-old hitler who looks cuddly and nice and you won gear if you can reform him. >> you have a baby and the other is actually your daughter and your family is not being fed. do you allow her to go out and be a prostitute because the family will die? i would like to think i would smother baby. i'm just saying. >> i guarantee you that line out of context will be in tomorrow night's previously on "red eye. coming up fbi agents must now pass a physical fitness test. the feds are being to the same standards of fifth graders. >> tonight's sponsor is andy's brandy. you need andy's brandy. at 190 it is the only proof you'll need.r older brother got into med school by posing as a black man. he wrote about the experience for his anti-affirmative action book called "almost black" he sprains" in my junior year of college i realized i didn't have the grades or test scores to get into medical school, at least not as an indian-american. i knew admission standards for some my 40s were less stringent. he joined a black student organization and used his middle name jojo on applications. he was accepted at st. louis university. >> he did not apply to the programs as an indian-american student so how did he know the acceptance was based solely on race? >> i have a really bad pun. can i say it? >> sure. we candy leet it. >> he was doing the anti-bindy project. get it? it touches on an important topic in new york which is the bamboo ceiling. de blasio is going after asian students because they are disproportionately represented in high school. he does not like that. he wants to cut them and makes more for people. >> hoe wants to go back in time time -- he wants to go back in time. >> so joe he is now trading on the fact that he is mindy's brother. isn't that the real affirmative action here? >> i think we need to give him credit. he looks more african-american than elizabeth warren looks native american so at least he got a haircut. >> he can get -- you know what. if he wants -- it is amusing that part of his name he changed was not his first name. that's not exactly jackson. if he wants to identify as black who are we to say? if you want to identify with a different gender it is a personal call. there are these countries people come from and possibilities and if he identifies as black who are we to judge. going back in time aren't we either iranian nern or african-american. we have the shared same ancestry. >> we all have the tame. >> we wouldn't be here. >> but it is true. you look at the discrimination asian americans particularly chai nice -- chinese and korean face. why not? who is to say he was wrong? i. >> the other thing is this is how i look at this. basically if you accept what he says as true there is affirmative action which we know there is a separate uh dpicial tiff action but he didn't prove anything other than yes we have a thing called affirmative action. >> he did it in a ridiculous sense. that no one else has and he wrote a book. >> it is unfortunate but it is an an amusing story. my grades are not good. use him -- the reality show his numbers are larger than average. who knows if he got them even of in-- wonder did i get in? there is a stigma attached on both sides. it is legalized racism is what he are calling it. we are seeing more race in the pursuit of seeing no race. >> that's what claire rerns thomas -- clarence thomas says he wants to abandon affirmative action. apparently mindy is not supporting her sister. >> she is a great sister. tough love. her career doesn't need that. his big fight is anti-uh official high action. i am never for the anti. i believe they need to be fighting for something. what would be better is african-americans are born into an economical disadvantages unfortunately. the cognitive abilities are behind white peers. he should be developing programs within these communities for these black kids. your acceptance into a school is based on merit m it is unfortunate, but it is not. if you want to do something pro active and pro -- and go do it. >> i used mine today. it was to help others. >> the 2016 republican campaign and it is primary season. >> on to a more important story. our -- are emoji's i'm mass skew lating? the writer notes that they resemble the stickers adoring the notebooks of schoolgirls and adopted by tweens and teens everywhere. men would benefit from using a emergency more. it will help to con vein tone in text and tweets. war hero and you have your combat stars. are you using emojis? >> i have have ?iewsed emojis. i feel like not only does a piece of me dye which a wart of a are warrior died. >> i don't know, you end up using them and when other people respond you feel it is okay. it is a slow spiral. >> i would like you for my freedom. >> sad. >> carrie would you indicate a guy uses emoji? >> headquarters. it is questioning them? should they be reading the "new york times"? >> asking should grown menus emojis is that a question? >> i have never been in a situation where i thought you know what this cartoon graphic will say so much more than words ever could. i use the same emoji for everything because i am lazy. sorry your uncle died. cat whisperer. i have female friends who reply to everything, l-o-l. i am killing it with the restaurant directions. i don't uh preesh yeas the lol's. there has to be an emoji for that. >> joanne, do you like it when guys use the emojis? >> i am on the fence. literally put a fence up. not too often. they can sprinkle. >> in moderation. yes. >> you know what 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 are really -- no, i said that. i do a combination for i don't know. >> i got a funny story about lol . actually sms -- somebody the aunt did die and the mom september a -- sent a group text and said aunt milli just died lol. you ruined it. >> i didn't want you to go on for forever for something. >> oh. see and we have to go too. time to take a break. when we come back a performance from our musical guest. first here is what is coming up tomorrow on "kennedy." >> hi, friends, on the next "kennedy" your friend and mine. i will see you at 10:00 p.m. eastern and 7:00 pacific. it is the fox business network. we were below the 88th southern parallel. we had traveled for over 850 miles. my men driven nearly mad from starvation and frostbite. today we make history. >>bienvenidos! welcome to the south pole! if you're dora the explorer, you explore. it's what you do. >>what took you so long? if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. >>you did it, yay! the fbi now stands for fat body intolerant. for the first time in 16 years agents are being required to pass a fitness test. after 9/11 the bureau started focusing on cyber security and intelligence. the increased desk time and less physical activity was a bigger force. they want to changing that. in a memo obtained by the "new york times" he explained the lives of your colleagues colleagues and those you protect may affect your ability to run fight or shoot. i want the american people to be able to take one glance at you and think there is a special agent of the federal bureau. it will consist of sit ups push ups and runs. it will be based on age and gender. we were surprised the fbi didn't already have fitness tests. >> they didn't have one? nothing. no nick standard. no physical standard. >> i have the old files trying to solve the case. he doesn't need to run 3 u.s.00 meters -- 300 meters fast, but where to find him. i'm sure there are different standards to the guy on the field than the guy making coffee and looking through files. >> if your job is cybercrime does it matter if you are in fuel -- full shape? >> no. i am wondering at what pointh this is fat shaping for the women. >> i if you want to go undercover. >> you have to build up a tolerance. >> the director would i am starting to love because he said this, i want you to look like the squared away object of reference. i want the american people to take one glaps at you and say there is a -- i dig it. >> first thing he should crackdown on the memos being obtained by the "new york times." >> this is actually something they took a break from. the fbi used to have the medical tests and it was something y edgar hoover expired because he was gaining weight and he went to put on his control top pan tee host and they were hart. >> i think this is a good idea. you look at the secret service and they get plump and the next time someone climbs a fence they will be breathing heavy and waiving, somebody stop him! >> joanne would you feel less safe if you had to deal with an out of shape fbi agent. >> i don't feel safe with this. how do sit ups and push ups and sprints can save my life or a colleague's life. they need to recruit at crossfit for all of the flipping tires and the box jumping. i have seen way too many videos. i don't see it myself. >> they should be recruiting. it is the old it is the end 69 world, how will you safe -- can we put up the picture. i think they should all look like the guy on the "fast and furious" movies. couldn't that agent read? >> the fbi are not jumping over barriers. they are investigating and trying to connect dots. >> i would like to point out for the record 245hobbs is a smore agent that i was not able to -- >> the rock is still smart, that's all that cares. >> we are on the training. what are we doing? >> and i don't think it is too much to ask ask the standards are male agents 20 to 29 and have to do 29 push ups. >> in a row. you can't stop. not on your knees either. what if you hurt your arm? >> fair point. coming up, dicaprio island. send your varied yows to fox news.com/red eye -- send your videos to fox news.com/red eye. coming up tomorrow on the next "red eye" return appearances from brooke goldstein and tom codder. >> e block. last story. that's the last story. >> leonardo dicaprio bought an island. the "growing pains" guest star purchased 104 acres of land off the coast of belize which he plans to turn into an eco-friendly resort. 9 actor slash environmental lest told the "new york times" with the onset of climate changing there are huge challenges. we want the structure to into the just be an improvement, but a model for the future. let's face it, we can poke this whole thing for -- we can mock this whole thing for hours. if any of us got an invite to go to leo's island we would drop everything to get there. >> it is great he found an environmentally zone. the only way if he made it a dicaprio theme park. if you went there and it turns out they cree creating the shelter island. as you are leaving your ship hit an iceberg. >> i am digging that. that is what i was going to say. the fact that it is eco-friendly. nothing says you love the island than having to burn a ton of oil in your carbon jet. >> maybe he is taking a six-month steamship. >> it will be divided between those who have been to the island and those who haven't. >> i know you are. even if i have to work at one of the resort villas as the help, i will accidently get pregnant by a celeb. that's my ticket. >> would you do the same thing? >> would i buy an island? >> would you take a job there and accidentally get pregnant? >> excellent. >> we are on the way. >> i'm with you. >> would you go back in time and prevent leo from buying this island? >> i would try to and i would prevent him from buying it so i could buy the island. >> you could be cast in "titanic." i till cry. it is like emojis bike the frowning. that set it off. >> it is interesting that leo is being landlord and renting things out his home in california and now this eye -- island. maybe he is going to walk away from acting. >> he still hasn't won an oscar. >> has he not? >> it is sad. >> sad emoji sphais for him. >> i thought he would get one for him. >> very special thanks to carrie sheffield and joanne snow uh chin ski. that does it for me. i'm tv's andy levey and we will be back tomorrow night with a new show and a bunch offffff

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