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porter wynn of six police officers charged in connection with freddie gray's death. he is facing several charges including one foreman slaughter. for manslaughter. they still couldn't agree. now a possible retrial looms. that comes as the grand jury indicts the expolice officer for a death in 2014. he is facing six counts of first degree murder. that's up from the single ordinarily charge of murder. he shot him 16 times at close range. and the secretary of defense used a personal e-mail account saying he used the account when he began working at the pentagon. in a statement he said the secretary knows p is a mistake to use a perm -- a personal e-mail account. and it was a not so friendly welcome at a campaign event. he was punched in the face while speaking to a larnl crowd. large crowd. shortly after he was seen walking out of the event. reporters asking in spanish if he was okay and he responded he was very well. and the burial mask of king tut is on display for all to see. the mask was knocked off by a museum employee more than a year ago. it has been under restoration ever since. egypt's antiquity's manager says it was a success. oh to be the boy king. i'm will carr and now to the best overnight show on table television, "red eye." >> welcome to "red eye." i'm tom shillue. >> huge news. >> what's that? >> the feds raised interest rates a quarter poimt. >> what does it mean? >> no idea, tom. >> let's welcome our guests. remember when the song "don't worry, be happy" was a hit? she was born after that. i am here with joanne nosuchunsky. why does he look like he looks down on you? he doesn't need a reason. the editor this chief matt welch. she is a triple threat. she threatened me and andy and tom kodder tonight. tonight's show is brought to you by the letter o and the beverage latte. that is the most inside joke we have done. lea start the -- let's start the show. we begin with the final gop debate of the year. tough talk met tougher talk. the debate was held in las vegas. here are the candidates arriving at the venetian hotel and casino. >> wrong tape. they were obviously democrats. >> the microphone picked some of their conversations up. the focus of the debate was foreign policy and the candidates were cloar about what we should do about isis. >> destroy isis. >> kill the terrorists. >> utter ledee stroy isis. >> it is a clear war on isis. >> we need to destroy isis. >> destroy isis. >> create a strategy to destroy isis. >> utterly and completely destroy isis. >> sphrat -- strategy to destroy isis. >> we ought to hunt down our enemies and criminal isis. >> frankly we need to punch the russians in the nose. >> tls the russians we have to punch in the nose. tom, who won the debate? who ran away with it? >> i think the american public ran away with it. i thought they did a good job and people got their message across and switched allegiance. >> why would that be? >> people came with strategies and god bless donald trump, but you can't plead the fifth on certain issues and being willy nilly with your responses. you need a plan and a concrete idea. >> an interesting general answer you gave that the american people want. you don't want to name a candidate you thought did well at least? >> i had trouble visioning cruz as a bad ass. he reminds me of the guy you shove into the locker. when he says uh blight rate these people, i laughed at that. he gained a you lot of points with people. >> cruz is growing on you, right? whole attempt to steal the time from the moderators. let me get in. >> he wouldn't stop talking. he just kept going. >> and then when he gave up he did the little smirk like i tried. i almost have to give you respect for trying at least. like you said i am not getting the bad boy persona. what is great about this debate is it really set apart because it was about foreign policy and terrorism and establishment candidates from nonestablishments. those who are establishments ought to noah lot more about policy and plans and how to destroy isis and how to actually make effective, i don't know, changes. while i think trump quells a lot of people's fears just by saying the blanket statements it is emotion and he gives emotional answers, but there aren't details there. now people are trying to decide if they want details or emotion. >> i feel like, matt, it is brilliant to speak in general tees. i think voters go with gut and that's why trump does so well. >> it doesn't matter what trump says. trump could go tomorrow and say we need right now camps for people who wear sleeveless dresses. >> it doesn't matter my impression was the exact opposite. i think the clear loser was the american people. i feel like i lived in the lousest country in the world. >> they said my god the terror in l.a. is things we want to hug our mothers. >> we are panicking in this country right now. we are losing our chiz. he said we have to destroy isis before isis destroys us. isis will never destroy the united states of america. when we will have the confidence in what we do. i felt like i was watching this hysterical show of people who have a flimsy grasp on what exactly happens in the world and even the smart people have a flimsy grasp. ted cruz saying we somehow gave up egypt and that we destroyed mubarak. it does -- it doesn't make any sense. i don't have a relationship with what the people are talking about. >> and nor are you scared. he is a libertarian. libertarians are not scared. they are worried about one thing. you are worried about libertarian stuff. >> weed. >> then i'm a libertarian. >> it is like the patriot act and invading iraq and stupid crap and now everyone realizes it is stupid so let's not do more stupid crap. >> women want security. i watched adele instead. i talk to you guys and i can see what i should be looking for and i am not into the libertarian crap. >> do you believe they are fear mongering? >> definitely. i don't think they are fear mongering, but they play on that with us. you have to have an angle. >> there you go. you have to have an angle. >> the thrill is gone or maybe it is not. chris matthews doesn't want to talk about his infamous 2008 comments about covering barack obama and it gave him a thrill up his leg. here is the media research center asking about it on tuesday. >> we just want to know quickly how is your leg? >> what leg? >> is the thrill in the leg? >> go to hell. leave me alone. >> is the leg okay? are you limping? did the thrill go away with surgery or did it go on away on its own? we are rooting for you. >> go have fun. >> the laugh at the end. that's a plus trolling. matthews does not want to talk about old history. he wants to focus on the present. >> is donald trump honest when he says is barack obama a legitimate president? >> that was matthewsent viewing -- matthews interviewing trump? >> i knew you would ask that question. you know what i say? i don't talk about that anymore. >> get to -- you get the answers you lib. >> he is a professional. i don't answer because you know what. if i do that's all people want to talk about. >> you will have to answer it at the general election. >> i don't answer that question. >> so much blonde hair in that shot. should a guy have to answer a question from another guy who doesn't answer old questions? >> i don't know what you just said, but i will say this. i don't understand why he asked him in third person. is donald trump upset? >> he wanted to make sure he knew what was talking about. >> i think trump dropped the ball. he could have cut matthews off by saying the leg crap. the leg obviously upsets moot -- matthews. >> he is sensitive about the leg or is he? do you think he into you what he was talking about? >> i don't think he did. it is funny and accurate to criticize chris matthews for that. the delivery from the mrc guy, you have to bring a better dead pan game. he was smirking halfway through. you know, you have to be professional in that moment and i don't think he was very professional. matthews is a classic example of what goes wrong when a network like msnbc goats from being newsy to being the lean forward and we will all be on the scene. he is like, cool, gloves off. the stlil -- the thrill is up and down my leg. he is ranting about the tea partiers. he was better in the more constrained news role. of course he should ask donald trump the question. he is a birther running for president. that is a more important job than being an msnbc host. >> he said if i answer that question that's all anyone will talk about. >> i don't buy the excuse. >> i thought trump handled himself beautifully in that moment. he didn't feel like answering it. he said no thank you. and right before chris matthews asked the question he said you don't have to stay, but i have one more question for you. he was pulling him in and trump is being the nice guy. i don't think that is fair. he wants to move on and focus on the real issues and it would have been great if trump said go to hell like chris matthews did, but he didn't. >> why can't you do that, tom? if you don't want to -- if you want to put that behind you and you don't want to talk about if, just say i don't want to talk about it. he did, he pled the fifth. he wasn't born in kenya, obama wasn't. >> did he say he was born in kenya? did he say what's going on here? you would think he was born in a cotton candy machine if you look at his head and he said do you have the thrill up your leg? he should have said no i'm just glad to see you. he dropped the ball though and didn't say that. >> the thrill comment he is famous for it. next topic, photos on the interett in reveal russian president vladimir putin is possibly i'm immortal. if you believe certain conserve see websites and i do. the photo shows putin in 1920 and 1941 and 2015. it is an unexplained phenomenon. supporters of the thesis have launched a story that their president is a mythical creature that resides on our planet for hundreds if not thousands of years. but is putin alone in being immortal? we did some digging and found st raise a lot of questions. the photos appear to show fox's own todd starn over the years. we reached out to todd starn for comment, but as usual he has not responded. joanne, what is your theory on putin and todd starns? >> he is truly one of a kind. and putin is a mythical creature. >> he does look well on a horse. >> i mean relative, right? the blood line in russia is i guess great. those jeans carry on throughout the year. there is no way. i do love those wacky websites that claim these crazy things. it is a lot nicer than the stuff going on in the world presently. there is no way. >> he does seem mythical. first do you think it was real or doctored? >> an analyst looked at this and said there is no way. they were photographed with their shirts on. it is certainly not him. brad pitt signed a movie about an immortal putin called benjamin putin. >> i didn't know that. >> they like putin. they are making him into a living myth anyway. >> he is a vampire. look at the pictures. it tells the story. i think he has a ukrainian leader strapped to a lawn chair and he sucs the blood. i believe that. absolutely true. do you think putin has gotten botox? >> >> oh yeah. he has had work done. >> and then i think it is not true because if you are immortal, you are not getting plastic surgery, right? >> you may get fillers. >> what are fillers? >> the fillers are injectables you get to smooth out the lines. are you kidding 500 years of doing this? >> even if he had work done he is still in great shape. matt, you have to admit that. >> no i don't. he is russian. we didn't win the cold war so screw vladimir putin and screw russia. >> coming up, vegetarians are destroying the planet. a special moment with tom next. i have long been suspect of my self-vegetarian friends. they are always telling me my three steaks and 15 eggs a week diet is bad for the planet we share. but i have been out on the road and driving behind trucks filled with lettuce and cucumbers and say this can't be worth the gasoline they are burning to transport this stuff. now some have proved my dashboard theorizing. researchers found that many fruits and vegetables take more energy to produce. if they were to switch their diet to the dietary recommendations it would result in a 38% up crease in energy use and a 10% bump in water use and an increase in greenhouse gassy missions. lettuce produces more greenhouse gas than bacon. forget the iceberg salad. have a bacon salad with parsely sprinkles on top. eat for yourself and not the planet. that's a convenient truth. >> matt, blt and hold the lt? >> bugs. >> bugs? >> that's the future. if you really care about the planet you will eat bugs. everyone can make bugs. you don't have to ship them across. if that's what you want to do eat insects. is it a powder you can put in your shake? >> that's not so tough. i want you to eat a bowl of bugs. >> you can do that too. that's an option. get on the internet. the bug consumption is shooting through the roof. >> there was an old woman who swallowed a fly. i don't know why she swallowed a fly. perhaps she will die. >> i was going to give you the perhaps she'll die thing. >> she actually swallowed more things than a fly. she was a big meat eater. >> look, what do you think? >> what do you think of my theory? i have long said you eat wieners. >> that's none of your business, but yes i do. have them come aboard. orthodox jew don't like to eat bacon. my grandfather is a vegetarian and he emits terrible emissions. >> are you having a break down? >> i love vegetables, but to me they are a sidedish. >> anything with bacon i am a fan of. >> bacon candles? >> bacon scented. >> put a wick on it. done. >> that's a catch phrase. >> my mom will watch this and say that's why you are putting weight on. >> we have the scientific day tau to prove they are full of bologna. and then by this logic michelle obama is hurting the environment with her vegetable gardens. she is encouraging the growth of the population who doesn't care with -- care about the environment. >> we have to think about doing what is best for our body and what is best for the earth. i don't know. i will eat a blt and ponder it. >> something tells me you are ending this with let the market subside. >> i wasn't going to, but i think we should let the market decide. >> well done. >> we were hearing that we were running out of food for years, but we learned how to replace the food supply. >> they are figuring out how to make wheat productive and it is the greatest thing to lift people out of poverty. we are supposed to have peak oil, remember that? oil is down like 30 something a barrel. we have nothing like peak oil. they are great at ingenuity. the whole notion of you have to buy super local foods and all of this stuff, it is a madness. eat what you want. >> get yourself a pick up truck and fill it with hamburgers. coming up, half time with andy levy. buckle up. live from america's news headquarters i'm will carr. defense secretary ash carter on the defensive. this after he used a personal e-mail to do his government business during his first month at the pentagon. the paper was able to obtain the work messages that carter sent or every ared from his private account. he tells the time and the secretary admits it was a mistake. a baltimore judge will meet with prosecutors and defense attorneys to discuss the fate of william porter. porter is the first of six police officers to stand trial for the death of freddie gray. the case lead to a hung jury yesterday and now they must decide on the potential for a retrail. in the meantime. porter remains suspended without pay. gray died officer suffering a broken neck while riding in a police van. the fbi is explaining why the two terrorists who unleashed a deadly attack in san bernadino earlier this month sliped under the radar. investigators say the couple never openly posted on-line messages about their extremist views. so they never came under surveillance. >> this is private messages back and forth like any of us e-mailing a friend or family member. the government is intercepting that with probable cause and a court order. if we know nothing about the person we have no presented location to do that in the first place. >> following the deadly attacks in san bernadino and paris, the majority leader mitch mcconnell said the senate may reopen the debate on federal wiretapping. the masacres have lead to second thoughts about limiting the nsa's authority earlier this year. president obama is set to meet tomorrow with the families of the victims in san bernadino now back to "red eye. >> welcome back. it is time to find out what we got wrong and what we missed from tv's andy levy. hi, andy. >> hi, tom, how are you? >> good, good. >> before we start, is your -- do you have your sweater tucked into your belt there? is that on purpose? i am wonder figure that's on purpose. >> you are going for the adam levine a-hole look? just asking. >> i have been putting my sweater behind my belt long before adam levine was ever on the scene. i did it when "don't worry be happy" was a hit, andy. >> wow. and can you explain thom kodder's intro? it was brought to you by the letter o and latte. the o-latte dog was the one who beat him in the talent competition. >> look, i'm sure our viewers appreciated the inside joke, but still i thought maybe you should should -- tom you said cruz reminds you of the guy who shoved you in the locker. he seems to me like the guy who would ask the teacher for homework for the week. the question is what would bruce willis do here? >> he tried and failed. >> the debate shows that it is often no more than the nonestablished candidates. >> what do you mean? >> you sound like a hater and a loser. >> you know, carly fiorina does have really great plans on foreign policy. maybe she is the one nonestablish candidate who breaks the mold. >> you take back what you said? >> sure. matt you said the clear loser was this hysterical show. even rand paul? >> rand paul was half great and half not great for my libertarian perspective. ted cruz was fighting and they went to raped paul and said this is your signature issue and hoe changed the subject and i decided to take a nap. >> i thought he went to him a lot and he had to do that. he gave voice to a part of the debate that theedz to be given voice to which is don't always freak out and rip up the constitution. there is a lot of unintended consequences. in his own way donald trump made honking noises. >> and cruz made those points in between carpet bombing. >> yes, that was odd. i know you didn't watch the debate. so let me ask you question as a comedian. jeb bush had -- everyone agrees it was a good line where he yelled at donald trump. then he repeated that. to me it riew -- to me it ruined it. it ruined the whole thing. your thoughts? >> it sounds like he was trying to be cleaver. if it is a call back i'm sure his handlers were like, no, it is supposed to be a spontaneous one. that means you don't say it again and again. after you watch the debate let me know if you think it was right. matt you said it is funny to crit -- to criticize like that. >> yeah, there is something bad. he should be asked about it nonstop. it is just the presentation of the asker left something to be desired. it was funny. >> you know, i liked matthews as the stiff arm there. >> that's a good impression. >> it sounds like you are buying the excuse if he is a legitimate president or not. . >> i think other politicians will have to buy this. >> the answer is if he is not an i will legitimate president. >> they probably talk about that too. i bet hillary will try this one. >> in this case it is clear that trump still wants to say that he is not a legitimate president. >> i think so. >> joe, you attributed the similarity and the looks to the blood lines. i think it is right. that is a classic look. >> maybe it wasn't manipulated at all. >> it could be a hoax, but it could be three people that look really russian. >> you said they are making a movie that says benjamin putin. just to be clear benjamin button which is the movie that the joke is premised on was not immortal. he was born old and died young. you are welcome to the joke correction. >> thank you very much. >> nothing is better than breaking the joke. who was it that said if you are immortal you won't have work done on your face. >> we were just dishing about it. >> i don't think you were in a position to know about that. vegetarian diet is bad for the environment. i enjoyed your atonement for sins. i can't help but notice you left information out of your speech there. the fact that unlike lettuce -- you made sure to mention that lettuce is bad for the environment, but the fact that vegetables like onions, okra, broccoli and brussel sprouts have decent environmental foot prints. >> you know, we are limited on time, andy. >> is that what it is? it was not you trying to make a point without putting in counter factual arguments? >> i think you are afraid of the truth. >> i don't think i am afraid. >> i like to accentuate the positive. if the vegetarians want to decrease their environmental foot print they should eat things like bacon. when you eat those things you die younger and when you die younger there is no more carbon. and you were pushing your bug protein fad diet. there is not as much protein in bugs as was first thought. i'm done. >> thank you, andy. coming u7, a wedding proposal brings traffic to a stand still. now here is what is coming up on the next "kennedy." >> hi there, "red eye" fans on the next" ken knew -- "kennedy" it is just like "star wars." 8:00 p.m. eastern and 5:00 pacific. a houston man has been charged with a misdemeanor after shutting down a highway to propose to his girlfriend. family and friends helped stop traffic on the i-45 freeway and 25 -- 24-year-old viadarres dropped to a knee. >> those sound like con grat law tore honks to me. >> he picked a dangerous spot because his girlfriend loves the view. he explains love makes you do stupid things and i want to do something big for my girl. they are not the first calm to get engaged in a dangerous location. they got engaged under water, wow. here is a couple on a high wire walk. and a muslim couple at a trump rally. that's not dangerous. he loves muslims. he has many friends. is this man a hero or an idiot? >> it's a compliment, right? >> of course. >> marriage is a metaphor for highway to hell so it is perfect they were doing that. what better way to tell a woman how important she is. you can make everyone else miserable. >> that's it. the family helped him. wasn't there anyone who said this is not a good idea. >> where was that? that wasn't manhattan. i feel like somebody would have said something. nobody has patience for that here. >> they stop traffic for a lot of weird things. not just the president, but movie sets. they are always shutting things down. >> some guy on a knee? you would have heard at least one don't do it! >> you know, you are a relationship expert, right? >> i really am. i have been in so many. >> he wanted to do something nice for her. >> i think you do stupid things and all of the traffic is coming and you are like, get up, idiot. never put a ring in a cup cake. >> i don't know why i am not married. >> he could have done it by the side of the road. they still could have seen the gorgeous view. >> when they were dating they stopped and looked at the view to the side. i feel like to recreate that first date would have been romantic and maybe safer? i think these huge public proposals are something i don't under. why do you want all of these people to somehow be affected by this moment in your life if you have never met them. if you want it to be public put it on instagram. don't do a whole huge thing that interrupts everyone's day. >> this is totally right. i think there needs to be a national sit down strike. the lady has to say no to these. >> don't put me on the spot. it is between you and me, tom. it is not between everyone in this room. >> that affects me. you are moving me. it is on the women. the men are goofy. women drive the men's behavior. >> he is in the middle of traffic and it is not a good time to say no. >> she said yes because she thought pretty soon it would be until death do us part. that's why she said yes. engaged lives matter. >> where and when did you propose? >> she proposed to me and she was serious the way she held the blade against my jugular. very romantic. he is facing misdemeanor charges. >> is he really? >> yes. i said that in the set up. we will be back with a bedtime story. coming up tomorrow on the next "red eye" joe mackey and sam morrell. sit -- sitting inside the plane is for losers. and now wind speed technologies has unveiled a new airplane design that puts passengers on top. and it is in a transparent bubble. the sky deck can be installed at a cost of $8 million to $25 million per plane. the company wanted a higher level of entertainment to reduce the bore dom of long flights. and the best part is passengers can retract the bubble if they really want to feel the wind in their hair. no that's not really true. let's see more of the video. look at the sky. yes look at that. it is like you are you can whatting on air. wow you would get sick of it pretty fast. what does that say about american culture? they get you up there in that sky view and then they pull out the tv. >> i know. we are add. you need a change of stimulation every two seconds. i have trouble sitting next to the fat sweaty guy on a plane. i don't want to sit under him. if you are a wing walker you never have to stand by anyone. as long as you are on top of the plane. this is the sign of the future, right? we know it will be the rich guy on the plane. >> not only that, but who wants -- i don't want to sit on the wing. anything is hitting the window. >> that's safe isn't it? >> no. my father said have you ever seen a plane back into a mountain? jay -- >> they never do that. anything sticking on top of the plane if anything is low you will get hit with it. it doesn't feel safe. >> i would like it, but i don't know. matt, i think 8 to 25 million? i know a couple of contractors. but they won't show up on time. >> i think this is incompatible with the vape ban on the flights. if you will be siting in that seat you will be wanting a little pen of something to smoke and relax. enjoy the view. >> once you get up there nobody is watching you. >> there are different rules. you know it will be a premium seat. >> definitely. and it makes you wonder can i sit through a virtual headset and get the same experience? that could be next. i love the window seat because i like looking down and seeing the ground and the -- not floor pattern, but the farms. all of the things on the surface of the earth. it is wonderful. i almost feel like they should do a bubble at the bottom. >> that's nice, a glass bottom. they want to make windowless planes and then put a cheaper reality. how does that feel? >> a coke can with wings. >> that feels like the tunnel at the detroit airport that people were having seizures and stuff from. that's horrible. >> i would be claustrophobic. >> a special thanks to joanne nosuchunsky. tom kadder and me tom shillue. see you next time. sak's, valentino. senators ted cruz and marco rubio go after each other a day after rhetorically duking it out in a primetime debate. senator cruz joins us, in moments. this is "special report." good evening, and welcome to washington, debate fallout on the campaign trail. while clearly fielding some incoming fire, donald trump was not the unquestioned center of attention in the republican presidential race. instead two men with strikingly similar resumés, senators ted cruz and marco rubio are playing up their differences. on two issues. i'll speak with senator cruz

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