So 46,000 prisoners are released in California because of prison overcrowding.  What's YOUR punchline?

Jay Leno is taking some heat right now for allegedly stealing a joke.  The Daily Caller says Leno told a joke on the May 26th episode of The Tonight Show that appears to be very similar to a joke told two days earlier by Andy Levy on the Fox News Channel.

According to, here’s a transcript of both jokes:

The Tonight Show with Jay Leno, May 26th
Jay Leno: “Bad news for the state of California. The Supreme Court will force the state to release something like 46,000 convicts because of prison overcrowding. But the good news -- it looks like the Oakland Raiders will have more season ticket holders. Yeah, so the stadium will be packed.”

Red Eye, May 24th
Andy Levy: Supreme Court orders tens of thousands of California prisoners released. This actually might help the Raiders start selling out their home games again.

Hosts of the Red Eye show on Fox blame Jay's writers, not Jay himself. 

What about the thousands of other people who may have had the same silly thought?  It's hard to prove something is stolen when you and I could have had the same idea.  And the joke isn't even that funny!  Let it go!