The Megyn Kelly Show - September 05, 2025


DC Grand Juries Go Political Against Trump, MAGA and AOC Unite, New Space Race Begins: AM Update 9⧸5

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Lisa Cook Investigation Grows, RFK vs. Senators, and Bari Weiss CBS News Rumblings, with Glenn Greenwald Graham Linehan on His Arrest Over "Dangerous" Posts, and Media Refusing to Cover Brutal Charlotte Murder, with Rich Lowry and Charles C.W. Cooke | Ep 1143

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Length

18 minutes

Words per minute

161.69

Word count

3,026

Sentence count

219

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Misogyny

3

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2

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Hate speech

8

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Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

If you trespass into the Capitol, you go to prison. But if you assault a federal law enforcement officer, you don t get charged. A possible resistance effort exposed by a streak of rejected indictments by D.C. grand jury s. Attorney Mike Davis breaks it down.

Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
Topics generated with Qwen2.5-3B-Instruct.
Hosts, guests, and mentioned names generated with spaCy (en_core_web_sm), reconciled against Wikidata.
00:00:00.000 Good morning, everyone. I'm Megan Kelly. It's Friday, September 5th, 2025, and this is your
00:00:08.300 AM update. If you trespass into the Capitol, you go to prisons. But if you assault a federal
00:00:13.680 law enforcement officer, you don't even get charged. A possible resistance effort exposed
00:00:18.680 by a streak of rejected indictments by D.C. grand juries. Attorney Mike Davis breaks it down.
00:00:25.560 If Cortez told me the sun was coming up tomorrow, I'd probably, I'd go out and, I'd go out and check
00:00:30.100 it out. Cortez, as in Alexandria Ocasio-Cortez, teaming up with MAGA? We'll tell you what they're
00:00:38.260 working on. And the second race to the moon is on, as one former NASA official sounds a warning.
00:00:45.420 All that and more coming up in just a moment on your AM update.
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00:01:52.900 A grand jury will indict even a ham sandwich. So said New York State's famous chief judge Saul
00:01:59.820 Walkler years ago, but not if it's Trump's DOJ after the ham. Over the last week, a series of giddy
00:02:07.080 headlines celebrating federal prosecutors' failures to secure grand jury indictments in Washington,
00:02:12.680 D.C. as the Trump administration takes control of local policing. The Atlantic, quote,
00:02:18.540 Trump's crime crackdown isn't holding up in court. Reuters, quote, U.S. prosecutors fail three times
00:02:25.040 to secure indictment in FBI assault case. CBS, quote, D.C. grand jurors reject latest wave of Justice
00:02:32.980 Department indictment requests. In recent weeks, prosecutors have failed to get indictments at least
00:02:38.320 seven times across five cases. A grand jury even declining to indict the now-fired DOJ employee
00:02:45.560 who threw a submarine sandwich at a CBP officer, which we all saw happen on video. Such failures
00:02:53.340 exceedingly rare. Federal grand juries almost always hand prosecutors the indictments they seek.
00:02:58.540 We spoke to attorney and founder of the Article 3 project, Mike Davis, about what's going on with
00:03:04.880 the D.C. grand jury pool. I mean, it's extremely rare for grand jury proceedings to fail in normal
00:03:11.480 jurisdictions, but we're dealing with the District of Columbia that voted 95 percent against President
00:03:18.100 Trump. The District of Columbia that's full of criminals and bureaucrats and people who hate Trump. 0.93
00:03:25.700 They have Trump derangement syndrome. And so they would rather let their city go to hell, 0.99
00:03:32.100 our nation's capital go to hell, than be seen as supporting President Trump's law enforcement
00:03:37.480 crackdown that's making D.C. safe for all Americans, particularly for black D.C. residents in southeast 0.64
00:03:47.520 and northeast, for examples, who are the victims of this crime.
00:03:51.460 U.S. District Attorney for D.C. Janine Pirro instructing prosecutors to seek the maximum
00:03:56.440 penalties where allowed to clean up the streets and to deter future criminals. Critics calling
00:04:02.180 these failed indictments the result of the justice system going too far, a silent protest by D.C.
00:04:08.040 residents opposed to what some see as federal overreach. Davis noting the D.C. jury pool had
00:04:14.100 no problem indicting more than 1,500 people in connection to January 6th. Even those who simply
00:04:21.480 walked into the Capitol, took a look around, and then peacefully left were slapped with felony charges
00:04:27.340 so overreaching the U.S. Supreme Court eventually intervened to rein them in.
00:04:32.440 The Biden Justice Department politicized, contorted a post-Enron obstruction of justice statute dealing
00:04:41.320 with corporate fraud to go after their political enemies after January 6th. They persecuted Trump
00:04:47.620 supporters. They threw them in jail with pretrial detention before their trials. They threw the book
00:04:54.240 at these people. They ruined people's lives. They bankrupted them. People lost their families. They lost
00:05:00.880 their freedom. They lost their jobs. They lost everything after January 6th. Well, how the Biden
00:05:05.600 Justice Department and these D.C. judges persecuted these people is unacceptable. And they gave amnesty
00:05:12.340 to the much more deadly and destructive BLM and Antifa writers, right? So it's very clear that our
00:05:19.320 system in D.C. is so politicized. If you trespass into the Capitol and take selfies, you go to prison for
00:05:26.460 a long time after January 6th. But if you assault a federal law enforcement officer, you don't even
00:05:31.220 get charged. In order for the feds to bring criminal charges, a grand jury must agree there is enough
00:05:36.580 evidence to move forward. If prosecutors cannot secure an indictment, options are limited, though forcing
00:05:42.960 a defendant to navigate the legal system can be some form of punishment, Davis says. You have to indict
00:05:50.140 criminals in the district where the crime occurred unless the defendant waives that. That's part of
00:05:56.280 our Constitution. And so it makes it very difficult when the grand jury is not indicting criminals. You
00:06:02.440 can still bring misdemeanors against these people who are attacking officers. If the grand jury doesn't
00:06:08.140 want to return felony indictments, then charge these criminals with misdemeanors and make them go
00:06:13.400 through the process. And I would say that even if at the end of the day, these deranged juries are
00:06:19.880 going to find these criminals guilty, make these criminals still go through the process, make the
00:06:25.320 process the punishment. Team Trump is trying to make the nation's Capitol safe and secure. The D.C.
00:06:31.980 mayor, wary of looking soft on crime, just issued an executive order that will pave the way for federal
00:06:37.620 troops to remain there through at least December, leading to praise from the White House and to critics
00:06:43.360 calling her misguided. On Tuesday, D.C.'s Attorney General Brian Schwab breaking with the mayor,
00:06:50.240 suing the Trump administration in federal court, challenging the deployment of National Guard
00:06:54.600 troops. Schwab releasing a statement, quote, no American city should have the U.S. military,
00:06:59.880 particularly out-of-state military, who are not accountable to the residents and untrained in local
00:07:05.340 law enforcement, policing its streets. We filed this action to put an end to this illegal federal
00:07:11.140 overreach. Of course, the D.C. police union has already said they welcome the National Guard and
00:07:16.680 their help. According to Davis, the D.C. Attorney General is unlikely to succeed.
00:07:21.380 The D.C. Attorney General is suing President Trump because President Trump is deploying the National
00:07:27.520 Guard to help assist with crime in D.C. That is the president's absolute statutory and constitutional
00:07:35.120 power and duty to protect our nation's capital. When the corrupt local Democrat politicians refuse to do
00:07:42.720 their job and they allow crime to overtake our nation's capital, of course, the president,
00:07:48.860 who is the head of the D.C. National Guard, can use the National Guard to assist law enforcement in
00:07:54.560 putting down crime. I imagine that some local Democrat activist judge on the D.C. bench will rule
00:08:00.640 against Trump and it will have to get appealed maybe all the way up to the Supreme Court of the United
00:08:06.500 States. And the Supreme Court is going to side with President Trump on the use of the National Guard
00:08:11.600 in D.C. I have no doubt about that. Mr. Trump posted on Truth Social this week that carjacking in D.C.
00:08:18.640 is down 87 percent and that all other categories of crime are down, quote, massively. A poll from late
00:08:25.080 August, two weeks ago, shows just 20 percent of D.C. residents favored the National Guard troops in D.C.
00:08:31.840 One released yesterday, a national poll from The Economist slash YouGov, showed nationwide it's a
00:08:38.400 closer call. Forty nine percent of Americans oppose the troops in D.C. Forty two percent support the
00:08:44.220 effort. Coming up, strange bedfellows on Capitol Hill, AOC teaming up with some of the most MAGA
00:08:51.940 friendly Republicans on an issue we can all get behind. And the second space race is officially
00:08:58.900 underway. Does the U.S. have what it takes to win? Who's really on your side when it comes to your
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00:10:19.140 A rare crossover event on Capitol Hill. Fiscal hawks and MAGA stalwarts joining forces with
00:10:25.560 socialist Democrats and progressive liberals to push a congressional stock trading ban.
00:10:31.220 Among the bipartisan bunch, from the GOP, Chip Roy of Texas, Anna Paulina Luna of Florida,
00:10:37.860 and Tim Burchett of Tennessee. Democrats include AOC and Pramila Jayapal, among others on Wednesday
00:10:44.320 introducing the Restore Trust in Congress Act. Congressman Burchett, often a fierce critic of
00:10:50.320 his socialist counterparts, on the unlikely alliance. And I'm proud of all these people up here. I don't
00:10:56.420 agree with them. Some of these people on anything. If they told me, if Cortez told me the sun was coming
00:11:00.800 up tomorrow, I'd probably, I'd go out and, I'd go out and check it out. The legislation seeks to ban
00:11:05.800 members of Congress, their spouses, and dependent children from owning, buying, or trading individual
00:11:11.720 stocks and other assets while in office. Lawmakers would be required to sell stocks, options, futures,
00:11:18.260 and commodities shortly after being sworn in. Uh-oh. What will newly investment-rich Ilhan Omar and her 1.00
00:11:25.780 recently-a-millionaire investor husband do? And what about Nancy Pelosi, who raked in between $7.8 and 1.00
00:11:32.980 $42.5 million in 2024 alone, meaning her net worth with venture capitalist husband Paul could top $413
00:11:42.940 million this year, a $43 million jump from the year before, per the Boston Herald, thanks to very
00:11:51.040 timely trades done in Paul Pelosi's name. For example, the Pelosi's dumped 5,000 shares of
00:11:57.980 Microsoft, worth over $2 million last July, just months before the government announced an antitrust
00:12:05.720 investigation against Microsoft. Gee, what a call. Pelosi denies any wrongdoing. According to CNBC,
00:12:13.800 the penalty for violating the proposed ban would be a 10 percent fee equal to the value of the
00:12:19.500 investment and forfeiture of the profits. Lawmakers have been working for months to combine various
00:12:25.100 proposals into one piece of legislation, aiming to pressure leadership to advance the bill to a vote.
00:12:31.100 Democratic Congresswoman Jayapal on the strategy.
00:12:33.960 We know that sometimes what happens in this place is if there are multiple bills on a subject,
00:12:38.900 leadership that may not want us to move forward says, we've got too many bills,
00:12:42.800 we can't decide. So we did the work of negotiating with each other. We brought in experts to make
00:12:48.980 sure, including experts that manage money and know what the loopholes are that we needed to make sure
00:12:55.540 we're fixed. And I think we are doing the simplest thing that we can do in many ways. It is the simplest
00:13:02.740 thing that the American people want, which is to know that their member of Congress represents them
00:13:09.920 and not their own pocketbooks. Under the current law passed in 2012, lawmakers are prohibited from
00:13:16.820 using private information learned in their official capacity for personal benefit in the stock market.
00:13:23.160 Members of Congress must also regularly submit financial disclosure forms. Despite this,
00:13:28.360 many members of Congress across the political spectrum have magically seen their net worths skyrocket
00:13:34.600 after arriving in Washington. It doesn't seem like the system is working so well. The issue enjoys broad
00:13:41.980 public support. A 2023 poll from the University of Maryland finding 88% of Dems, 87% of Republicans and 81% of
00:13:50.380 independents in favor of a ban. Both President Trump and House Minority Leader Hakeem Jeffries have previously
00:13:57.160 expressed support for a stock trading ban. House Speaker Mike Johnson with a more reserved reaction.
00:14:03.160 See, there's a couple of different ideas on the table and we have to build consensus on that because
00:14:08.320 you've got to do it responsibly. So some of the ideas that have been put forward, I'm not in love
00:14:12.660 with the details of, but I mean, it's generally a policy of always favor, but we have lots of
00:14:17.440 different opinions on that in the conference and in Congress. So we've got to work through it. So
00:14:21.540 that's the intention. Congresswoman Luna telling reporters she is prepared to circumvent 0.97
00:14:26.340 congressional leadership if necessary to bring the bill to a vote. I sometimes feel like an
00:14:31.540 adjudicator in this job. So I guess I'll be the one to say that we've asked nicely for leadership
00:14:36.220 to put this on the floor. If they don't, I'm saying timeline is end a month. There's a discharge
00:14:42.240 petition prepared and ready to go. I think it's very clear where the White House stands on this. I
00:14:47.100 don't speak for the White House, but the president has stated that he supports banning this because
00:14:50.940 it is corrupt. Frankly, the fact that members are getting what plus 600% returns on their investments
00:14:55.860 is wrong. But more importantly, how could you ever be expected to represent your constituents when
00:15:01.100 you're clearly worried about your pocketbook? And so that's why we're here today. If the House
00:15:05.060 measure advances, it would still need 60 votes in the Senate, meaning bipartisan support is essential.
00:15:11.320 Let's see how they vote on this one.
00:15:15.080 The second space race is officially underway, this time against China, to see who will reach the moon 0.93
00:15:21.140 for the first time since the 1970s, with far more at stake than bragging rights. Transportation Secretary
00:15:27.720 Sean Duffy saying Tuesday on Fox News that the administration's goal is to put astronauts back on
00:15:33.920 the moon in 2027, following a mission in April 2026 that will send a crew to at least orbit the lunar orb.
00:15:42.740 That is going to be a mission, a four-man crew that's going to go out and around the moon.
00:15:46.560 Artemis 3 is going to be when we land back on the moon. We're going to stay for a longer period of time.
00:15:51.680 Anywhere from 8 to 12 days on the moon. The longest time in the past was three days. And again,
00:15:57.400 we're going to start sending payloads to the moon to start building our base camp. And then from there,
00:16:02.040 again, we want to get in the early 30s to Mars. And this is critical. What we learn on the space
00:16:07.960 station, what we learn on the mission to the moon is going to be critical to make sure we can sustain
00:16:12.740 life. It's an eight-plus-month mission to Mars. And then you've got to stay there, and then you've got to
00:16:19.320 come back. However, China has a head start. In the last five years, the Chinese making great
00:16:25.100 strides in space, becoming the first country to land a rover on the far side of the moon
00:16:29.680 and return samples. On Wednesday, the Senate Commerce, Science and Transportation Committee,
00:16:34.500 chaired by Senator Ted Cruz, holding a hearing on how America can win the race back to the moon.
00:16:39.560 The panel of expert witnesses warning China could seize the lead. Former NASA head under Trump 1.0,
00:16:46.760 Jim Bridenstine, putting it bluntly. It is highly unlikely that we will land on the moon before
00:16:52.960 China. The message was clear. If the U.S. is serious about beating China, I mean, we already beat 0.94
00:16:59.720 China, but I guess we're now racing for who can do it in the modern era? Anyway, it's going to require 1.00
00:17:06.500 more than lofty goals. Here's more from Bridenstine, retired Space Force officer John Shaw and CEO of
00:17:13.800 the Coalition for Deep Space Exploration, Alan Cutler. Here's what we don't have today. We don't
00:17:19.040 have a landing system for the moon. Such a grand strategy, which would unify and synergize our
00:17:23.940 national efforts, does not currently exist. The United States appears to trail China for the critical
00:17:29.060 final leg in space to the moon's surface, the development of a lander. We are significantly
00:17:33.740 smaller as a percentage of the federal government than we were back in the Apollo era. Both sides 0.90
00:17:39.700 of the congressional aisle pushing the White House to maintain NASA's budget, even as the
00:17:43.920 administration looks to cut spending across nearly every corner of government. Senator Cruz successfully
00:17:49.220 lobbying for 10 billion in additional funding for what they're calling the Artemis moon mission in the
00:17:55.260 one big, beautiful bill. Former associate NASA administrator Michael Gold says whoever gets there
00:18:00.900 first will have all of the momentum and the international support. We've had tremendous
00:18:06.260 success with the Artemis Accords. 56 countries have signed. The Chinese only have 13 for their 0.99
00:18:12.140 International Lunar Space Research Station program. But if we're not first, trust me, those numbers
00:18:18.860 will change. And the fear China will eventually outspend us in space. It's inevitable. We must out 0.99
00:18:25.980 entrepreneur them. The race is on. And that'll do it for your AM update. I'm Megan Kelly. Join me back
00:18:34.580 here for The Megan Kelly Show, live on SiriusXM Triumph Channel 111 at noon east, on youtube.com slash
00:18:40.240 Megan Kelly, and on all podcast platforms.