Diddy Trial Twist About One Juror, Kohberger Plea Deal, Free Speech Under EU Threat?: AM Update 7⧸1
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Summary
Verdict Watch begins in the Sean Diddy Combs criminal trial. On Monday evening, News Nation correspondent Brian Enten reported that Idaho murder suspect Brian Kohlberger has accepted a plea deal in the November 2022 killing of four University of Idaho students.
Transcript
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Good morning, everyone. I'm Megan Kelly. It's Tuesday, July 1st, 2025, and this is your AM
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Update. Verdict watch begins in the Sean Diddy Combs criminal trial. Jewish and Israeli students
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were assaulted and spit on. They had their kippahs for fear of being harassed. The Trump
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administration finds Harvard University violated the federal civil rights of its Jewish and Israeli
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students and threatens to pull all federal funding from the Ivy League school. It's a huge, huge risk
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if the European definition of hate speech becomes the American rule for hate speech. A deep dive into
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a new European Union regulation taking effect today that could force American companies to
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censor American content that has nothing to do with the EU. All that and more coming up in just
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On Monday evening, News Nation correspondent Brian Enten reporting Idaho murder suspect Brian
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Kohlberger has accepted a plea deal in the November 2022 killing of four University of Idaho students.
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Enten reporting and Howard Bloom confirming to The Megyn Kelly Show that prosecutors will drop the death
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penalty in exchange for Brian Kohlberger pleading guilty to committing the quadruple murders and serving
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life in prison. The trial was set to begin in Idaho, August 18th. This Wednesday now, Kohlberger expected to
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plead guilty to slaying 20-year-old Ethan Chapin, 20-year-old Zanna Kernodal, 21-year-old Madison
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Mogan, and 21-year-old Kaylee Gonsalves as they slept in their beds. The Gonsalves family posting to
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Facebook, quote, it's true, we are beyond furious at the state of Idaho. They have failed us. This was
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very unexpected. Adding later a statement that reads in part, quote, prosecutors vaguely mentioned a
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possible plea on Friday without seeking our input and presented the plea on Sunday. Lataw County
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should be ashamed of its prosecutor's office. The victims' families were treated as opponents from
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the outset. We weren't even called about the plea. We received an email with a letter attached. Adding
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insult to injury, they're rushing the plea, giving families just one day to coordinate and appear at the
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courthouse. Who do they think they are? After more than two years, this is how it concludes. With a
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secretive deal and a hurried effort to close the case without any input from the victims' families
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on the pleas details. As of late Monday night, none of the other victims' families had publicly
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responded to the news. We are officially on verdict watch in the trial of Sean Diddy Combs. On Monday,
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the judge providing instructions to the jury before beginning deliberations. The judge laying out
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eight alleged acts for the jury to consider relating to count one, racketeering conspiracy. In order for
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the prosecution to secure a guilty verdict on that count, the jury must find that Combs, with at least
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one member of his alleged enterprise, committed at least two predicate criminal acts in a 10-year
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period. The eight possible acts the jury was offered are kidnapping, arson, bribery, forced labor,
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transportation to engage in prostitution, sex trafficking, witness tampering, and possession
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with intent to distribute drugs. To find Combs guilty of racketeering, the judge instructing the
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jury, they must find the enterprise impacted interstate commerce. Jurors must also find that
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the criminal enterprise continued in a substantially similar form from 2004 through 2024, and due to the
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five-year statute of limitations on RICO charges, the criminal enterprise must have continued past
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2019. The judge elaborating on each predicate crime, explaining, for example, that kidnapping only
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occurs if the victim does not consent, but consent, if given, can also be withdrawn. Former Combs
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assistant Capricorn Clark previously testifying to being kidnapped by Combs in 2011 prior to a
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confrontation with musician Kid Cuddy. Counts two and four charging Combs with sex trafficking by force
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fraud or coercion. Counts two relating to star witness and former girlfriend Cassie Ventura from
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about 2009 to 2018. The judge instructing the jury they must be unanimous on at least one specific
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instance of sex trafficking in order to convict. The judge also telling the jury they can choose how long
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they would like to deliberate each day, allowing them to stay later than 5 p.m. if they so choose.
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Not long after deliberations began, the foreperson sending a note to the court raising concerns about
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juror number 25. The quote, we have a juror, number 25, who we are concerned cannot follow
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your honor's instructions, end quote. Juror number 25 is reportedly a 51-year-old Hispanic man,
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a veterinarian, who said he has a PhD in molecular biology and neuroscience. He told the court during
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jury selection that he likes nature documentaries, operas, and hiking. He has a domestic partner,
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he said, who is a male graphic designer. The judge granting each side 10 minutes to formulate a
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response, remarking on each proposal, saying, quote, in large part, they are the same. The judge
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then sending a reply to the jury, quote, I remind every juror of their duty to deliberate and their
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obligation to follow my instruction on the law. With that instruction in mind, please continue
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deliberating. It remains unclear how the juror was unable to follow the judge's instructions.
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Then, just prior to 5 p.m., the jury's sending two more letters to the judge, one alerting the judge
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that deliberations would end at 5 p.m. that day, the other reportedly asking the judge if it counts
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as drug distribution when an individual asks for a controlled substance and the person hands it over.
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This lawyer's answer? Yes, it counts. While no one knows for sure, the question suggests the jury did
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not check not guilty on the racketeering count, at least not yet. The judge announcing that he will
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respond to their question after attorney input tomorrow and dismissing the jury for the day.
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We will bring you the verdict and all updates as soon as we have them.
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The Trump administration on Monday announcing Harvard University violated its students' civil rights.
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This, the latest move in a months-long effort by the Trump administration to crack down on illegal
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displays of on-campus anti-Semitism and on-campus ideological indoctrination. A Health and Human
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Services Office for Civil Rights investigation concluding that Harvard failed to address harassment
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of Jewish and Israeli students on campus in violation of Title VI of the Federal Civil Rights Act,
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which prohibits discrimination based on race, color, or national origin. Press Secretary Caroline
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Leavitt on Monday describing some of the investigation's findings.
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The majority of Jewish students reportedly experienced negative bias or discrimination
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on their campus while a quarter of Jewish students at Harvard felt physically unsafe. Jewish and Israeli
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students were assaulted and spit on. They had their kippahs for fear of being harassed and concealed
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their Jewish identity from classmates for fear of ostracization. Harvard campus was wracked by
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demonstrations, as you all know, violent protests that violated the university's rules of conduct.
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The demonstrations called for genocide and murder denied Jewish and Israeli students access
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to campus spaces. These are all facts that Harvard cannot dispute, and that's why the administration
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has found them in violation of Title VI and has threatened to withhold their federal funding.
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The Trump administration accusing Harvard of acting, quote, deliberately indifferent toward Jewish
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and Israeli students facing harassment. In March, President Trump's Department of Education announcing a full
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review of more than $255 million in contracts and more than $8.7 billion in grants. Since that review,
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the administration has cut off more than $3 billion, with threats of more on the way. It has also revoked
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the student visa certification, barring the school from enrolling foreign students. Harvard in return launching
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two lawsuits, one relating to funding cuts, the other relating to the visa program. Trump officials now
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warning, Harvard's failure to institute adequate changes immediately will result in the loss of all
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federal financial resources. A Harvard spokesman on Monday rejecting the Trump administration's findings,
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saying the school has taken steps to address anti-Semitism by strengthening policies and encouraging
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open and respectful civil discourse. Harvard University and administration officials have been
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engaging in direct negotiations as recently as this month. A formal notice of a civil rights
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violation like this typically precedes a lawsuit from the Department of Justice and could force a
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settlement agreement. Coming up, a new law taking effect in the EU today posing a significant threat
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to American free speech, even if you have no plans of ever crossing the pond.
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Beginning today in the European Union, a new, sweeping set of regulations takes effect under the
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Digital Services Act. These rules could force tech companies to censor content posted anywhere in the
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world, including from Americans with no connection to the EU. We spoke with senior counsel at the
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Alliance Defending Freedom, Jeremy Tedesco, about the threat posed to free speech in America.
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The Digital Services Act is a clear and present threat to Americans' free speech rights. It takes
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the EU's speech standards, which are very draconian, related to hate speech and misinformation,
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and it applies them to American companies that run online platforms. And it backs up those standards
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with billions of dollars in fines if the companies do not comply with the EU's perspective of what is
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disinformation, what is misinformation, what is hate speech. So now, with the code of disinformation
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becoming mandatory July 1, that means these companies are facing the actual consequence of
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6% of their global revenue being fined if they don't comply with the Digital Services Act and what
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the EU bureaucrats want them to censor online. And so it's a huge problem. It's really a tax on American
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companies, and a tax that is in existence to censor speech. Violations of the act carry up to a 6%
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penalty on global revenues from companies like Meta, Apple, and X, potentially amounting to billions of
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in fines. In January, free speech defenders rejoicing at Meta CEO Mark Zuckerberg's announcement
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that the social media giant was canceling its brigade of so-called fact-checkers.
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We're going to get rid of fact-checkers and replace them with community notes
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similar to X. Fact-checkers have just been too politically biased and have destroyed more
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trust than they've created, especially in the U.S. According to Tedesco, under the Digital Services
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Act, the EU is employing its own army of third-party fact-checkers to monitor for offending content
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across the globe. They basically delegate the responsibility for determining what is hate
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speech or what is disinformation to these third-party non-profits or NGOs. And we've heard
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a lot in the U.S. about how NGOs have been involved in this censorship regime, this censorship
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industrial complex. Well, that is exactly how the Digital Services Act is designed. Those trusted
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flaggers, as they call them, go to the companies and tell them, this content needs to be taken down,
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this content needs to be taken down, this is misinformation, this is hate speech. And the companies,
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if they don't comply with the trusted flaggers' recommendations, all those penalties, all the
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enforcement mechanisms of the DSA can come in and be triggered. Tedesco says the vast majority of the
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censorship will happen behind the scenes without most people ever noticing. These speech restrictions,
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you're not going to see them. I mean, every once in a while, you might see the tip of the iceberg where
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some DSA, you know, takedown mandate has resulted in somebody's account being suspended. Over 99% of the
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censorship that's occurring is occurring behind the veil. The DSA requires these companies to proactively
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mitigate against the speech that the EU thinks is problematic. Speech that is, again, fully protected under
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the U.S. Constitution. Speech they consider to be hate speech or, you know, disinformation. These are, you know,
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effectively are people's views about contentious issues of the day. And the EU is telling these
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companies, if you don't proactively mitigate, and what that means is writing algorithms, training their
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AI, and taking other measures to limit the reach of or eliminate speech from their platforms. But if the
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companies don't do it to the EU bureaucrats, you know, preferences, they can impose those 6% in fines
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on global revenue. The EU, Tedesco warns, has a far more expansive definition of hate speech than what
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Americans are used to, pointing to the case of one ADF client in Finland who was charged with hate
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speech for sharing a Bible verse on social media. A lot of what the EU thinks is hate speech or
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disinformation is fully protected speech in the United States under the Free Speech Clause of the U.S.
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Constitution. One of our cases, Pai V. Reisenden, is a Finnish parliamentarian. She posted a Bible verse
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about marriage, and the Finnish officials charged her with three hate crimes. And she's gone through
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two cases, one though, so far. Now she's going through her third case, simply for posting a Bible
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verse on X, Twitter at the time. And that wasn't a DSA-related enforcement effort, but that demonstrates
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to you exactly what members of the EU think is hate speech. It's you posting a Bible verse for, you know,
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all your friends online to see. And so it's a huge, huge risk if the European definition of hate speech
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becomes the American rule for hate speech when it comes to being able to engage in discourse online.
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Tedesco describes a number of options the Trump administration has in neutralizing the digital
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services acts threat to American free speech. Ambassador Andrew Puzder was nominated and
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recently confirmed as the ambassador to the European Union. So what we'd love to see is that
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the Trump administration tell Ambassador Puzder, you know, a big priority in your work in Brussels
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is going to be, you know, eliminating this extraterritorial effort underway in Brussels
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to regulate speech online globally. That comes in a lot of different forms. It can be diplomatic,
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it can be trade negotiations, it can be talking with member states who are objecting to the DSA,
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encouraging them to take advantage of their legal options.
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And that'll do it for your AM Update. I'm Megan Kelly. Join me back here for The Megan Kelly Show,
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live on SiriusXM Triumph Channel 111 at noon east, on youtube.com slash megankelly,