00:04:58.160on the midterm elections. Give it a try by using code MEGAN KELLY or click the link in the
00:05:02.760description. New users get 25 bucks free when they trade 25 bucks. The House and Senate presenting
00:05:09.240two very different challenges for Republicans. Democrats needing only a handful of additional
00:05:14.280House seats to win the majority, while the Senate map requires them to compete in several states
00:05:18.920President Trump carried comfortably in 2024. Among the most closely watched contests, Texas,
00:05:26.020where Democrat James Tallarico is challenging Republican Ken Paxton. The final Real Clear
00:05:31.440politics polling average showing Tallarico ahead by two and a half points, despite President Trump
00:05:36.600carrying the state by 14 points just two years ago. A New York Times-Siena poll released Sunday,
00:05:42.940putting Tallarico ahead by seven, although Texas polling has underestimated Republican support in
00:05:48.440previous elections. Michigan presenting another major test as Democrat Abdul El-Sayed and Republican
00:05:55.200Mike Rogers compete for the seat being vacated by Senator Gary Peters. El-Sayed leading by nearly
00:06:01.720five points in the Real Clear Politics average, although Republicans are hoping to capitalize on
00:06:06.780divisions within the state's Democrat party. A Republican victory in Michigan would force
00:06:11.760Democrats to pick up an additional GOP-held Senate seat elsewhere in order to gain control.
00:06:17.680The remaining battlegrounds stretching from Maine, where Republican Senator Susan Collins
00:06:22.360faces Democrat Troy Jackson, to Kansas, where Republican Senator Roger Marshall is defending
00:06:27.740his seat against Democrat Adam Hamilton. In Alaska, former Democrat Congresswoman Mary Peltola
00:06:33.740challenging Republican Senator Dan S. Sullivan in a race where the real clear politics average
00:06:39.580shows just one point separating the candidates. Of course, there's that pesky, fake Dan Sullivan,
00:06:46.140Daniel J. Sullivan, also lurking on the ballot. The first polls beginning to close at 6 p.m.
00:06:51.840Eastern in portions of Indiana and Kentucky, offering an early look at voter turnout and
00:06:57.000potential shifts toward either party. By 7 p.m. Eastern, polls close in Georgia, Virginia,
00:07:02.960South Carolina, and most of Florida. Florida providing one of the earliest indicators of
00:07:07.860the national political environment, as election officials typically count ballots relatively
00:07:12.340quickly. According to Axios, competitive house races in Virginia and South Carolina could provide
00:07:17.980early evidence of whether Dems are making significant gains in Republican territory.
00:07:23.340At 7.30 p.m. Eastern, polls closing in North Carolina and Ohio, two states featuring important
00:07:29.480Senate contests, and the governor's race in Ohio is interesting too. Then at 8 p.m., Maine's closely
00:07:35.960watched Senate race between Susan Collins and Troy Jackson coming into focus alongside competitive
00:07:41.780House contests in Pennsylvania. Most polling places in Michigan, Texas, and Kansas close at
00:07:47.620that hour as well, three states featuring some of the night's most consequential Senate races.
00:07:52.740By 9 p.m. Eastern, polls closing in Iowa and Wisconsin, along with the remaining precincts in
00:07:58.320Michigan, Texas, and Kansas. And Alaska, among the last battlegrounds to report,
00:08:04.460most polls there remaining open until midnight Eastern time. One of the biggest questions,
00:08:09.500whether Democrats can turn dissatisfaction with President Trump into victories well beyond
00:08:14.500traditionally competitive districts. The New York Times identifying the possibility of a
00:08:19.380substantial Democrat wave while cautioning that even a strong national showing may not be enough
00:08:24.800to overcome the Republican advantage in deeply conservative Senate battlegrounds. The final
00:08:30.600results may not arrive tonight. CBS News reporting that Alaska's ranked choice voting system could
00:08:37.080delay a final outcome until November 18th, while exceptionally close races elsewhere could take
00:08:43.160additional days to resolve. A Massachusetts judge weighing whether to bar a second murder
00:08:50.340trial of Lindsay Clancy following a contentious hearing yesterday over the handling of the lone
00:08:55.760holdout juror in her first trial. Clancy accused of strangling her three young children, five-year-old
00:09:02.040Cora, three-year-old Dawson, and eight-month-old Callan with exercise bans inside their Duxbury
00:09:08.100home in January 2023. The 36-year-old mother acknowledging that she did kill her children,
00:09:14.720but maintaining that she was suffering from postpartum psychosis and could not be held
00:09:19.100criminally responsible for her actions. Prosecutors arguing Clancy understood what
00:09:23.780she was doing and knew it was wrong. Her first trial ending in a mistrial in September after
00:09:29.120jurors deadlocked 11 to 1 in favor of finding her not criminally responsible. Clancy's attorneys
00:09:35.980now seeking to have the charges dismissed altogether, arguing that another prosecution
00:09:40.240would violate constitutional protections against double jeopardy. The jury foreperson submitted
00:09:45.960two notes during deliberations alleging that the lone holdout juror refused to follow the law
00:09:51.820on reasonable doubt. Defense attorney Martin Weinberg arguing Monday that Judge William
00:09:56.920Sullivan should have investigated those allegations more thoroughly before declaring a mistrial.
00:10:03.000Weinberg contending that further questioning could have established grounds to remove the juror
00:10:07.120and allow the remaining panel to continue deliberating rather than ending the trial altogether.
00:10:12.660I would respectfully say, Judge, that there was a viable alternative here.
00:10:19.780That viable alternative was a probing voir dire.
00:10:23.500One of the potential outcomes was a discharge and the continuation of deliberations.
00:10:28.840And we simply can't superimpose on these notes what the Commonwealth asked you to superimpose, that these notes were some euphemism, that's their word, for mere disagreement on the jury.
00:10:41.960Those juror notes said a juror's not following the law.
00:10:45.860I respectfully request that, Your Honor, not only consider, but grant the motion to dismiss.
00:10:52.600Prosecutor Jennifer Sprague maintaining that the holdout was entitled to disagree with the other
00:10:57.480jurors and that his dissent did not amount to misconduct. Sprague challenging the defense's
00:11:03.240reliance on media interviews conducted after the mistrial, during which several jurors accused the
00:11:08.760holdout of disregarding the law and refusing to meaningfully participate in deliberations.
00:11:14.640The holdout himself disputing those accounts in interviews and statements,
00:11:18.100insisting he never had reasonable doubt about Clancy's criminal responsibility.
00:11:23.080Sprague arguing that Judge Sullivan's decision to declare a mistrial
00:11:26.440must be judged solely on the information available to the judge at the time,
00:11:31.460rather than competing accounts post-trial.
00:11:34.580Any post-trial news reports concerning the jurors are completely irrelevant.
00:11:39.560As the court is aware, whether or not there was manifest necessity
00:11:43.380has to be determined by what the court knew at the time,
00:11:46.540and not anything that was said or exposed later on in the media
00:11:50.920and said by people when they were not under oath or not in a courtroom.
00:11:55.440Your decision to declare a mistrial should be assessed based on what happened here in this courtroom.
00:12:02.960Allowing post-trial accounts to affect the analysis would, in Reed,
00:12:07.080and I quote, would create endless confusion and controversy, end quote,
00:12:11.140in cases where a mistrial had already been declared.
00:12:13.320It is clear from the record that this juror did not refuse to deliberate.