In this episode of The Megyn Kelly Show, Meghan previews the launch of the newest member of the M.K. Media Podcast Network family, MK. True Crime, a new channel built around a whole host of guests you know and love from the nearly five years Meghan has been on the show, including Mark Garagos, Arthur Idala, Mark Eiglarsh, Dave Ehrenberg, Phil Holloway, Ashley Merchant, Jonna Spilboer, and more.
00:00:48.700I have spent hours and hours preparing for today's show because it's True Crime Day
00:00:53.900here at The M.K. Show as we prepare for the launch of the newest member of the M.K. Media Podcast Network family,
00:01:01.640M.K. True Crime, our very first channel built around a whole host of contributors
00:01:06.400and the ones that you will recognize from the nearly five years of The Megyn Kelly Show and going back even further from my time at Fox News.
00:01:15.620I mean, when I was just a baby at Fox News and still named Megan Kendall, that was my first husband's last name,
00:01:21.340we launched Kendall's Court and some of the folks who are now going to be participating in the M.K. True Crime channel would appear regularly with me on that thing.
00:01:32.120I mean, we're going back to 2004, my friends.
00:01:34.860We have got eight of our contributors joining me today.
00:01:39.780There are many more who are going to join us on the channel, M.K. True Crime.
00:01:43.640It's basically just a podcast feed that you can subscribe to.
00:01:46.920OK, so we're calling it a channel, but it's just a podcast and you'll be getting their commentary on legal matters and hot cases.
00:01:54.700And when there are, you know, cases that are being tried live that we can watch, they'll have regular updates for you there.
00:02:01.480It's going to be twice a week feature to start. OK, but in any event, here's what to expect.
00:02:06.080A little preview here from our M.K. True Crime. Watch.
00:02:10.400Coming soon to the M.K. Media Podcast Network, M.K. True Crime.
00:02:15.640All right, let's get moving. We got to go.
00:02:17.480The FBI does not want you to be doing this interview.
00:04:24.580So joining me today, two of our OG Kelly's Court favorites, Arthur Idala, who's managing partner of Idala Bertuna and Cayman's PC and host of the Arthur Idala Power Hour.
00:04:35.540And also Mark Eiglarsh, he's a criminal defense attorney.
00:04:38.640You can go find him at speaktomark.com.
00:04:43.800Now they're defense attorneys and do some civil work as well.
00:04:47.380But before we bring them in and start talking about the latest cases, I want to bring you just an update on what just broke in the Jeffrey Epstein case in Congress.
00:05:04.460There's a couple of things because there's Epstein and then there's Russiagate.
00:05:07.440First Attorney General Pam Bondi has ordered prosecutors to start a grand jury probe in the Obama administration's role in the Russiagate hoax.
00:05:33.700And we are going to get to the Russiagate latest when Dave Ehrenberg joins us second hour.
00:05:40.460But we're going to start this hour with the latest on another update that just broke, not from Pam Bondi, but from James Comer, who chairs the House Oversight Committee.
00:05:52.340And has just subpoenaed basically every attorney general that ever was that's still living to come testify about Epstein and not just them, but Hillary and Bill Clinton, my God, and James Comey and Robert Mueller, both former FBI directors.
00:06:15.560On the ex-attorneys general, we've got everyone from Alberto Gonzalez, under George W., to Jeff Sessions, who was Trump's, Bill Barr, who was Trump's, Eric Holder, who was Obama's, Loretta Lynch, who was Obama's, and Merrick Garland, who was Biden's.
00:08:10.960Okay, so let me just put it all in perspective.
00:08:14.540So we have represented Ghislaine for probably the better part of two years.
00:08:19.120We wrote, submitted, and argued her case, her trial where she was convicted in the Second Circuit Court of Appeals here in Manhattan, of which we lost.
00:08:32.840And then my friend and colleague, David Marcus, he did the cert petition for the Supreme Court of the United States.
00:08:39.760And he has handled, down in Florida, everything that we've heard going on with conversations with Ghislaine and all of that stuff.
00:08:47.840I'll also tell you this, Megan, and you and I go back 21 years now.
00:08:51.780So, and I think you'll understand this, when I've had the, I don't even know, hundreds of conversations with Ghislaine Maxwell, like, I don't ask her, like, oh, what happened on the island and who was there?
00:09:04.560And it's really been all about her trial and how she was mistreated, like, where she was sleep deprived during her trial.
00:09:12.980She was not able to eat food because she, those kinds of issues, evidence that was allowed in, evidence that wasn't allowed in, all of it.
00:09:21.320And then, of course, there's this non-prosecution agreement.
00:09:24.080So people who are calling me, my friends in the media and all around the world are just like, what happened?
00:09:53.880With that being, you know, with that being said, I don't have, like, some magic information.
00:09:58.200I do know what what the legal focus is, is whether the court of whether the United States Supreme Court is going to accept her case where some states in the United States of America say that when a.
00:10:13.940Wait, wait, wait, wait, before you get to that, let me just set it up.
00:10:16.460OK, her appeal is based on, at least in part, what's going up to the Supreme Court, you hope, because they can take it or reject it, is she says Jeffrey Epstein, when he struck that plea heart or that sweetheart deal plea deal in 2008, that there was a non prosecution agreement saying you.
00:10:33.160The United States will not prosecute Jeffrey Epstein's associates in connection with these crimes that I'm pleading on, and he named four associates specifically, and Ghislaine, was she one of them?
00:10:49.620She wasn't one of them, but it had a catch all that seemed to suggest not.
00:10:54.720It was like these four, but not limited to these four, will not be charged.
00:10:58.880And so now you guys are saying this entire prosecution of Ghislaine in 2018, 19 was inappropriate because Jeffrey Epstein basically covered her with that sweetheart plea deal that he struck back in 08.
00:11:11.300The other side's disagreeing that that applies to Ghislaine, and they're also arguing the government, federal government right now, this attorney general's office is arguing, when we said the United States won't prosecute, we only meant the Southern District of Florida.
00:11:24.000We did not mean the Southern District of New York or any other U.S. attorney's office.
00:11:29.400So those are the two big things that are being appealed, and the Supreme Court's got to decide whether that non-prosecution agreement can be interpreted the way you guys are arguing or should be interpreted the way the government is arguing, and there's a split in the underlying circuits on the law.
00:11:47.120So just so people understand what that means, certain states of the United States of America acknowledge that Ghislaine should be covered under that, and other states say no, it only pertains to the district where the cooperation agreement is signed.
00:12:00.340And those are the types of the cases that the Supreme Court of the United States of America is supposed to take when different states or different circuits are contradicting each other.
00:12:10.160So they're supposed to be the tiebreaker.
00:12:11.980However, to be blunt, all of this notoriety around Ghislaine the last two months, I think, I've already said on your show, I think the chances of her being heard in the Supreme Court are diminished by her name recognition, and now that's even more so.
00:12:29.420Do you really think Chief Justice Roberts wants to get in the middle of the Jeffrey Epstein thing?
00:12:34.540They're having enough problems with their reputation.
00:12:41.000But also the question is, is this a large enough issue that affects that many people that the Supremes want to take on their docket, a very limited docket?
00:12:55.280I'm making deals in federal court every day.
00:12:57.720And when prosecutors say we're not going to do something, I don't think, well, wait a second.
00:13:02.740Do you work for a different government?
00:13:04.520Aren't you all under the same employer?
00:13:06.380You mean somehow, somewhere else, they could violate this agreement, this contract that you and I have?
00:13:13.140But that said, I don't know that the Supremes are going to think that this has that kind of far-reaching effect and take it on their docket.
00:13:19.460Just to make clear for the audience listening at home, just to just make clear, there's a split in the underlying circuits right underneath the U.S. Supreme Court on whether when the government agrees that it's not going to prosecute you.
00:13:29.960Like I was saying, it's agreeing for the entire federal government in all jurisdictions, or it's only agreeing in your jurisdiction that you currently have this legal issue in.
00:13:40.440And Ghislaine and Arthur are arguing when it says the United States will not prosecute, it means the United States government, period, in any jurisdiction.
00:13:48.680And there are some federal district or federal circuit courts of appeal that have agreed with that.
00:13:54.640But unfortunately for Ghislaine and Arthur, there's another set of federal courts of appeal that have said, no, it only means the one limited jurisdiction in which the criminal case at issue was brought.
00:14:05.180So this would be the kind of thing the U.S. Supreme Court might take up because it's its job to resolve splits in the circuits, but it only would take it if it's like a big enough case and the right case.
00:14:19.820And it depends on how sharp the split is, how recent the split is.
00:14:24.100And basically, it seems like this is not the best vehicle to get the split issue resolved, Arthur, that on top of the publicity of having it be Ghislaine Maxwell, the Supreme Court and John Roberts.
00:14:35.620Yeah, I agree with you. Probably won't want to touch that with a 10-foot pole. Go ahead.
00:14:38.820No, just so folks understand, when you make this agreement, when they made this agreement down in Florida, and Mark can attest to this as well,
00:14:49.060when you make these big agreements that really matter, they always tell us, the defense attorneys, well, this has to go to Washington to be approved by the attorney general of the United States of America.
00:15:05.660So it's like just the local prosecutor is saying this, and someone can say, well, how could a guy in Florida handcuff someone in Manhattan?
00:15:16.560And they can't. But the attorney general of the United States of America, who they all work for.
00:15:22.500Main justice can. And that was our argument to the Second Circuit. And I'll be blunt.
00:15:27.340They weren't buying it, like, for a second. Because in the Second Circuit, their position is, no, you can only handcuff whatever circuit you're in.
00:15:35.840Yeah. And the problem is, it sounds very fact-specific.
00:15:38.720In other words, Arthur has very unique facts, like, that it ran up to the highest in that department.
00:15:47.160And, you know, the Supreme Court, they're not going to get involved in something that just has appeal to this particular defendant.
00:15:55.000Well, and on that front, another unique thing about Ghislaine's appeal is, normally, it's the guy who signed with the government.
00:53:11.760John, a spill where you are one of those OGs I mentioned at the top of the show where we've been doing this now for 21 years together, my sister.
00:53:19.320So it's great to be taking our relationship to the next level.
00:53:22.100Uh, it's an honor to have, uh, I won't say the old and new, but, uh, long, long-term friends and newer friends all on board.
00:53:32.140And, um, this is, this case was tried for the defense by Mark's daughter, Tenny Garagos, who no matter what you think of Diddy and I, the audience knows I'm not a fan.
00:53:57.900You know what I can tell you is I sat and watched her opening statement, and I was in the, kind of the back right in the, where the family was.
00:54:06.540And all I could think of, I'll reminisce just a minute, was my father, who was also a homicide prosecutor, formerly like Matt, recovering when he was in partnership with me.
00:54:17.400And I was thinking he was one generation away from his mother escaping the Turks and the Armenian genocide.
00:54:24.280And here is his granddaughter giving this opening statement.
00:54:33.920I, I'm not one of those loons who can't separate the lawyer from the, you know, the person.
00:54:40.220It's like, it doesn't mean any defense lawyer is endorsing a person or saying anything whatsoever about whether the person did the thing or didn't do the thing.
00:54:48.960We need defense lawyers to test the system and make sure guys like Matt have to cross all their T's and dot their I's before they put somebody behind bars.
00:55:15.240He said, I'll do electronic monitoring.
00:55:17.260I, um, it's unusually dangerous in this detention center where I'm being held in Brooklyn and, um, other defendants who are convicted of my type of charges are usually released.
00:55:28.180I'm being like held to a higher standard here and, uh, said, you gotta, you gotta, you gotta let me out.
00:55:36.900No, uh, he said you, I'm trying to find the exact quote here.
00:55:43.240Basically what he said was you have acknowledged that you behaved badly in other ways here.
00:55:49.440You might have had traction with me in a case that did not involve evidence of violence, coercion, or subjugation in connection with the acts of prostitution at issue.
00:56:00.160But the record here contains evidence of all three, Judge Supermanian said.
00:56:04.800So Mark, I'll give you the first crack at whether the judge got that right.
00:56:07.640I don't think he did, and I don't want to put my daughter in an uncomfortable situation, but I, I think from my standpoint, he was charged with counts that had mandatory minimums.
00:58:10.880Once you separate out the emotion and everything that we saw Diddy do on that video with Cassie Ventura, he comes off pretty bad as an individual.
00:58:22.920It was his defense team that saved him.
00:58:24.480From a purely mercenary point of view, they did an outstanding job.
00:58:30.800I think that, you know, what Diddy is going to deal with in this sentencing and also for this bail review is one of the things that nobody's talking about, Megan, is we got to go back to when he was using other inmates' calling codes to call witnesses in the case, supposedly.
00:58:52.260And if you remember back during one of the very first bail hearings, he was doing that, and that is the type of thing.
00:59:01.680There's an old adage here in law school.
00:59:03.140The second most powerful thing to God on earth is a federal judge, and that is a lot of judges will take a personal affront at that, and that's, I think, where he really screwed up.
00:59:14.400I think that when the prosecution came out and said he's looking at more time, so he poses a flight risk, it's just like it makes me cringe.
00:59:26.140But where they hung their hat or where they should have hung their hat is danger just based on the fact that he is such a prolific domestic violence dude, you know?
00:59:37.760And I'm sure he could keep it straight until sentencing, but it also indicates potentially he's looking at a custodial sentence beyond what Mark or I would call CTS or credit time served.
00:59:49.160So it looks like the judge is probably planning on dinging him something.
01:00:23.180With this judge, he's doing one of two things, my opinion.
01:00:25.820He either is trying to punish Diddy because he knows that he's not really going to be able to throw the sentencing book at him and that Diddy will get what is very close to credit for time served and walk very shortly after sentence.
01:00:41.180So this judge wants to inflict as much pain as he can beforehand or it's some sort of foreshadowing that this judge is going to be amenable to departing from the sentencing guidelines upwardly to really stick it to Diddy because Diddy is not a likable guy.
01:01:17.060I totally disagreed with it fully and completely, but it's not something you could say there was no rational basis for the jury to come to this.
01:01:23.260But here's he's still like, does he have any remedy between now and the October sentencing mark or is it done now?
01:01:57.320I actually think this would be above my pay grade.
01:02:01.340But politically, I I can see where this resonates with him, because, you know, let's you lived as and I did many shows with you during the time Trump was being prosecuted both civilly and criminally in New York, which is reminiscent of what is happening with Diddy.
01:02:21.540He was accused of everything there was they threw everything in Rico.
01:02:52.380I mean, there was, you know, this Emile Bove, who is now on the circuit, who was the one who had to trek down to New York to on Mayor Adams case to tell the judge in the Southern District.
01:03:05.340Hey, set that aside and talked about Damian Williams, the previous U.S. attorney who brought the case against Adams and against Diddy.
01:03:13.560They cited the fact that he put up Diddy and the mayor on his website when he left office and that he was trying to curry favor to become the attorney general under Kamala.
01:03:25.180So there are some things that I think resonate with Trump.
01:03:29.200And I think he should commute the sentence, if not pardon him.
01:04:16.900He has been on a cocktail of drugs, which is a story often told in Hollywood, which is where these people get just they go up, they go down, they're just dispensed, all kinds of stuff.
01:04:30.080When he and he's now been in there for about a year and he's clean and sober and he's a different person when he's clean and sober and he's made some he's made some kind of amends.
01:04:41.920And, you know, he did get Gina, who was victim number three, to write a letter in support of him being released.
01:05:08.200We was in Miami and it got really crazy that time.
01:05:15.820We were in his closet and he like pushed me and I fell to the ground and and then he got he like stood over me.
01:05:23.940So I was like laying on my back and he stood over me and he started like punching me like this, like he avoided my face, but he started punching me like on the side of my head and I was just like covering my face.
01:05:38.240He like stomped on my stomach like really hard and I like took the wind out of my breath.
01:05:45.120I couldn't even I couldn't breathe and he kept but he kept hitting me and I was like pleading to him, like, can you just can you stop?
01:05:57.820He he like grabbed my hair from the back and like was like punching the back of my head because he was he was just avoiding my face when he was like hitting me.
01:06:10.800He's a real gentleman that was on the Tasha K blogger show.
01:06:15.120In June of 19 years later, six years later, she's writing a letter.
01:06:20.840Yes. Now she's saying now she's saying he's super sweet.
01:06:25.500But by the way, he was with Jane all the way up to the moment of his arrest.
01:06:30.520And her testimony was she was being abused up until that moment.
01:06:34.580It went on all the way. The physical abuse, the freak offs, all of it.
01:07:33.240And if we'd seen that, if we'd seen that interview just then by itself, without that Cassie Ventura video, we'd all be going, maybe, yes, maybe she's off your money.
01:08:41.500Already, the GOP base is mad at Trump.
01:08:44.360The Epstein sort of the scandal has infuriated the MAGA base because they feel he's covering up for elites, well-connected, rich people who may be in these files.
01:10:15.300And by the way, when I go back to the Burbank Airport on a Friday afternoon, and I'm one of 500 people going to Vegas, and all of the women from Van Nuys are there going to have sex in Vegas.
01:11:06.240When I covered this case, I hadn't yet read this book that Maureen Callahan recommended to me, The Stranger Beside Me, which was written by a woman who was friends with Ted Bundy, and she was a crime reporter reporting on crimes being committed in the Seattle area, having no idea it was her friend Ted Bundy who was doing it.
01:11:34.160So I was neck deep in the Ted Bundy stories, which are very creepy, but interesting.
01:11:37.840And I'm now convinced, because we did see in the materials released that he had an obsession with Ted Bundy, and he took the selfie with the hood, the hoodie on.
01:11:49.520He had reportedly been Googling Ted Bundy, and there was speculation that he may have also potentially obsessed with this Elliot Rodger serial killer, or just multiple murderer, I should say, went on a murdering spree on a college campus.
01:12:01.780I think he was more obsessed with Ted Bundy now, having listened to the story, because there's so many similarities.
01:12:08.620And what Anne, the writer of this book, posits, knowing Ted, is that Ted Bundy was re-killing the same girl over and over and over and over and over, and that he may have committed any place between 30 and 130 murders, Ted Bundy.
01:12:21.400All, for the most part, looked exactly the same.
01:12:24.280Between the heights of maybe 5'1 and 5'6, dark hair, part of the center, almost always wearing jeans or slacks.
01:12:32.940And oftentimes, when not in that outfit, asleep in their beds.
01:12:37.780And one of his most infamous crime days was when he walked into, in Tallahassee, the Florida University there, and murdered, attacked.
01:12:47.360It was six, six, I think, Florida sorority sisters, and three died.
01:12:55.700There were so many murders, but he definitely attacked with a knife, and with a, he used a bludgeon, just like a piece of wood to bludgeon them.
01:13:12.340So, there's a report that Brian Kohlberger couldn't have this one high school girl that he apparently really liked.
01:13:20.100She didn't have the time of day for him.
01:13:21.460She was like a popular cheerleader who was blonde.
01:13:23.400She looked a little similar to Kaylee and to Maddie.
01:13:26.040In any event, this is a long way of saying Ted Bundy was a big fan of going to homes in the middle of the night and accosting his victims while sleeping.
01:13:33.060That's what he did to those sorority sisters.
01:13:34.760That's what Brian Kohlberger did here.
01:13:36.820And now we're hearing from Kaylee's dad.
01:13:39.460This happened right after, it was the week of the sentencing, where he's talking about some more details on the cases.
01:14:58.560If you remember the last time, I guaranteed to you that we were going to find pornography or that word was going to come out about that.
01:15:05.380And lo and behold, if that's accurate, and it's a little bit of a telephone game here because you get the detective to the dad saying that he found that, but he hasn't seen it.
01:15:13.760But, of course, he did, and that aligns with every case like this that Mark and I have ever done, certainly.
01:15:21.300There's almost always porn on the computer.
01:15:24.320And, yeah, the prosecutor, I've got a lot of problems.
01:15:27.680I've got a problem with his media tour right now where he's talking about how – what was the quote?
01:15:34.680We had the opportunity to do it in a way.
01:15:36.180Yeah, to really give some immediate finality, we're pleased and relieved that the community and the victim's families aren't going to have to live through this.
01:15:49.860And, you know, it's like that applies to every single murder case.
01:15:56.100So it's like what is the – you know, do we just give everybody a deal now so you don't put the family through the case?
01:16:01.800And, by the way, having watched Olivia Gonsalves, that woman, when she ripped into Koberger, I guarantee was not afraid of the process or facing Koberger in the penalty phase.
01:16:12.860And it's like – and this is crass, so I hate to say this, but if I'm allowed to swear, I keep thinking of Dave Chappelle's quote.
01:16:20.140You know, yeah, we could do it that way, Mr. Prosecutor.
01:16:22.960We could just give everybody a frigging deal, or you could shut the fuck up because you are undermining the, I think, the integrity of a lot of death penalty cases in the 27 states and the federal system that still have it by essentially you've got this example that everybody's heard of.
01:16:41.080If the death penalty does not apply to Brian Koberger, who does it apply to?
01:16:44.540And you and I also talked about how – what changed?
01:16:47.080I wanted to know what changed after he made his announcement, and the answer was nothing changed other than Koberger wanting to come in and plead guilty.
01:16:55.620And in my view, that's not a reason to come off the decision to seek death.
01:17:01.760And I know a couple of the families supported it.
01:17:12.120I want him to comb his beard or ride his horses or whatever he does in Idaho and shut the F up because he's undermining, in my view, the integrity of murder cases throughout the United States.
01:17:30.440Almost always, in cases you and I see, there is – okay, if you want a deal, you have to sit and you either give a proffer or you answer questions or you do something in which you get closer to some kind of – I hate the word closure because, as you say, you never get there.
01:18:15.280And the thing is, in Idaho, they've got less than 10 people on death row.
01:18:18.440It's a state where he might actually have been executed.
01:18:21.300And I know John probably agrees here, too.
01:18:23.520So if they had gone to him and his defense lawyers and said, look, we're going to come off death, but he has to actually explain what he was doing, we're going to do it, as Mark said, a proffer where you can't use the statement against him, but you can answer those questions, they can structure that any way they want.
01:18:38.380And all this guy Thompson did, he just rolled over and let him plead.
01:18:42.600And then also, remember, Megan, when they did that, we were live when he came in, and he said, there's no sexual component where I just about jumped through my computer when he said that.
01:18:51.040But also, he went to lengths to say, we don't know if he was looking at the house and there's other stuff on.
01:19:18.460I was going to say, too late, Laureny.
01:19:19.700Because I want to bring in Jonna, but I want to tell the audience what I'm going to show them while she's talking.
01:19:23.660Among the other pieces of evidence that we've just gotten our hands on are photos, a photo of Kohlberger in the wee hours of the morning that they arrested him in his parents' house in the Poconos.
01:19:34.600When, of course, they burst in, and he was stuffing little Ziploc baggies full of his trash, which we know from the investigators he was then discarding in the neighbor's trash can.
01:19:46.040Here he is, moments after realizing his world was changed forever.
01:19:49.680They also reported that he had scrubbed many of his searches off of his phone.
01:19:54.840He was using a VPN to avoid detection.
01:19:57.480They also talked about how they briefly suspected that he had attacked a different woman in 2021 in the Pullman area, Pullman, Washington.
01:20:06.600Somebody went into her bedroom holding a knife, wearing a ski mask, a burgundy ski mask.
01:20:18.280I still got questions about that one, to be honest.
01:20:20.100He might have been out there visiting.
01:20:21.120But your thoughts on where we are now as he gets moved to solitary confinement for the rest of his life, and we're supposed to, I guess, go along with his prosecutor's revisionist history of, we're pleased, we're relieved.
01:20:31.540The community, the victim's families aren't going to have to go through, they're going to have to continue to live through this.
01:20:39.060I'm professionally offended by the way that this plea went down for the reason that we were talking about.
01:20:46.940He didn't have to admit to shit, and that is a slap in the face to all the families.
01:20:51.620And not only that, either I have the premise for a novel or I have a premonition, because what I think this prick is going to do in the future, he's going to wait, maybe until his parents are dead so he doesn't have to admit anything in front of them.
01:21:06.560And five years, ten years down the road, he's going to say, hey, you want to know why I did it?
01:21:10.680You want to know why I picked that house?
01:21:12.480You want to know what my motivation is?
01:21:14.040I'll tell you, but you've got to shave, I don't know, a little time off my sentence, or you've got to give me something for this information that you allowed me to go to prison for the rest of my life, hanging on to.
01:21:27.560But the second thing, quickly, that I'm professionally offended by is right before prosecutors decided to accept this deal, defense attorneys decided to do this deal, remember the defense tried to float a motion requesting that they be permitted to present evidence of a third party culpability?
01:21:44.040They did that knowing full freaking well that that was going to be a wild goose chase in a rabbit hole?
01:21:55.380Now, now Kohlberger is going to be in solitary, and the policies of this prison require that he is confined alone for up to 23 hours a day with limited human interaction.
01:22:08.980He will only be allowed to shower three times a week, which I guess he's going to be upset about because one of his other cellmates said he loved to shower for an hour at a time.
01:22:18.540He may take advantage of the step-down program that gradually transitions inmates from solitary confinement to a more open environment, though if you were Brian Kohlberger, would you really want that?
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01:25:11.840I'm Megan Kelly, host of The Megan Kelly Show on Sirius XM.
01:25:16.140It's your home for open, honest, and provocative conversations with the most interesting and important political, legal, and cultural figures today.
01:25:23.720You can catch The Megan Kelly Show on Triumph, a Sirius XM channel featuring lots of hosts you may know and probably love, great people like Dr. Laura, Glenn Beck, Nancy Grace, Dave Ramsey, and yours truly, Megan Kelly.
01:25:38.400You can stream The Megan Kelly Show on Sirius XM at home or anywhere you are, no car required.
01:52:03.020I just placed it on his face, and that's when we took off.
01:52:09.460Like the greatest documentary ever on Fox Nation.
01:52:12.780Those are the Osundario brothers who reenacted their attack, their hoax.
01:52:17.280Then, Phil, so how do you like the chances of this Netflix documentary rehabilitating Jussie Smollett?
01:52:23.880Well, look, I'm disappointed in Netflix.
01:52:26.120But look, this is what you're going to expect from Smollett.
01:52:29.260But in my opinion, this is a continuation of the grift that he tried to get going and get some traction some time ago, many years ago now at this point.
01:52:40.760I'm sure there's some way he's going to try to profit and make money off of it, in my view.
01:52:45.540I think that's really the best explanation for all this.
01:52:48.920Look, are we supposed to believe that there are two people in South Chicago back then that actually owned and much less would wear a MAGA hat out in public?
01:53:24.040She's the one that started this whole pretrial diversion thing, which she should never have done in the first place.
01:53:30.780But, of course, she put him in this pretrial diversion agreement.
01:53:33.900And the courts later said that you couldn't go back and re-prosecute him after you ran him through pretrial diversion.
01:53:40.040And to me, as a lawyer, that actually kind of makes sense.
01:53:42.220But it doesn't make sense to give him pretrial diversion in the first place, considering how many resources were expended and how much money it cost and things of that nature.
01:53:50.820But she, of course, leaves office and just drops this, you know what, in the punch bowl, right, and leaves it there for other people to have to clean up for years and years to come.
01:54:21.680Like, not that anybody believed it on the right half of the country, but the left, a lot of people believed it, that these MAGA cretins beat this poor black man.
01:57:11.140I mean, and when it came to the prosecutor, it was Kim Foxx.
01:57:17.020So, I was a state attorney at the time when this was going on, and I was surprised because when the prosecutor, the state's attorney there, acknowledged a conflict,
01:57:26.640instead of bringing on a special prosecutor, she appointed her top deputy as the prosecutor.
01:57:32.660That's not like a conflict of interest where you're having independent prosecutor when you put your number one deputy, your second person in charge, in charge of the case.
01:57:42.680And so, the National District Attorney Association, this national organization I'm a part of, chastised her, said that when you recuse yourself from a case, you don't appoint your deputy because that's a conflict of interest.
01:57:53.340So, one more thing about this is that I rarely get a chance to correct Megyn Kelly, but the show is Empire, not Entourage.
01:58:06.900And, like, just hearing him retell it, right, brings home how obviously false it was, Bill.
01:58:14.840Like, oh, Empire, N-word, in the middle of it.
01:58:18.520Like, these two MAGA guys were just lying in wait, and they just happened to run into this no-name actor who literally nobody knew,
01:58:25.540and recognized him as starring in Empire, okay, and were ready with their tools.
01:58:31.800And yet, here he's going to say, and Netflix is apparently going to say, that there's previously unreleased footage that may prove he did not stage this.
01:58:43.300That, like, I don't have any idea how they could, because they say they're inviting audiences to decide for themselves who's telling the truth about Jussie Smollett.
01:59:22.200So I don't understand a lot of things, starting with why, when he gives that interview, why she doesn't ask any, you know, follow-up questions, right?
01:59:32.520It's like, okay, where did you find guys in South Chicago with MAGA hats?
01:59:38.560That's like the first question I would want to know.
01:59:40.400But look, if these lawyers supposedly had evidence that squarely contradicts the claims made by prosecutors against him,
01:59:50.320it would be malpractice and almost criminal negligence, almost, to the point of just sitting on that and not bringing it as part of a defense.
01:59:57.920And I'm just wondering, if I'm that lawyer or these lawyers who he's now, in my opinion, defaming by saying,
02:00:07.700look, I had clear proof that I was innocent and my lawyers refused to use it, my word, that's quite the claim to be making against your criminal lawyers
02:00:17.640who have, you know, professional reputations and saying things like that.
02:00:21.740You know, I'm just wondering if that might not give rise to some kind of claim by them now against Smollett or perhaps against Netflix for even, you know,
02:00:32.120bringing such a ridiculous claim forward because there's just no way any responsible lawyer would sit on evidence that squarely contradicts, you know, the prosecutor's claim.
02:00:43.560Not only at the time, but to have it, you know, be locked away under some locking key in a secret vault or whatever for five years.
02:00:51.280It just doesn't pass the smell test, much like his initial claims don't even pass the smell test.
02:00:57.480No reasonable person would believe it.
02:00:59.560I mean, I can't wait to see how this filmmaker incorporates the Osandario brothers and their reenactment.
02:01:06.480I look forward to seeing how he handles that piece of the show.
02:01:10.360And as soon as it hits, we will all get back together.
02:01:30.320OK, so that's just a sampling of the all-star cast that we have who's going to be hosting these discussions and participating in these discussions.
02:01:38.340So it'll be a rotating cast over there of all your faves.
02:01:42.300I'm really excited for this because I think people love the legal segments on The Megyn Kelly Show, which will continue.
02:01:47.800But this is an expanded version where these guys will be oftentimes without me, sometimes with me, and on their own discussing, in the same way they do here, all these great legal cases.