The Megyn Kelly Show - Judge Apology to WHCD Suspect, GOP Push to Flip Fetterman, Britney Spears Plea Deal： AM Update 5⧸5

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00:00:30.000 Good morning, everyone. I'm Megan Kelly. It's Tuesday, May 5th, 2026, and this is your AM

00:00:38.360 Update. A D.C. judge apologizing to the man accused of attempting to assassinate President

00:00:44.040 Trump at the White House Correspondents' Dinner. Yes, you heard that right. A search and rescue

00:00:49.920 effort underway to locate two missing U.S. Army troops in Morocco, believed to have fallen in

00:00:55.840 the ocean while hiking. I've had Republican friends in my state say, you're actually more

00:01:02.320 popular than I am. A behind-the-scenes effort reportedly underway to flip Democrat Senator

00:01:10.180 John Fetterman to the Republican side of the aisle. Should she re-offend in the future,

00:01:15.740 she will not be given the benefit of this reckless driving charge. And Britney Spears resolving her 0.97

00:01:22.380 DUI case. We'll tell you what happened. All that and more coming up in just a moment on your AM

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00:02:33.540 A federal magistrate judge apologizing in court yesterday to the man accused of attempting to

00:02:39.060 assassinate President Trump at last month's White House Correspondents' Dinner over his

00:02:44.140 treatment behind bars. Magistrate judges are not appointed by presidents, instead reaching the

00:02:49.800 bench by a majority vote of the active district court judges, Magistrate Judge Zia Faruqi,

00:02:56.600 holding his current role since 2020, previously serving as a federal prosecutor for 12 years.

00:03:02.980 Judge Faruqi has previously issued rulings critical of the Trump administration,

00:03:08.120 repeatedly challenging from the bench aggressive federal law enforcement tactics during the Fed's

00:03:13.880 D.C. crime crackdown. For example, journalist Julie Kelly reporting in September 2025 on this

00:03:20.760 magistrate's outrage after a D.C. grand jury refused to indict Edward Dana, a career criminal

00:03:27.840 with nine prior convictions and 23 arrests, who, upon being arrested for vandalism, allegedly

00:03:34.180 committed the additional crime of saying he wanted to kill the president, a crime the grand jury

00:03:39.380 rejected, and which prosecutors were then forced to drop. Was Magistrate Faruqi angry that a danger

00:03:46.080 to President Trump was getting away? Hardly. Instead, he blamed the decision on the people's

00:03:51.900 fear of the Trump administration's crime-fighting efforts, lamenting, quote,

00:03:56.640 how do we reestablish faith in people in D.C. that they're not going to be wrongly arrested?

00:04:01.480 The people left here in Washington, D.C., who have had to suffer through whatever's happening,

00:04:06.540 how am I supposed to reestablish confidence in every defense lawyer and defendant

00:04:11.380 that they are being treated fairly and rightly? Cole Thomas Allen appearing before this same

00:04:18.380 magistrate on Monday for a hearing on conditions at the correctional treatment facility at the

00:04:23.280 D.C. jail complex, where he's being held ahead of trial. Allen initially placed on suicide watch,

00:04:29.560 held in a solitary padded cell that remained constantly lit, and denied access to phone

00:04:35.080 calls, books, religious material, and recreational time. His attorneys had requested Monday's hearing

00:04:40.740 to challenge those conditions, arguing the placement on Suicide Watch was unwarranted.

00:04:46.000 But after Alan was removed from Suicide Watch, his legal team moved to cancel the proceeding

00:04:50.960 altogether. The judge denying that request, citing what he called, quote, grave concerns about the

00:04:56.980 justification for Alan's confinement and the conditions to which he'd been subjected.

00:05:02.240 Allen remains in restrictive housing, a placement his lawyers do not oppose, according to Reuters.

00:05:07.900 Allen's legal team last week agreeing he should remain in custody, opting not to challenge

00:05:13.100 prosecutors' assertion that he poses a danger to the public. A jail official saying yesterday that

00:05:18.620 Allen was placed on suicide watch for a short period of time following an initial medical

00:05:23.600 evaluation, adding that there were ongoing psych exams and saying that a final determination on

00:05:29.720 his housing assignment is still pending. Prosecutors noting that Allen told FBI agents

00:05:35.100 the night of the alleged attack he did not expect to survive, a statement jail officials may have

00:05:40.840 used to justify placing him on suicide watch. The magistrate judge pushing back, asserting that

00:05:46.820 Allen could have meant he expected to be shot rather than indicating any intent to take his

00:05:52.300 own life. In yesterday's hearing, the magistrate addressing Allen, quote, I'm very troubled by what

00:05:58.240 they indicate the conditions that you have been subjected to. I'm sorry, it sounds like things

00:06:04.180 have not been the way they're supposed to. Allen's lawyers claiming, for example, that he was escorted

00:06:09.680 to the shower and strip searched anytime he came into or left his cell. The judge ordering

00:06:15.760 corrections officials to provide Allen with a Bible, as he had requested, and provide the court

00:06:21.160 with an update by this morning on whether Allen will be placed in a less restrictive unit. Allen,

00:06:26.900 facing charges of attempted assassination of a U.S. president and firearms violations. He was

00:06:32.360 captured on security camera charging a security checkpoint at D.C.'s White House Correspondents

00:06:37.160 Dinner and seen firing his gun at police, allegedly striking one officer in the chest,

00:06:44.040 who thankfully was wearing a bulletproof vest. U.S. Attorney for the District of Columbia,

00:06:49.180 Janine Pirro, indicating more charges may be coming. Her team will be appearing in front

00:06:53.180 of a D.C. grand jury later this week

00:06:55.000 with more video evidence against the defendant.

00:06:57.940 Allen has not yet entered a plea,

00:06:59.980 his preliminary hearing set for Monday.

00:07:02.640 Pirro posting to X yesterday afternoon,

00:07:04.640 quote, welcome to Washington, D.C.,

00:07:06.700 where U.S. Magistrate Judge Faruqi

00:07:08.480 believes a defendant armed to the teeth

00:07:10.900 and attempting to assassinate the president

00:07:13.220 is entitled to preferential treatment in his confinement

00:07:16.500 compared to every other defendant.

00:07:19.260 Pirro, Sunday on CNN,

00:07:20.720 saying prosecutors have a strong case against Allen.

00:07:24.680 The defense says that the manifesto was vague

00:07:27.580 about who specifically the target was.

00:07:29.940 Cole Allen is being charged

00:07:30.920 with attempting to assassinate the president.

00:07:34.020 What is the case that you're going to build

00:07:35.560 other than the obvious facts

00:07:37.100 that he's there with a gun and the president is there,

00:07:39.100 which is not nothing, don't get me wrong.

00:07:40.800 Yeah, no, it's a pretty solid case.

00:07:42.320 If you read the manifesto, Jake,

00:07:43.960 and I know that you have,

00:07:45.040 it is very clear who the intended target is.

00:07:48.400 As soon as this president said

00:07:50.360 that he was going to be at the Hilton for the White House Correspondents' Dinner on March 2nd.

00:07:55.680 He then made the decision to hatch the plan. We have a lot of evidence that indicates his intent

00:08:01.600 tracking on his phone. Is the president in the ballroom yet? Has the president sat down yet?

00:08:07.400 What time will dinner be served? Two U.S. Army soldiers missing in Morocco,

00:08:14.000 a search and rescue operation now underway. CBS News reporting the troops participating

00:08:18.900 in a multinational training exercise known as African Lion 2026, went missing Saturday off the

00:08:25.900 southern coast of the North African nation, near the city of Tantan. African Lion is the largest

00:08:31.960 annual U.S. joint military operation in Africa, involving more than 7,000 service members from

00:08:37.600 about 30 countries, initially set to run from April 20 to May 8. That training exercise now

00:08:43.880 paused as U.S. and Moroccan forces shifted to a search and rescue mission, per CBS News.

00:08:50.640 A defense official telling the AP the two soldiers went missing during a recreational hike

00:08:55.160 after the day's exercises had concluded, quote, they were not actively taking part in any training.

00:09:01.920 The missing soldiers last seen near ocean cliffs near the training area, according to Reuters.

00:09:08.120 A U.S. defense official telling the outlet, initial reports indicate the two soldiers

00:09:12.600 may have fallen into the ocean, saying the incident is not believed to be related to

00:09:17.520 terrorism. The search effort reportedly involving helicopters, ships, mountain rescue units,

00:09:23.560 and divers. AFRICOM, the command responsible for U.S. military operations throughout Africa,

00:09:29.700 releasing a statement indicating the incident is under investigation. Quote,

00:09:34.040 our focus is on the service members involved and their families.

00:09:38.020 The names of the missing soldiers have not yet been released.

00:09:42.600 Coming up, a growing divide between Democrat Senator John Fetterman and his own party now

00:09:48.420 fueling a GOP effort to bring him over to their side of the aisle. And Britney Spears resolves

00:09:54.960 her DUI case. Will she get jail time? We've all been there, stuck in a rigid,

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00:11:15.140 As Democrats hope to win a Senate majority in the upcoming midterms,

00:11:20.120 control of the chamber could come down to a single vote. And Republicans believe that vote

00:11:25.100 could very well be U.S. Senator from Pennsylvania and current Democrat John Fetterman. According to

00:11:31.540 Politico, the Senate GOP, along with President Trump, now quietly working to win Mr. Fetterman

00:11:37.220 over, either by flipping him outright or pulling him into an independent lane that could tip the

00:11:43.660 balance of power. Senator Fetterman, elected in 2022 and not up for re-election until 2028,

00:11:51.040 increasingly putting distance between himself and his party. A frequent face on Fox News,

00:11:56.120 Senator Fetterman often criticizing Democrats' embrace of more progressive policies and candidates.

00:12:01.480 it's ironic i mean these kinds of protests are being funded by billionaires against billionaires

00:12:08.260 i mean i i don't know if they realize the irony in in many of those things right now and now there

00:12:14.660 is kind of a small communist takeover uh in maine you know platner platner he's already announced

00:12:21.000 that he's an avowed communist he's made that statements and he put that online now he's going

00:12:26.100 to be the Democratic nominee. So there is a resurgent about the socialism, and that's

00:12:33.180 becoming more and more a part of it. And now there's more, it's like a marriage of the

00:12:38.840 Palestinian, the anti-ice, the abolished ice, and now turning it into like an orgy of socialism 0.96

00:12:47.740 here. And that's sad. A staunch supporter of Israel, Mr. Fetterman is also one of the few 0.96

00:12:53.700 Dems backing the current U.S. war in Iran, putting him at odds with much of his caucus.

00:12:59.740 Here, a recent Fox News hit on the topic. It wasn't that long ago, every single Democrat says

00:13:05.900 we can't let those lunatics, you know, have a nuclear bomb. That's not a shocking view for a 0.63

00:13:12.460 Democrat, but I've become the only Democrat in the entire Congress that have supported Epicurus.

00:13:19.500 Outside of foreign policy, the senator also breaking with Dems on key votes,

00:13:23.760 supporting several of President Trump's nominees.

00:13:26.740 Just last month, Fetterman casting the deciding vote to advance

00:13:29.740 Senator Mark Wayne Mullen's nomination to lead DHS.

00:13:33.740 He's even endorsed construction of President Trump's proposed White House ballroom,

00:13:38.020 further fueling tensions with Democrats.

00:13:40.560 Last week, a vice chair of the DNC, Malcolm Kenyatta,

00:13:44.340 attacking Senator Fetterman on social media,

00:13:46.480 Almost every day now, my U.S. senator comes on this site to attack his constituents and many people who worked hard to elect him, suggesting that they may have derangement syndrome for opposing this administration. 0.77

00:13:58.780 You're a mess, John Fetterman.

00:14:00.820 Since taking office, Mr. Fetterman reportedly developing close friendships with GOP Senators Katie Britt of Alabama and Dave McCormick of Pennsylvania. 0.58

00:14:09.360 Senator Fetterman now reportedly spending significant time with Republicans off the

00:14:13.560 Senate floor, often joining them in the GOP cloakroom during long votes and avoiding Democrat-only

00:14:19.780 social events. According to Politico, those relationships have become central to the GOP's

00:14:24.620 quiet effort to pull Fetterman into their orbit. President Trump getting directly involved,

00:14:29.960 recruiting Fox News host Sean Hannity to assist in the mission. During a recent interview with

00:14:35.180 Fetterman, Hannity delivering a message he said came straight from the president.

00:14:39.640 So I did talk to President Trump last night and I told him you were going to be on the show.

00:14:44.460 And he said, OK, I want to give you a job. Your job is to tell him he's going to be run as a

00:14:53.100 Republican. He's going to have our full support, more money than he ever dreamed of. And he's

00:14:57.860 going to win big. And, you know, we're going to make sure he goes to Democrats, don't appreciate

00:15:03.340 him. They don't like him. They're finished with him. I mean, he went on and he tasked me

00:15:09.360 with making that happen. All of this unfolding as Fetterman faces growing political pressure

00:15:14.780 back home. Despite not being up for reelection until 2028, his standing with Democrat voters

00:15:20.780 in Pennsylvania sharply declining. Here's CNN chief data analyst Harry Enten. Just look at this

00:15:27.260 among Pennsylvania Democrats and that approval of Fetterman. Back in 2023, he was a Democrat,

00:15:32.440 liberal darling he was at plus 68 points look at how low he has fallen down to negative 40 points

00:15:39.820 he's down there with the titanic among democrats in the commonwealth of pennsylvania and you know

00:15:46.300 put a comparison point on you know we always talk about how chuck schumer is not well liked by the

00:15:49.800 democratic base nationwide chuck schumer has a net popularity rating of about minus two points

00:15:54.820 this is an 108 point swing despite the outreach fetterman publicly insisting he's not going 0.76

00:16:02.320 anywhere, telling Politico, quote, I'm a Democrat and I'm staying one, adding I'd be a shitty 0.98

00:16:07.900 Republican. NBC asking the senator about party switching in late March. Would you ever consider 0.90

00:16:14.420 running for office as a Republican senator? As much as I am friends with a lot of Republicans,

00:16:22.200 including my parents, I'm not I'm not I'm not a Republican. And so that's what it's really was.

00:16:31.900 that's the truth you know people always say you know we have to be a a big tent party so that's

00:16:39.220 that's really it's really strange i'm mystified by it if if i'm more popular i've had republican

00:16:46.520 friends in my state say you're actually more you're more more popular than i am you know with

00:16:53.860 people and you know how a guy that votes a 93 second percent dem line has that happen i'm

00:17:00.280 mystified by it. I can't explain it. Behind the scenes, however, the door may not be entirely

00:17:05.300 closed. According to GOP officials, when the idea of becoming an independent was raised,

00:17:11.280 Fetterman did not immediately reject it. Britney Spears pleading guilty yesterday to reckless

00:17:18.060 driving involving alcohol and drugs. The pop star accepting a deal from Ventura County,

00:17:23.500 California prosecutors following her DUI arrest in March. The 44-year-old did not appear at her

00:17:29.660 arraignment, her attorney entering the plea on her behalf. Spears arrested on March 4th on

00:17:35.340 suspicion of driving under the influence after California Highway Patrol pulled her over for

00:17:40.300 driving her BMW, quote, erratically at a high rate of speed on Route 101 in Southern California.

00:17:47.540 The singer showing signs of impairment during field sobriety tests, prompting officers to

00:17:52.520 transport her to a local hospital for a blood test to determine whether drugs or alcohol were

00:17:57.500 in her system. She was then booked into jail overnight and released early the next morning.

00:18:03.160 At the time, a representative for the singer calling her actions, quote,

00:18:06.360 completely inexcusable, adding, quote, hopefully this can be the first step in

00:18:10.540 long overdue change that needs to occur in Britney's life. 0.94

00:18:14.420 One month later, Spears voluntarily entering a substance abuse treatment program,

00:18:19.320 prosecutors formally charging Spears last week with driving under the influence of drugs and

00:18:23.440 alcohol, a misdemeanor. Ventura County District Attorney Eric Nazarenko saying, per the agreement,

00:18:30.060 if Spears is stopped while driving, she will have to submit to a test. Law enforcement will be

00:18:35.140 allowed to search her vehicle for drugs and alcohol, and she must continue a mental health

00:18:39.500 and substance abuse regimen, including twice monthly visits with a psychiatrist and weekly

00:18:45.000 visits with a psychologist. More from Nazarenko yesterday outside the courthouse. Today was a

00:18:51.140 substitute charge when there is a first-time offender where there is no

00:18:55.820 crash no collision no injury with a low blood alcohol content we typically and

00:19:02.700 routinely in Ventura County will offer the reckless driving involving alcohol

00:19:09.100 and drugs in doing so she was given a one-year informal predict probationary

00:19:15.980 grant instead of three. She also will have to attend and complete a three-month alcohol school

00:19:24.500 or 30 hours. I want to emphasize, however, that this charge, the reckless driving one,

00:19:32.000 is indeed what we call priorable. Should she re-offend in the future, she will not be given

00:19:38.160 the benefit of this reckless driving charge. Rather, she will be charged with driving under

00:19:43.440 the influence, and her penalties and her consequences would ratchet up. That includes

00:19:50.180 potentially up to five years of formal probation and one year in Ventura County Jail.

00:19:55.940 In addition, Spears sentenced to one day in jail, credited with time served, and ordered to pay a

00:20:01.860 $571 fine. Prosecutors have not disclosed what drug or drugs may have been in Spears' system

00:20:10.100 at the time of her arrest. Spears' attorney, Michael Goldstein, telling reporters, quote,

00:20:15.260 I don't think anybody is happy about pleading guilty to anything,

00:20:18.860 but under the circumstances and to get this behind her, I think everybody is pleased with the result.

00:20:26.480 And that'll do it for your AM update. I'm Megan Kelly. Join me back here for the MK Show,

00:20:30.980 live on SiriusXM's The Megan Kelly Channel, 111 at noon east,

00:20:34.720 on youtube.com slash megankelly, and on all podcast platforms.

00:20:40.100 Amen.

The Megyn Kelly Show - May 05, 2026

Judge Apology to WHCD Suspect, GOP Push to Flip Fetterman, Britney Spears Plea Deal： AM Update 5⧸5

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