Judge Dismisses Comey and James Cases, Pentagon Investigating Sen. Mark Kelly： AM Update 11⧸25
Episode Stats
Words per Minute
160.86964
Summary
A federal judge dismisses the indictments against former FBI Director James Comey and New York State Attorney General Letitia James, ruling in a pair of nearly identical opinions that the prosecutor who brought both cases was never lawfully appointed. All that and more coming up in today s AM Update.
Transcript
00:00:00.000
At MedCan, we know that life's greatest moments are built on a foundation of good health,
00:00:07.540
That's why our annual health assessment offers a physician-led, full-body checkup
00:00:12.280
that provides a clear picture of your health today
00:00:14.600
and may uncover early signs of conditions like heart disease and cancer.
00:00:21.800
Take control of your well-being and book an assessment today.
00:00:34.920
It's Tuesday, November 25th, 2025, and this is your AM Update.
00:00:39.600
I'm grateful that the court ended the case against me,
00:00:42.180
which was a prosecution based on malevolence and incompetence.
00:00:46.300
As former FBI Director James Comey celebrates a recent court ruling tossing his indictment,
00:00:54.460
You can't have a functioning military if there's disorder and chaos within the ranks.
00:01:00.000
The Pentagon announces an investigation into U.S. Senator from Arizona Mark Kelly,
00:01:04.760
connected to his participation in a video urging military members to disobey hypothetical unlawful
00:01:13.980
A Campbell executive reportedly caught on tape making shocking claims about the company.
00:01:18.560
And millions of Americans prepare for holiday travel as the National Weather Service warns of a deep chill
00:01:27.520
All that and more coming up in just a moment on your AM Update.
00:01:30.620
The Black Friday buy one, get one free sale is here at All Family Pharmacy, and it's a big one.
00:01:40.700
From November 22nd through December 2nd, when you buy one ivermectin, hydroxychloroquine, or mabendazole,
00:01:50.160
Over the past few years, many families have learned how important it is to be prepared,
00:01:54.260
to have options, and to take control of their own health.
00:01:57.180
All Family Pharmacy makes that process simple, transparent, and accessible,
00:02:01.580
without the confusion of roadblocks that people are tired of dealing with.
00:02:09.120
Place your order online, and a licensed physician will review it.
00:02:13.200
Once it's approved, your medication is shipped directly, privately, and securely to your home.
00:02:18.420
The Black Friday event lasts for one week only, and supplies are limited.
00:02:23.980
If you value preparation, clarity, and having real choices for your family's health,
00:02:28.700
consider allfamilypharmacy.com slash Megan before December 2nd,
00:02:32.900
and secure your Black Friday buy one, get one free deal.
00:02:38.000
A federal judge dismissing the indictments against former FBI Director James Comey
00:02:42.720
and New York State Attorney General Letitia James,
00:02:48.740
that the prosecutor who brought both cases was never lawfully appointed.
00:02:52.560
Both indictments brought by acting U.S. Attorney for the Eastern District of Virginia,
00:02:58.540
Halligan put in her position by A.G. Pam Bondi in September,
00:03:02.220
after Halligan's predecessor, Eric Siebert, resigned.
00:03:05.660
Siebert originally nabbed this role thanks to an appointment by the A.G.'s office,
00:03:09.580
but these temporary appointments are only good for 120 days.
00:03:14.140
When that period ended, Siebert was reappointed by federal judges,
00:03:28.440
his interim successor could be chosen only by federal judges.
00:03:33.300
The DOJ says either judges or the Attorney General's office could do it.
00:03:37.760
Last month, both Comey and James separately moving to dismiss the cases,
00:03:42.600
arguing A.G. Bondi did not have the power to appoint Halligan to this post.
00:03:47.420
Clinton appointed U.S. District Judge Cameron McGowan-Curry,
00:03:56.580
all actions flowing from Ms. Halligan's defective appointment
00:03:59.460
constitute unlawful exercises of executive power and must be set aside.
00:04:04.380
James, responding to the ruling with a statement, quote,
00:04:09.480
and grateful for the prayers and support I have received from around the country.
00:04:14.240
I remain fearless in the face of these baseless charges.
00:04:23.220
She didn't really say that, but she did call herself fearless.
00:04:31.020
I'm grateful that the court ended the case against me,
00:04:34.240
which was a prosecution based on malevolence and incompetence
00:04:38.200
and a reflection of what the Department of Justice has become under Donald Trump,
00:04:43.800
The message has to be sent that the president of the United States
00:04:47.380
cannot use the Department of Justice to target his political enemies.
00:04:54.080
You have to see that as fundamentally un-American
00:04:56.680
and a threat to the rule of law that keeps all of us free.
00:04:59.940
Judge Curry dismissing both cases without prejudice,
00:05:06.600
But with Comey's allegedly false statements to Congress now
00:05:12.000
the question in his case, unlike Letitia James's,
00:05:18.340
We spoke with senior counsel at the Article 3 project, Will Chamberlain,
00:05:22.040
who outlines a number of issues with this ruling,
00:05:27.440
It means, first off, obviously the DOJ can simply appeal,
00:05:31.320
and if they win like they will, this won't matter.
00:05:33.560
But even if they lose on appeal, there's a statute, 18 U.S.C. Section 3288,
00:05:38.640
which says that whenever an indictment charging a felony is dismissed for any reason,
00:05:46.100
the DOJ has six calendar buffs to refile the indictment.
00:05:53.500
One of them is, if the reason that your indictment got dismissed
00:05:57.560
is because the statute of limitations had expired,
00:06:05.660
namely the fact that Lindsay Halligan, in Judge Curry's view,
00:06:10.520
So there's no reason DOJ shouldn't be able to re-indict
00:06:15.180
In other words, Comey should not pop the champagne just yet.
00:06:18.240
Judge Curry ruling that once the AG uses that 120-day window one time,
00:06:24.820
in this case for Halligan's predecessor, Siebert,
00:06:30.340
shifts exclusively to the federal judges in that district.
00:06:35.220
Chamberlain argues that interpretation of the statute is not only incorrect,
00:06:43.520
First off, it's wrong as a matter of just plain language of the statute,
00:06:46.400
which says very clearly that the attorney general may appoint a U.S. attorney
00:06:54.080
And the only exception to that is that the attorney general
00:06:56.860
may not appoint someone who has been affirmatively outright rejected by the Senate.
00:07:04.080
she should err on the side of not ruling in a way
00:07:13.800
is that if you grant the authority to appoint executive branch officials to the judiciary
00:07:20.720
exclusively, then that's a separation of powers violation
00:07:24.480
because the prosecutorial authority is the most quintessentially executive function there is.
00:07:33.760
A.G. Bondi telling reporters yesterday the DOJ is immediately appealing this ruling.
00:07:39.280
We asked Chamberlain what he predicts will happen next.
00:07:41.840
That's just not going to pass constitutional muster,
00:07:44.280
especially after this last year of Supreme Court jurisprudence,
00:07:48.600
where the Supreme Court has basically dismissed all these attempts to
00:07:52.620
uphold these independent agencies and prevent President Trump from firing
00:07:58.820
The Supreme Court has rejected all of those as unconstitutional.
00:08:02.480
This clearly also would be unconstitutional under the same logic.
00:08:05.640
With the administration vowing to appeal and similar disputes popping up in other districts,
00:08:10.520
the question may ultimately require a definitive answer from the Supreme Court.
00:08:16.200
The Pentagon yesterday announcing an investigation into U.S. Senator from Arizona Mark Kelly,
00:08:23.000
The Department of War has received serious allegations of misconduct against retired Captain Mark
00:08:28.680
Kelly. A thorough review of these allegations has been initiated to determine further actions,
00:08:34.000
which may include recall to active duty for court-martial proceedings or administrative measures.
00:08:39.860
Last week, Senator Kelly participating in a video posted on X with five other Democrat lawmakers
00:08:45.640
urging military service members to ignore hypothetical unlawful orders.
00:08:50.920
We want to speak directly to members of the military.
00:08:53.980
This administration is pitting our uniformed military
00:09:04.000
The Pentagon now investigating whether Kelly's participation in the video amounts to
00:09:08.700
undermining good order and discipline in violation of a federal law that carries up to 10 years in prison.
00:09:15.520
President Trump accusing the Democrat lawmakers of sedition, calling for their imprisonment.
00:09:20.020
Secretary of War Pete Hegseth weighing in yesterday on X, quote,
00:09:24.340
The video made by the Seditious Six was despicable, reckless, and false.
00:09:29.880
Their foolish screed sows doubt and confusion, which only puts our warriors in danger.
00:09:35.520
Mark Kelly is still subject to the Uniform Code of Military Justice, and he knows that.
00:09:40.980
Secretary Hegseth saying the other members do not fall under this military's purview
00:09:48.100
Senator Kelly firing back on social media, quote,
00:09:54.460
I have upheld it through 25 years of service and every day since I retired.
00:09:58.740
If Trump's trying to intimidate me, it won't work.
00:10:01.580
I've given too much to our country to be silenced by bullies who care more about power than the
00:10:07.720
White House Press Secretary Caroline Leavitt pointing to the lawmakers' inability to name an actual illegal
00:10:13.080
order from President Trump as evidence of their bad faith.
00:10:17.040
Senator Mark Kelly well knows the rules of the military and the respect that one must have for
00:10:22.720
the chain of command and that all lawful, all orders, lawful orders are presumed to be legal
00:10:28.540
You can't have a functioning military if there is disorder and chaos within the ranks.
00:10:33.680
And that's what these Democrat members were encouraging.
00:10:37.440
And not a single one of them, since they've been pressed by the media, and I'll give you
00:10:41.520
guys credit for that, can point to a single illegal order that this administration has
00:10:48.120
They knew what they were doing in this video, and Senator Mark Kelly and all of them should
00:10:53.400
Political commentator John Podoritz, who is a former presidential speechwriter but not an
00:10:58.260
attorney, suggesting Senator Kelly's comments are protected under the Speech and Debate Clause
00:11:03.320
of the Constitution, protecting members of Congress from legal action for things they say
00:11:11.020
This protection does not typically apply to social media posts, which are generally considered
00:11:15.720
political in nature, not part of the legislative process.
00:11:22.120
It's immunity for activities that fall within the sphere of legitimate legislative activity.
00:11:27.920
So that can't include more than just what you say on the floor.
00:11:30.680
You know, it can include committee investigations, but not only here is this just a public statement
00:11:35.120
that he's making with political ramifications, but he's admitted that he doesn't know of
00:11:39.680
any unlawful orders that have been issued that would then be the subject of an investigation
00:11:44.200
So I don't think he has any reasonable grounds to claim that this would fall under the protection
00:11:51.340
Coming up, a Campbell's Soup executive apparently caught trashing the food, the employees, and the
00:11:57.700
customers, and chilly weather is on the way as Americans gear up for the busiest travel
00:12:08.140
I've been talking a lot about Riverbend Ranch because I love their steaks.
00:12:13.240
This holiday season, express your love with a very special gift of premium steaks from Riverbend
00:12:20.460
They have spectacular beef bundles that are wonderful gifts to friends and family.
00:12:24.680
Their prime rib roast and holiday bundles are only available while supplies last, and
00:12:31.000
For the last 35 years, Riverbend Ranch has been creating an elite Angus herd by using ultrasound
00:12:36.860
technology to identify genetically superior cattle with a focus on flavor and tenderness.
00:12:42.960
All Riverbend Ranch cattle are born and raised in the USA.
00:12:46.680
They never use growth hormones or antibiotics, and the beef is processed right at the ranch in
00:12:52.020
their award-winning USDA-inspected processing facility.
00:12:56.200
Avoid the costly middlemen because beef is sent directly here from Riverbend Ranch to
00:13:07.120
Use the promo code MEGAN to get $20 off your first order, and let me know what you think.
00:13:15.300
A Campbell Soup Company vice president allegedly secretly recorded making shocking claims about
00:13:23.020
his employer's food quality, in addition to a series of offensive comments about his colleagues
00:13:30.620
Former cybersecurity analyst Robert Garza says he captured the hour-plus-long tirade coming
00:13:37.140
from Campbell's VP and chief information security officer Martin Bally in a salary meeting the
00:13:43.800
Garza says he was fired just weeks after informing his manager about the comments made by Bally,
00:13:49.900
despite no prior disciplinary record, and he is now suing the company seeking compensation
00:13:54.680
for alleged emotional, reputational, and economic harm, in addition to attorney's fees.
00:14:00.380
After filing the lawsuit last week in Michigan, Garza and his attorney releasing the audio to
00:14:15.440
Now that I know what the fuck is in it, even in Louisiana soup, I look at it, look at me.
00:14:22.100
I don't want to eat a piece of chicken that came from a 3D printer, you.
00:14:26.660
The Daily Mail reporting, quote, bioengineered meat, also called cultured, cell-based, or lab-grown
00:14:33.760
meat, is real animal meat, produced by taking a sample of animal cells, cultivating them in a
00:14:39.760
nutrient-rich solution within bioreactors, and then structuring the resulting muscle and fat
00:14:51.460
Campbell's responding to the claim, quote, the chicken meat used in our soups comes from
00:14:56.360
long-trusted, USDA-approved U.S. suppliers and meets our high-quality standards.
00:15:06.360
In other parts of the recording, Bally allegedly heard referring to Indian colleagues saying, quote,
00:15:15.920
According to Campbell's, the company was not aware of the recording prior to when it
00:15:19.960
aired on the news, and Bally is now temporarily on leave due to an investigation.
00:15:25.320
Campbell's adding, quote, if the comments were in fact made, they are unacceptable.
00:15:29.500
They do not reflect our values and the culture of our company.
00:15:32.460
We are proud of the food we make, the people who make it, and the high-quality ingredients
00:15:37.460
The comments heard on the recording about our food are not only inaccurate, they are patently
00:15:43.940
Campbell's also saying Bally, as an IT employee, had nothing to do with making the food.
00:15:49.920
Florida Attorney General James Uthmeyer weighing in on the lawsuit, posting to X, quote,
00:15:57.400
Our Consumer Protection Division is launching an investigation and will demand answers from
00:16:02.800
As a record number of Americans prepare to travel for Thanksgiving, the National Weather
00:16:08.600
Service, or NWS, warning an early-season blast of Arctic air is set to stretch across much
00:16:16.060
Below-normal temperatures expected to begin settling in today, stretching through the end
00:16:20.240
of the month, linked to a disruption in the polar vortex swirling high above the Arctic.
00:16:24.840
The chill expected to impact the Pacific Northwest, northern Rockies, Great Plains, parts of Texas,
00:16:33.500
The NWS predicting a snow system will enter into the northern plains this morning, spreading
00:16:38.580
across the upper Midwest through Wednesday, with a potential for heavy snowfall in parts
00:16:43.100
of North Dakota, Minnesota, Wisconsin, and parts of Michigan.
00:16:46.440
The agency warning the heavy snow and gusty winds could bring icy roads and dangerous travel
00:16:52.800
CNN breaking down the counterintuitive science driving this polar vortex.
00:16:56.960
The polar vortex is about to upend weather patterns across the northern hemisphere, setting
00:17:02.100
the stage for what could be a cold and snowy December.
00:17:05.880
The polar vortex usually acts like a shield that keeps ultra-cold air trapped above the North
00:17:11.960
But temperatures high in the atmosphere are forecast to dramatically spike, disrupting
00:17:17.440
the polar vortex and reshaping the jet stream that steers high-impact weather events around
00:17:23.940
It's counterintuitive to think that warming temperatures high above the Arctic could mean
00:17:30.980
But think of it like opening a freezer door, allowing all that frigid air to spill south into
00:17:37.920
The chilly temps arriving as AAA reports a record 82 million Americans expected to hit
00:17:43.400
the road for Thanksgiving, and TSA anticipating more than 17.8 million people set to fly over
00:17:49.260
the holiday, marking the busiest travel period in 15 years.
00:18:00.980
Join me back here for The Megan Kelly Show, live on SiriusXM's The Megan Kelly Channel,
00:18:04.820
111 at noon east, on youtube.com slash megankelly, and on all podcast platforms.
00:18:09.640
At MedCan, we know that life's greatest moments are built on a foundation of good health,
00:18:22.080
That's why our annual health assessment offers a physician-led, full-body checkup that provides
00:18:27.220
a clear picture of your health today, and may uncover early signs of conditions like heart
00:18:33.600
The healthier you means more moments to cherish.
00:18:36.120
Take control of your well-being and book an assessment today.