The Megyn Kelly Show - Kamala Glitches on Colbert, and if Diddy Will Get Out on Bail, with Batya Ungar-Sargon, Arthur Aidala, and Mark Eiglarsh

00:00:00.700 Welcome to The Megyn Kelly Show, live on Sirius XM channel 111 every weekday at New East.

00:00:12.400 Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show.

00:00:14.960 I got so much paper on my desk, I am trying to keep track of it all.

00:00:17.500 There's so much news these days, which, you know, for a news person is a blessing.

00:00:21.440 For the country, you tell me whether what you hear today is a blessing or not.

00:00:25.860 We are tracking the ongoing absurd media tour of Vice President Kamala Harris.

00:00:30.140 I mean, it's basically, let me tell you what happened.

00:00:32.720 She took off her shoe, okay?

00:00:36.320 For the listening audience, I'm holding up my runner's shoe.

00:00:39.180 My favorite part of my job is I wear my stretchy pants every day.

00:00:41.660 She took off her shoe, and pretty much everybody she sat across from has taken that shoe,

00:00:48.220 I'm not that flexible, and licked it.

00:00:50.620 They have licked the shoe.

00:00:52.400 That's what she does.

00:00:53.400 She gives them the shoe, and then they lick it, and that's basically how the media tour

00:00:58.200 is going.

00:00:59.060 It is a shoe-licking, boot-licking tour via podcast, via radio, via CBS, via ABC.

00:01:11.140 Take your pick.

00:01:13.160 Let me just sum it up by saying I have this weird feeling if it had been Donald Trump in

00:01:18.840 those same forums, it would have gone a little differently, would have gone a little differently.

00:01:23.440 Honestly, I've got to ask myself as I watch her, is she getting worse?

00:01:28.760 Like, she might be getting worse instead of better.

00:01:31.940 I've always said about TV, it's like typing.

00:01:34.020 The more of it you do, the better you get.

00:01:36.220 And there's no way of getting from zero words a minute to 60 without going through all the

00:01:41.580 necessary steps.

00:01:42.380 I've never seen anybody get worse at typing the more they type.

00:01:47.120 But honestly, I think this is what's happening to her.

00:01:49.940 She does not improve upon acquaintance.

00:01:52.420 She's not getting smoother.

00:01:54.300 She literally just has her script, and she reads off her script, and she repeats those

00:01:58.960 few lines.

00:01:59.800 And it's like a computer that is programmed.

00:02:01.580 Like, oh, this is the part where I talk about the dreams and the hopes and the aspirations.

00:02:04.800 This is the part where I talk about my middle-class background.

00:02:06.900 This is the part where I talk about how I prosecuted transnational drug gangs while I was the

00:02:11.460 prosecutor in California.

00:02:14.280 There's no extemporaneous expression, thought, musings, where you can see her thinking.

00:02:22.380 I mean, this is actually one of the things that makes someone more credible in an interview,

00:02:26.220 where they pause, and you can see them thinking it over.

00:02:30.180 Like, hmm, let me give that question thoughtful consideration.

00:02:34.600 Never.

00:02:34.920 Never.

00:02:35.660 She would be in a full panic because she doesn't have the confidence to do that.

00:02:41.400 Her appearance on Stephen Colbert last night was next level.

00:02:44.980 He's so gross.

00:02:46.340 He's so gross.

00:02:47.780 I remember the Stephen Colbert who tried to just make us laugh, who was, like, kind of

00:02:53.260 fun, and who, while we always knew he was leftist, didn't realize he hated the other half

00:03:00.380 of the country so much.

00:03:01.340 Boy, we've traveled a long way.

00:03:02.600 Okay, so we're going to get to all that, and then later today, oh, we have such a good Kelly's

00:03:06.420 court.

00:03:06.920 I read through all my Kelly's court stuff today.

00:03:09.060 I mean, it is so good today, and there's so much political news.

00:03:11.880 I was like, oh, shoot, should we do a court?

00:03:13.400 Yeah, we're doing a court.

00:03:14.480 There are big updates in the Diddy case, Scott Peterson case, believe it or not.

00:03:20.220 The Menendez brothers may be getting out of prison for reals.

00:03:24.240 Garth Brooks is being accused of rape.

00:03:27.620 He denies it.

00:03:29.200 And we'll see if we get to the other cases, which are equally compelling on my list.

00:03:34.800 But Martha, the original OGs of Kelly's quarter here, Mark Eglars and Arthur Aydala.

00:03:40.560 Okay, but we start today with Batya Angarsargan.

00:03:42.700 She's opinion editor for Newsweek and author of Second Class, How the Elites Betrayed America's

00:03:47.500 Working Men and Women, which could not be more relevant.

00:03:51.440 This show encourages honest conversations, which is not always easy in today's media

00:03:56.220 environment with big tech companies deciding who and what gets amplified and who and what

00:04:01.140 gets censored.

00:04:02.320 But there's a new platform that prioritizes free speech and transparency without controlling

00:04:07.980 the narrative.

00:04:09.440 It's groundbreaking, and it's called Ground News.

00:04:12.400 Ground News is an app and website that aggregates related articles from around the world, highlighting

00:04:18.240 each source's political bias and corporate influence.

00:04:22.000 Ground News reveals for every single story how media narratives are shaping the conversation

00:04:26.220 and who is covering the topic.

00:04:28.320 It makes it easier to navigate the news and may even be helpful to you for the next time

00:04:32.660 your liberal friends send you a headline from their favorite biased news source telling you

00:04:35.980 this is real news.

00:04:36.680 They are offering our viewers 40% off their Vantage plan, which gives you unlimited access

00:04:42.940 to their website and app.

00:04:44.600 Ground News is independent and supported by subscribers, not corporate interests.

00:04:49.740 Check them out at groundnews.com slash Megan.

00:04:52.640 That's ground, G-R-O-U-N-D, news.com slash M-E-G-Y-N, groundnews.com slash Megan.

00:05:00.440 Batya, welcome back to the show.

00:05:02.900 All right.

00:05:03.280 So let's talk about Colbert.

00:05:06.680 All right.

00:05:07.600 She goes on Colbert last night and once again, she arrives as she did on The View yesterday

00:05:15.280 to thunderous applause.

00:05:17.640 You know, of course, they stack the audience with New Yorkers for the most part and Kamala

00:05:21.360 fans.

00:05:22.020 So it makes it look like she's got this same sort of support everywhere.

00:05:26.600 It's 50-50 in the country right now.

00:05:28.740 The polls are very, very tight.

00:05:30.100 We'll have an update on just how tight in a bit.

00:05:32.200 Um, and Colbert asks her the question she's been getting asked, would you do anything

00:05:38.740 differently than what Joe Biden did?

00:05:41.800 She was asked that on The View and she gave Trump a campaign ad, which as we predicted,

00:05:46.400 Trump would make an ad out of within an hour.

00:05:48.180 He did, where she said, um, no, uh, we're the same.

00:05:52.340 I was in on every major decision, which is a disaster for somebody who's running on, you

00:05:57.820 know, move forward.

00:05:58.920 We can't go back.

00:05:59.800 So now Colbert gives her another bite at the apple.

00:06:03.480 And here is how that went in sod eight.

00:06:06.960 Polling shows that a lot of people, especially independent voters, really want this to be

00:06:12.200 a change election and that they tend to break for you in terms of thinking about change.

00:06:17.680 You are a member of the president administration.

00:06:20.540 Under a Harris administration, what would the major changes be and what would stay the

00:06:26.980 same?

00:06:27.640 Sure.

00:06:28.200 Well, I mean, I'm obviously not Joe Biden.

00:06:30.420 Um, and so that would be one change in terms of, but also I think it's important to say

00:06:37.920 with, you know, 28 days to go, I'm not Donald Trump.

00:06:41.000 And so when we think about the significance of what this next generation of leadership looks

00:06:48.640 like, were I to be elected president, it is about, frankly, um, I, I, I, I love the

00:06:55.580 American people and I, I believe in our country.

00:06:58.140 I, I, I love that it is our character and nature to be an ambitious people.

00:07:06.060 You know, we have aspirations.

00:07:07.880 We have dreams.

00:07:08.880 We are, we, we have incredible work ethic and, and, and I just believe that we can create

00:07:16.720 and, and build upon the success we've achieved in a way that we continue to grow opportunity

00:07:23.080 and in that way, grow the strength of our nation.

00:07:25.140 Oh my God.

00:07:26.660 Oh my God.

00:07:27.140 Oh my God.

00:07:27.620 I asked my team to send me that, her interview, I didn't stay up and watch Colbert and they

00:07:32.960 sent it to me in four chunks.

00:07:34.340 I, Debbie Murphy, I missed that chunk.

00:07:37.140 I missed the chunk.

00:07:38.080 I saw it written down in the packet as a highlight.

00:07:41.380 I, that's the first time I've seen that.

00:07:44.360 It's better as a surprise.

00:07:45.480 You're right.

00:07:45.940 That's Canadian Debbie in my ear.

00:07:47.560 Baja, she had a brain glitch.

00:07:49.800 She forgot the question she was asked.

00:07:52.060 You could see she ran out.

00:07:54.520 She was a blank.

00:07:55.580 And then she went back to hopes, dreams, aspirations, and work ethic, which this audience knows we've

00:08:02.320 gone through it umpteen times.

00:08:03.760 That's her, that's her fallback.

00:08:05.400 That's what she likes to say in response to almost everything.

00:08:07.880 She's not a smart person.

00:08:12.120 I watched that clip like 30 times because it just keeps getting better and better.

00:08:17.700 Um, you, it's so amazing how her first answer is, well, I'm not Joe Biden, you know?

00:08:26.380 And then I don't think she realized that was going to be right.

00:08:28.760 Like an applause line.

00:08:29.980 They all laughed.

00:08:30.700 And then, and I'm not Donald Trump, right?

00:08:33.960 It was so amazing.

00:08:35.400 And then you're totally right.

00:08:36.580 There was a glitch.

00:08:37.460 And then she moved into the stump speech, right?

00:08:41.440 Um, here's the thing, Megan.

00:08:43.060 She's not doing this media blitz to convince anybody to vote for her.

00:08:49.740 She's doing the media blitz to reassure the rich people who are already in her camp that

00:08:57.140 she can land this thing, right?

00:08:59.800 She's not actually out there trying to convince swing voters.

00:09:03.580 She's out there speaking to the very wealthy people who are already in her corner.

00:09:08.920 And why do I say wealthy people in her corner?

00:09:11.300 Well, here are a few statistics, okay?

00:09:13.060 In 2020, a quarter of billionaires went for Joe Biden, and only 14% went for Donald Trump.

00:09:21.880 And since 2020, venture capital donors have donated to Democrats at 75%.

00:09:29.260 Hedge fund donors, 68%.

00:09:32.680 Donors of the big three management consultant companies, Megan, 95% of their donations go to

00:09:41.120 Democrats.

00:09:41.720 We talked last time about the Oprahs and the Meryl Streep's.

00:09:46.440 This is who the Democratic Party is.

00:09:49.620 It is rich people who don't have real problems.

00:09:53.440 So how do you get them to feel excited about you?

00:09:56.280 Word salad is fine for them because all they want to see is their own vanity reflected back

00:10:02.220 at them.

00:10:03.060 And just as proof of this, you know that this is an election of one side representing the rich

00:10:09.700 and one side representing the working class because one side is talking about real problems

00:10:15.580 and one side is talking about made up problems, right?

00:10:19.560 What's Kamala Harris running on?

00:10:21.480 An abortion ban that Donald Trump promised he was going to veto, right?

00:10:26.480 A threat to democracy allegedly in the form of Donald Trump, the most popular politician in America,

00:10:33.620 right?

00:10:33.980 And the so-called divisiveness of Donald Trump, who has unified working class Americans of all races for the

00:10:42.000 first time in generations.

00:10:43.780 These are made up problems to make rich people feel like they're backing something important.

00:10:49.220 Now look at what Donald Trump is running on.

00:10:51.800 A wide open border, which has resulted in crime, but more importantly, the absolute plummeting of the wages of working class Americans.

00:11:02.400 Donald Trump is running on offshoring of manufacturing.

00:11:07.820 Donald Trump is running on wages and working conditions for working class Americans.

00:11:12.900 And most crucially, Donald Trump is running on the fact that for most working class Americans,

00:11:17.420 the American dream has become a fantasy, okay?

00:11:20.820 So you look at the platforms of both sides and it immediately tells you not so much who the candidate is,

00:11:27.600 but who their base is, who they're speaking to.

00:11:30.780 It could not be clearer.

00:11:32.700 That's so interesting.

00:11:33.880 Now, speaking of billionaires, this came up between Colbert and Kamala last night.

00:11:39.620 Would you look at this, Satu?

00:11:43.940 There are quite a few billionaires who support you.

00:11:47.000 You are from Northern California, after all, where they grow them in fields out there.

00:11:51.760 Who's your favorite billionaire?

00:11:53.160 Because we all have a favorite billionaire.

00:11:55.160 On three.

00:11:56.040 One, two, three.

00:11:57.320 Oprah.

00:11:58.140 I'm sorry.

00:11:58.640 I claimed Oprah.

00:12:01.960 You can't take her now.

00:12:05.160 It's stomach turning to me.

00:12:07.720 What's happened to him is what happens to virtually every news personality and late night personality

00:12:15.420 and host of popular shows, podcasts, et cetera, which is they start getting invited to parties with Jennifer Aniston, et cetera.

00:12:25.800 And they start thinking they're finally one of the cool kids.

00:12:30.620 Everyone likes them.

00:12:31.740 They can go to parties where they see very well-known Hollywood stars who make them feel important, like they're on the inside circle.

00:12:38.580 And then they drink the Kool-Aid and they start talking like that in a way that really projects, I have no balls.

00:12:47.040 I'm sorry.

00:12:47.520 I don't know what happened to my testicles.

00:12:49.400 Perhaps you would like to take them, madam.

00:12:51.060 I see you've taken them from your vice president.

00:12:53.000 It's amazing to me that he would embarrass himself that way and that they would think it's good politics to get up there being so chummy, chum, chum about how close they are with billionaires like Oprah.

00:13:07.200 Somebody tweeted this.

00:13:10.060 I wish I remember who it was, but it is so smart.

00:13:12.180 He said Colbert came up and made his name playing a loving portrayal of a sort of useful idiot, you know, a sort of dum-dum on the right who meant well but was, you know, a real idiot.

00:13:24.980 And now he's playing a useful idiot in a very loving portrayal of the left, a real dum-dum who means well but doesn't know anything, only he doesn't realize it this time.

00:13:37.200 And I thought that that was so apt.

00:13:39.800 It is so sad what has happened to him because his initial portrayal of the sort of useful idiot of the right was truly very lovable.

00:13:49.580 I mean, he managed in his iteration on The Daily Show to sort of have a kind of compassionate take on, you know, the side he didn't agree with.

00:14:00.560 But now that he is stuck, as you say, sort of licking the boots of those in power on the left, all of the charm has sort of seeped out of it.

00:14:12.160 And all he is right now is an apparatchik of the Democratic Party, effectively.

00:14:17.700 He's pravda for the Democratic Party.

00:14:19.840 He exists in order to sanitize the worst parts of their agenda.

00:14:24.980 And it is, it really breaks my heart, Megan.

00:14:27.940 It's crazy because he's at least news adjacent over there at CBS.

00:14:34.860 I mean, literally news adjacent.

00:14:36.960 Like, the whole organization is a stone's throw from his studio.

00:14:42.360 So he understands what's in the news because that is what he bases his monologue on at night.

00:14:47.280 It's always one-sided, but he understands what's in the news.

00:14:49.880 And so you would think he would understand one basic fact about foreign relations.

00:14:55.280 No wars under Trump and wars under Harris Biden.

00:15:00.360 Okay?

00:15:00.780 Like Ukraine, for example.

00:15:02.680 You don't have to be neck deep in foreign policy.

00:15:04.920 You don't have to be going to the Council on Foreign Relations to figure out that Ukraine, there's a direct line from our disastrous Afghanistan withdrawal.

00:15:14.560 Both left and right-leaning foreign policy analysts have said so.

00:15:19.880 So she gets out there and starts talking about how Trump can't handle these authoritarians from other countries.

00:15:30.780 He's an idiot.

00:15:31.660 He's the useful idiot in their hands.

00:15:34.840 He gets played.

00:15:36.720 And then she spins it into a comment on the latest Woodward book.

00:15:42.280 He always drops these books right before elections and people freak out.

00:15:45.400 Oh, my God.

00:15:45.800 Oh, look at that.

00:15:46.240 And then they mean nothing.

00:15:47.100 But there's a tidbit in there about Trump allegedly sending Putin COVID tests in 2020.

00:15:54.660 Literally nobody gives two shits whether he did that or not.

00:15:57.020 I mean, truly, nobody who's not a far-left Democrat cares about.

00:16:00.580 So what?

00:16:01.080 Look at this.

00:16:03.260 He has said he wants to be a dictator on day one if he were elected again as president.

00:16:07.940 He gets played by these guys.

00:16:11.040 He admires so-called strongmen and he gets played because they flatter him or offer him favor.

00:16:19.160 Everything I've heard about Bob Woodward's book is right.

00:16:23.440 Donald Trump secretly sent COVID test kits to Putin for his personal use.

00:16:30.280 I ask everyone here and everyone who is watching, you remember what those days were like?

00:16:36.020 You remember how many people did not have tests and were trying to scramble to get them?

00:16:43.980 You remember how rare it was to have one?

00:16:46.840 You remember people by the hundreds were dying every day and this man is giving COVID test kits to Vladimir Putin?

00:16:54.280 I do remember what those days were like.

00:16:59.080 There was no war.

00:17:00.340 There was no invasion by Russia and Vladimir Putin of Ukraine.

00:17:05.100 And no one gives a damn whether he, in an effort to maintain a relationship with Putin,

00:17:11.840 which might be potentially important for a president,

00:17:15.420 gave him, the leader of another country, some tests to figure out whether he had COVID.

00:17:21.460 COVID this, this is, well, she thinks she's slamming the ball here.

00:17:25.600 She thinks she's having an end zone moment, Patia.

00:17:28.640 It's so funny.

00:17:29.580 She's talking like COVID tests are COVID vaccines.

00:17:33.420 You know what I mean?

00:17:33.980 Like the outrage in her voice, it's as if they had the ability to like cure somebody.

00:17:39.100 That's totally right, Megan.

00:17:41.180 You are totally right.

00:17:42.680 In 2020, there was no Ukraine war because Donald Trump had good relationships with Putin.

00:17:49.680 And when he becomes president again, if he becomes president again,

00:17:54.400 he will again have a good relationship with Putin,

00:17:57.200 which is what you want when you're trying to end a war with somebody like Putin who has nuclear weapons.

00:18:04.900 I mean, they act like what you want is to be at war with everybody.

00:18:08.920 That's not what you want.

00:18:10.260 You want peace through strength.

00:18:11.760 You want peace through deterrence.

00:18:13.400 And Donald Trump was the first American president under whom there were no new wars.

00:18:19.240 And they just have to erase that because they cannot stand what he accomplished,

00:18:24.480 which was to take a quite pro-war party in the Republican Party before Trump and say,

00:18:30.620 actually, we're going to be the anti-war party.

00:18:33.900 And it is so amazing, Megan.

00:18:35.260 The Democrats have so much Trump derangement syndrome.

00:18:38.760 Whatever he does, they have to do the opposite.

00:18:40.600 He controlled the border.

00:18:42.260 They opened the border.

00:18:43.520 He was anti-war.

00:18:44.740 Suddenly, they have to wage this war.

00:18:46.320 And really, make no mistake about it, the reason that Joe Biden was such a cheerleader

00:18:51.720 for this war in Ukraine and so insistent on poking the Russian bear in such a way

00:18:58.660 that I think it was Kamala Harris herself who insisted that Ukraine was going to join NATO,

00:19:03.360 which, of course, was one of the main reasons that Putin gave for why he invaded Ukraine

00:19:07.980 in the first place, it's because they blame Vladimir Putin for Donald Trump's victory in

00:19:13.680 2016 in a totally free and fair United States election that the Democrats, for all their

00:19:20.340 talk of where the defenders of democracy never accepted the veracity of, never accepted the

00:19:26.360 legitimacy of, so much so that I'm sure you remember this, Megan, but when Barack Obama

00:19:32.500 and Mitt Romney were debating in 2012, they got asked, what is the greatest threat to the United

00:19:38.920 States?

00:19:39.380 And it was Mitt Romney, the Republican, who said Russia and Barack Obama basically laughed

00:19:45.180 him off the stage.

00:19:46.420 Said the 1980s call, they want their foreign policy back.

00:19:49.140 Exactly.

00:19:50.120 Who could possibly think of Russia as anything but a potential ally in our fight against our

00:19:55.000 true greatest threat, which is China, right?

00:19:57.040 That was the reasonable Democratic take until Donald Trump showed up and Hillary Clinton

00:20:02.800 became convinced that it was Vladimir Putin who got him elected.

00:20:07.020 And that is the source of their cheerleading and their rah, rah, rah for this war and refusing

00:20:13.000 to even countenance the idea that you get out of a war through diplomacy.

00:20:17.520 They have cut off every avenue possible for that.

00:20:20.440 And of course, when Trump says he will be able to resolve this quickly, it is completely,

00:20:24.800 completely the case.

00:20:25.880 It's amazing how, no matter how friendly the forum, she doesn't seem comfortable being

00:20:35.720 with people.

00:20:36.780 Like, she doesn't seem to have the gear where you can really connect.

00:20:39.320 She certainly doesn't have the Bill Clinton, like, I feel your pain.

00:20:42.340 She doesn't talk about people's economic problems in any way, shape, or form like that

00:20:46.620 because she created them.

00:20:48.280 I mean, honestly, that's not just a line.

00:20:50.220 She and her boss, Joe Biden, created their problems.

00:20:52.680 So maybe that's why she doesn't feel like she can express empathy for what people are

00:20:57.280 going through.

00:20:58.140 It's more about, you know, mostly gaslighting that they're not, that the economy's back,

00:21:02.960 except for these grocery prices, which she's going to fix with her magic wand.

00:21:06.420 Um, so she, she gets asked by, um, Colbert, um, oh, about the hurricane, about Helene and

00:21:16.420 about Milton, which I have to say, my friend Donna, she was saying Hurricane Milton, she's

00:21:22.220 got a home down in the, in the target area.

00:21:24.220 She was saying, um, it just, it sounds like your sweet old uncle, you know, Milton.

00:21:28.980 It's not, it's not a name like you would attach to a monster hurricane, but he's not sweet

00:21:33.960 and he's not old.

00:21:35.120 He's young and robust and he's coming for us and everybody needs to pay attention.

00:21:38.520 She got asked about the hurricane and would you, she unveils a new Jamaican accent among

00:21:44.800 other problems here.

00:21:46.320 Listen.

00:21:47.180 Tell you, there are plenty of leaders who are working in a bipartisan way.

00:21:50.480 I've talked to governors of both parties who are working in a bipartisan way to get the

00:21:56.540 aid to people on the ground and, um, and I'm going to continue to do that work.

00:22:00.240 I know the governor of Cooper and Governor McMaster and Governor Kemp are doing what's

00:22:02.700 right for the people of their state.

00:22:04.340 They are.

00:22:05.320 They are.

00:22:06.740 And they should be commended.

00:22:08.640 They should be commended.

00:22:09.700 This kind of manipulation is a, a, a, a cynical and corrupt, uh, luxury that people are

00:22:16.380 using.

00:22:16.560 And it's crude.

00:22:17.680 Have you no empathy man?

00:22:19.540 Yes.

00:22:20.900 You know, for the, the suffering of other people, have you no sense of purpose?

00:22:29.000 If you purport to be a leader, to understand that being a leader means lifting people up

00:22:35.120 in a time of need and not manipulating them.

00:22:41.300 Have you no empathy man?

00:22:43.960 Yeah.

00:22:44.940 Pass the ganch.

00:22:45.720 That was, that was kind of Indian instead of Jamaican.

00:22:51.300 She, it doesn't, it doesn't matter.

00:22:54.360 She tries a new one out every week.

00:22:57.020 We, it's like, really, it is like going to Epcot with Kamala Harris.

00:23:00.080 You hear a new culture or accent debuted every other week.

00:23:03.940 And then did you, did you catch his job?

00:23:06.800 You catch him?

00:23:07.480 He's like, oh yeah, sure.

00:23:08.780 The governors of North Carolina, South Carolina and Georgia, they've been doing a great job.

00:23:14.380 Hmm.

00:23:14.980 Who is it who he left out?

00:23:17.100 Remind me again, Bajia, who, who does he think is not doing a great job?

00:23:20.620 Only the one person who has protected more Floridian lives than probably anybody ever in history,

00:23:28.220 of course.

00:23:28.800 Yeah.

00:23:29.520 Yeah.

00:23:30.580 Yeah.

00:23:30.880 It's, it's amazing.

00:23:31.720 And it's such a split screen with Donald Trump who can go in, into any situation in front of

00:23:36.540 any crowd and totally be himself.

00:23:38.500 You know, it's always Trump.

00:23:41.220 And I was watching, there was a clip that went around yesterday of Senator J.D. Vance and

00:23:47.400 he was at a rally in Michigan and he was asked by a reporter of, you know, there are millions

00:23:53.040 of black people living in this state.

00:23:54.500 Why should they vote for you?

00:23:55.980 And his answer was just so beautiful.

00:23:59.360 It was very humble.

00:24:01.640 The story of black Americans, especially in the city of Detroit, is actually very similar

00:24:07.100 to the story of Appalachian white Americans.

00:24:09.800 We moved to places like Detroit, black and white together because there were good jobs

00:24:14.340 for people who were willing to work hard and play by the rules.

00:24:17.020 And it wasn't always perfect, but for a generation in this country, people, black and white, worked

00:24:22.560 together, raised their families, built things in this country and created prosperity for

00:24:27.580 the entire country.

00:24:29.280 It was also all about how more unites us than divides us, how black Americans and Appalachian

00:24:35.200 Americans have had a very similar story of following the jobs, have had the same kind

00:24:40.100 of devastation to the middle class due to offshoring of manufacturing, how he has a real

00:24:45.540 plan to elevate every American.

00:24:48.560 And it was both so sensitive to the unique needs of certain communities.

00:24:53.140 He talked about how black Americans, of course, want safe streets for their children.

00:24:57.440 And somehow the media acts like that's not the case and that you can't have safe streets

00:25:02.000 while also having a good relationship with the cops.

00:25:04.860 So it was both very, you know, tailor made to answer the question about why specifically

00:25:09.920 black Americans should vote for their ticket.

00:25:12.060 But it was also very unifying.

00:25:14.600 And it was exactly the kind of extemporaneous answer that like you started with Megan, you

00:25:20.580 could see him consider the question and just show his heart.

00:25:24.620 I mean, that's really what's inside, which is every American deserves the American dream.

00:25:29.760 Um, it's such a stark contrast between the two tickets.

00:25:33.700 Well, it makes perfect sense because he truly lived it.

00:25:36.420 I mean, he truly, she wants us to think she was born middle-class with all of this is nonsense

00:25:40.500 story.

00:25:41.240 I mean, she grew up upper middle-class at the lowest in Canada, by the way, but okay, we've

00:25:47.060 heard that, but he actually did.

00:25:48.600 He, he wasn't middle-class for most of his life.

00:25:50.280 He was working class.

00:25:51.140 He, his grandmother had a little bit of a better life.

00:25:54.380 And so when he was living with her, he moved up to middle-class, but everything thereafter

00:25:58.220 was completely his own doing.

00:25:59.860 He's entirely self-made and defied all odds, uh, despite his adverse childhood experiences

00:26:06.040 to become first a U S Senator and then the vice presidential nominee.

00:26:10.420 So speaking of showing your real character, when you're in these settings, she can't do

00:26:15.060 it.

00:26:15.200 She's all over the place with her weird accents and her rehearsed lines about the dreams and

00:26:19.660 the aspirations and trying to engender real outrage, outrage over the fact that Putin got

00:26:26.760 COVID tests.

00:26:28.260 And then here you see their mistake because someone on the Kamala Harris team must have

00:26:33.780 realized it's a little risky putting her on a late night show because ostensibly the whole

00:26:40.840 purpose of those shows is to make you laugh.

00:26:45.080 This is a problem for her.

00:26:48.340 Everyone knows why they've stifled the laugh.

00:26:51.520 We joked on this show that they put her on some sort of tranquilizer or downer, or made

00:26:56.220 sure she was hung over for her first interview with her emotional support, governor Tim Wallace,

00:27:00.620 when she sat with Dana bash.

00:27:02.120 Now she's losing it up a little bit more.

00:27:04.180 They're letting her out there.

00:27:05.400 They went too far.

00:27:06.900 The cackle returned and let's not forget who her main problem is with men, men, men.

00:27:12.920 And unlike the sex podcast and the view Colbert probably does have men watching.

00:27:18.660 Like it's probably a split audience, if not more heavily favored toward male.

00:27:23.140 I don't know, but there's no way it's just for women.

00:27:25.720 So you got to be careful about her coming crosses on across as unlikable or shrewy or just like

00:27:33.180 nails on a chalkboard to somebody who reminds them of their annoying, like seventh grade math

00:27:37.180 teacher, the return of the cackle.

00:27:40.120 I'm sorry.

00:27:55.580 Because I can't just be given a drink to the vice president.

00:27:58.860 There you go.

00:28:01.440 Oh my God.

00:28:02.500 Um, so, uh, you know, it made me laugh at how cringy it is.

00:28:17.400 Look, I know it's a late night show.

00:28:19.500 I don't look, I don't know if this is sexist.

00:28:23.200 I'm trying to figure out whether I'd be saying this if it were a male.

00:28:25.320 I think I would, but there's the, also the image of the first potential female president

00:28:30.100 and trying to maintain your image or in her case, build it of a serious person of being

00:28:37.440 a serious person who is, yes, you can laugh here or there.

00:28:39.680 You can have a good time, but not to come across as a giggling, cackling school girl,

00:28:45.400 especially while people are about to die.

00:28:47.460 I mean, we're going to have hundreds of people, unfortunately die as this hurricane hits.

00:28:51.520 And that is the subject that they were about to discuss and she well knew it.

00:28:56.680 Yeah, I think it's very interesting how you phrase it, Megan, about, you know,

00:29:00.520 a question of competence, right?

00:29:02.000 I think when, when, um, Hillary Clinton would laugh, right?

00:29:05.860 There's a clip that was recently circulating of her, um, at an event where, um, Donald Trump

00:29:11.360 was, um, it was one of these dinners where there was a roast and Donald Trump made a joke

00:29:15.200 about how, you know, Hillary Clinton bumped into me.

00:29:17.500 And then she said, pardon me, you know, it's a great clip.

00:29:21.440 And she laughs very hard at it.

00:29:23.860 Yes, yes, exactly.

00:29:25.220 Um, and she laughs very hard and it's very charming that she's able to laugh at herself in that

00:29:30.340 moment.

00:29:30.560 But I think it's because she's obviously incredibly smart.

00:29:33.520 I mean, I don't agree with her about anything, right?

00:29:35.580 I think she would have been disastrous, but she's obviously smart and competent and would

00:29:39.900 have been competent at enacting a policy that I very much disagree with.

00:29:43.460 Right.

00:29:43.740 And so when someone like that, you know, laughs, right?

00:29:46.960 Like it's, there's something about it.

00:29:48.620 We can all partake in it.

00:29:49.840 The problem here is that, you know, it, one really worries that there's not much beneath

00:29:54.900 that, especially because so much of what Harris appears to be doing is acting, right?

00:29:59.900 She's trying to act like a presidential candidate rather than actually.

00:30:04.140 What do you mean, man?

00:30:06.700 Right, exactly.

00:30:08.240 And, you know, and I think the reason she's acting is because nobody actually thinks she

00:30:12.440 will be the president.

00:30:13.440 They think that the sort of permanent bureaucracy of the democratic elite class will be telling

00:30:17.620 her what to do and what to say, and she will go out and do and say whatever they tell her

00:30:21.220 to do, right?

00:30:21.680 Nobody thinks that any of the ideas she's presenting are her own.

00:30:25.460 Nobody thinks that as president, she will be in charge, right?

00:30:29.020 They think that the exact same people who have been, you know, running the show for Joe Biden

00:30:33.660 all this time, Alejandro Mayorkas, Tony Blinken, right?

00:30:37.320 All of these like massive disasters will probably stay in place and keep doing what they're

00:30:41.220 doing.

00:30:41.640 Exactly.

00:30:42.600 So I think that's kind of what, what people are reacting to.

00:30:45.060 I was really, really, really put off by the beer moment.

00:30:48.320 Like just be real.

00:30:50.320 Like nobody thinks you drink Miller Lite at home.

00:30:53.400 Like literally just be normal.

00:30:55.340 Like, okay, you want to do a beer moment, get a craft beer, like something we could actually

00:30:59.700 picture you drinking in your fancy.

00:31:01.580 Let me show them that.

00:31:02.540 Let me show them.

00:31:03.900 Here's the beer moment.

00:31:05.640 First became the nominee and, uh, and named Tim Walls as your, your vice president, uh,

00:31:10.960 nominee.

00:31:11.620 Uh, people are calling it the vibe election.

00:31:13.360 Everybody, all the vibes were all good, but elections I think are one on vibes because

00:31:16.980 one of the old saws is I, they just want somebody that they can have a beer with.

00:31:20.360 So would you like to have a beer with me so I can tell people what that's like?

00:31:24.400 Okay.

00:31:25.760 This was, now we asked ahead of time because I can't just be given a drink to the vice president

00:31:31.160 of the United States, but I'd ask you, you asked for Miller High Life.

00:31:33.540 You asked for Miller High Life.

00:31:35.740 I'm just curious.

00:31:37.860 Okay.

00:31:38.400 The last time I had beer was at a baseball game with Doug.

00:31:43.060 Okay.

00:31:43.360 So cheers.

00:31:44.080 Cheers.

00:31:44.800 There you go.

00:31:50.000 Ooh.

00:31:51.780 That tastes like the beautiful city of Milwaukee, Wisconsin.

00:31:54.500 The champagne of beers.

00:31:55.760 There you go.

00:31:58.780 Oh my God.

00:31:59.400 So we've answered the question.

00:32:00.340 We do not want to have a beer with her.

00:32:01.880 I appreciate the public service.

00:32:03.200 Keep going.

00:32:05.660 She comes off to me kind of like a party girl.

00:32:07.820 I think she would be fun to have a beer with.

00:32:09.820 I just think there's not much.

00:32:10.900 I bet she's had a lot of drinks.

00:32:12.620 Yeah.

00:32:13.140 I mean, but the way she says like the champagne of beers and suddenly you're like, oh yeah,

00:32:18.040 this is a person who probably drinks champagne much more than they drink beer.

00:32:21.640 All right.

00:32:21.900 Like it's the fakeness of it, all the overplayed fakeness and pandering of, you know, it just

00:32:28.660 doesn't quite come off the gap between who we're supposed to think she is and who she

00:32:34.400 actually is.

00:32:35.380 Like there's always just a little bit of friction and I don't know once.

00:32:39.460 And you know what else?

00:32:40.100 Can I just add to that?

00:32:41.300 Here's the problem.

00:32:42.120 I blame that on him mostly.

00:32:44.300 He's 80% to blame and she's 20% to blame because as he pointed out, they asked in advance

00:32:49.460 for sure they asked about the whole gag, the whole beer thing in advance.

00:32:54.020 And she said yes, which she shouldn't have done because I mean, I do believe she's a

00:32:58.660 drinker.

00:32:59.260 That's fine.

00:32:59.980 A lot of Americans drink.

00:33:01.700 I feel like she might drink more than the average person, but okay, that's my own speculation.

00:33:05.920 So I wouldn't highlight it necessarily.

00:33:07.960 It's been a meme on the left because she sounds kind of drunk at a lot of these appearances.

00:33:12.000 So I don't think I'd be like, yeah, let's lean into the alcohol thing.

00:33:14.880 And I do think I'd anticipate one, it's going to bring out the cackle, which we don't want

00:33:21.460 to, it's going to undermine her seriousness, which we actually are trying to establish.

00:33:26.980 So it's not a good idea.

00:33:28.160 And three, it isn't authentic to who she is.

00:33:30.180 She's probably not a beer drinker.

00:33:31.380 So why do this?

00:33:32.740 Like pick another gag, do something that's closer to home, but she doesn't have the confidence

00:33:37.220 to know who she is, you know, to say that one's not for me.

00:33:40.880 I think it's probably a case of going along with the handler saying, it'll be great.

00:33:45.680 Yeah.

00:33:46.280 I think that the crisis in confidence is very real.

00:33:49.700 She is being undermined probably by everyone around her.

00:33:52.640 I mean, before these interviews, right, somebody on her team had to explain to her, oh no, Madam

00:33:58.280 Vice President, we don't think you're up to this.

00:34:01.200 Right?

00:34:01.500 I mean, like, can you imagine what those conversations were like?

00:34:04.200 I think men are really put off by that, by the crisis in confidence.

00:34:07.320 But also, of course, like when you look at this gender divide, you look at the two campaigns

00:34:12.700 and you have the Harris campaign, which is really going for the female college educated

00:34:17.740 vote.

00:34:18.340 And then you have the Trump campaign, which is really, really doing well with working class

00:34:23.880 men of all races.

00:34:25.120 And I think a lot of that has to do with, again, economic policy.

00:34:29.960 Harris's plan is to tax the rich, take all that money and hand it out to people who are,

00:34:35.460 you know, below the poverty line or what have you.

00:34:38.020 And Trump's plan is to create an economy in which people who work hard will make more

00:34:44.600 money and be able to keep more of the money that they made.

00:34:47.260 Those are two fundamentally different understandings of how you treat the economy, how you elevate

00:34:53.720 people.

00:34:54.760 And I think, obviously, one of those models appeals to men much more because it's based

00:34:58.820 on autonomy.

00:35:00.320 It's based on confidence.

00:35:01.920 It's based on freedom.

00:35:03.400 Right?

00:35:03.580 You work, you get your money, you live your life.

00:35:06.980 Right?

00:35:07.140 And the other model is based on a much more paternalistic model.

00:35:10.680 Right?

00:35:11.240 You rich people are going to feel much better about yourselves because we're going to raise

00:35:14.860 your taxes, which, of course, rich people love paying higher taxes if they're liberals.

00:35:18.240 We're going to take that money.

00:35:19.520 And then we, the nanny state, are going to give it away to the people who we consider to

00:35:24.340 be deserving.

00:35:25.160 It's a much more feminine female model.

00:35:27.940 Right?

00:35:28.420 And I think that that's really what you're seeing here is this big gender divide mapping onto the

00:35:32.500 class divide.

00:35:34.080 That's interesting.

00:35:35.160 I mean, the Democrats for a long time took the working class for granted as a voting

00:35:40.280 block, as they did black voters who are slowly but surely greater than they used to migrating

00:35:47.900 toward, if not the Republican Party, toward Trump and the working class and the union vote.

00:35:54.180 I mean, it's been so interesting to watch what's happening.

00:35:57.480 We talked about another incident this week, but the Teamsters head went on the Theo Vaughn

00:36:03.080 podcast and really let it rip about why they did not endorse Kamala Harris, a Democrat, and

00:36:11.580 they chose just not to endorse because 60% of their members wanted Trump.

00:36:16.180 And he spoke a bit to the damn sense of entitlement these Democrats have when it comes to the union

00:36:22.700 vote.

00:36:23.240 He, and it sounds like his members, are sick of it.

00:36:27.300 Here's thought 26.

00:36:29.500 I'll be honest with you.

00:36:30.480 I'm a Democrat, but they have fucked us over for the last 40 years.

00:36:34.560 I've been in office two and a half years.

00:36:36.740 We've given the Democratic machine $15.7 million.

00:36:41.400 We've given Republicans about $340,000, truth be told.

00:36:45.560 So it's like, you know, people say the Democratic Party is the party of the working people.

00:36:49.240 They're bought and paid for by big tech.

00:36:51.160 And the Democrats, if 60% of our members aren't supporting you, the fucking system's broken.

00:36:56.560 I mean, I had a heated debate with, heated discussion two weeks ago with Chuck Schumer.

00:37:01.260 And I'm like, you had no problem taking $550,000 from me three weeks prior to me going on the

00:37:07.500 Republican National Convention.

00:37:08.960 And then you want to be a fucking tough guy on Twitter or X or whatever it is and throw

00:37:13.440 shit out there about me?

00:37:14.400 I love, love, love his accent and his, he's wearing a t-shirt that reads

00:37:19.700 Teamsters versus everybody.

00:37:22.140 What did you make of it?

00:37:23.980 First of all, I think that man belongs on People Magazine's Sexiest Men Alive.

00:37:30.200 I'm not the only woman who feels that way.

00:37:34.520 That's what a man looks like, okay?

00:37:36.500 That is what a man looks like who stands up for men and stands up for their rights and

00:37:42.420 stands up for an economy that rewards hard work.

00:37:46.220 And I just think that's great.

00:37:48.420 I think Republicans, you have such an opportunity with Sean O'Brien.

00:37:53.180 He is a leader and he represents 1.3 million Teamsters.

00:37:58.600 And we have seen that this man has balls of steel.

00:38:01.000 He is not going to let anybody mess around with him or shove him around or push him around.

00:38:05.760 He's going to represent their interests.

00:38:08.220 Whatever side of whatever labor issue Sean O'Brien is on is on the right side.

00:38:13.940 And there is just such an opportunity here for the Republican Party and Republican leadership

00:38:20.320 to understand who their base is.

00:38:23.880 Their base is the 60% of Teamsters who are voting for Trump, who are in a union, because

00:38:30.640 you cannot take on this economy alone.

00:38:33.500 So I just think that this is so great.

00:38:36.020 Every word out of that man's mouth is gold.

00:38:38.200 I watched the whole interview.

00:38:39.320 It's so fabulous and really, really worth watching.

00:38:41.960 But Megan, we're seeing a realignment here.

00:38:45.340 These are people who the Democrats took for granted and they will no longer accept that.

00:38:50.780 He's the first union, major national union, not to endorse a Democrat.

00:38:55.020 He will not be the last.

00:38:56.240 I mean, this was a watershed, watershed moment.

00:38:58.680 The firefighters union, she was just trying to court, came to the same conclusion.

00:39:03.580 Absolutely.

00:39:04.640 And if the GOP after Trump, you know, God willing, you know, in four years, if the GOP tries to

00:39:12.260 go back to the pre-Trump version on foreign entanglements, on questions like economics,

00:39:19.780 forget it.

00:39:20.560 It's dead in the water.

00:39:22.260 It's dead in the water.

00:39:23.380 I mean, they have to be paying attention to this.

00:39:26.960 You know, I mentioned at the top of the show that there's some interesting polling information

00:39:32.500 out right now, and it's got the Democrats scared.

00:39:35.980 Some Democrats very scared is from swing states.

00:39:39.000 Mark Halperin was talking about it on two way in the in the blue wall states.

00:39:43.680 There are still Republicans who are scared about what will happen if Trump loses, what will

00:39:48.380 happen.

00:39:48.540 But it is interesting to hear people express themselves when it comes to their fear about

00:39:54.840 the stakes of this election.

00:39:56.540 And that brings me to Howard Stern and his interview of Kamala Harris, where he put the

00:40:03.580 cards on the table about how he was feeling, in particular about her latest media tour, which

00:40:09.580 did not include Saturday Night Live, but she was lampooned on it a little.

00:40:14.400 A lampoon may be too strong, but she was mocked, as they usually do, just to Republicans.

00:40:19.720 Take a listen.

00:40:21.840 When you said you don't nap, I get it, because what you've taken on is extraordinarily difficult.

00:40:28.340 And I mean, do you feel the pressure of the moment in the sense that, like when I met you

00:40:33.080 out in the hall, I said, I'm really nervous because I want this to go well for you.

00:40:36.540 I want it to go well for the country.

00:40:37.960 Even when I watch them on Saturday Night Live with the, where they have Maya Rudolph playing

00:40:43.180 you, I hate it.

00:40:44.920 I don't want you being made fun of.

00:40:47.080 I, I, I, I, there's too much at stake.

00:40:49.680 I believe the entire future of this country right now.

00:40:52.440 I mean, as America landed the free home of the brave, I think it's literally on the line.

00:40:57.500 I agree with you.

00:40:58.080 And when I see them, how did you react to the Saturday Night Live bit?

00:41:02.040 Well, I just saw it actually.

00:41:03.840 And it was funny.

00:41:04.760 I, I am a huge fan of Maya Rudolph.

00:41:06.780 So I think she put a lot of time into the, to doing the, the piece and, and, and the character.

00:41:13.740 Okay.

00:41:14.200 So I do think it's interesting.

00:41:15.520 He's, he's very scared.

00:41:17.040 A lot of Democrat, I hear this from a lot of my Democrat friends.

00:41:19.820 They're scared of Trump winning again.

00:41:22.940 They're scared of Trump.

00:41:23.820 Republicans are scared about what's going to happen to the country if she wins again.

00:41:29.480 But then back to Sean O'Brien, you got him talking about Trump like this.

00:41:35.240 Listen to SOT 27.

00:41:37.800 No other nominee in the race would have invited the team says into this arena.

00:41:43.860 Now you can have whatever opinion you want, but one thing is clear.

00:41:48.540 President Trump is a candidate who is not afraid of hearing from new, loud, and often critical voices.

00:41:57.920 And I think we all can agree whether people like him or they don't like him.

00:42:04.160 In light of what happened to him on Saturday, he has proven to be one tough SOB.

00:42:10.860 That was at the RNC.

00:42:16.880 It's interesting to me, right?

00:42:18.240 It's like Trump gets up after being shot with the fight, fight, and you got the Teamsters Union president saying he's one tough SOB.

00:42:26.420 And on the left, you have, like, real fear that she's being mocked on Saturday Night Live.

00:42:33.100 Like, it's crazy, right?

00:42:35.500 It's crazy, the split narratives.

00:42:37.320 First of all, the portrayal of her on SNL is so flattering.

00:42:43.480 It really turns my stomach.

00:42:45.740 It's just so, it's such a pretense of making fun of her.

00:42:48.820 All the jokes are flattering and nice.

00:42:51.740 You know, they're so careful.

00:42:53.600 It's so gross because it's such a contrast, Megan, not only with how they portray Republicans,

00:42:58.300 but now that Biden's off the ticket, right?

00:43:01.400 Now that Biden is, like, the butt of their jokes, they can joke about him, right?

00:43:05.780 Like, he also now gets a very cruel, I found, portrayal.

00:43:10.100 Very nasty and mean.

00:43:12.220 Like, don't talk that way about an old person.

00:43:14.520 I don't know.

00:43:14.940 I'm sorry.

00:43:15.500 It's just, and they would never do it if he had.

00:43:18.800 I mean, he speaks.

00:43:19.700 It shows to me that they, that he no longer has power, right?

00:43:23.460 They're not afraid of offending him.

00:43:24.940 Because, like, basically all of their portrayals of people who have power in their minds are

00:43:30.100 incredibly flattering.

00:43:31.200 Like, the whole pretense that this is, like, taking on power is, like, but the Howard Stern

00:43:36.480 thing, I mean, my God, you know, this is maybe harsh, but people who say they're going to leave

00:43:43.800 this country if Trump wins, people who say this country will no longer be this country if Trump

00:43:48.200 wins, or if Kamala wins, leave.

00:43:50.920 Get out.

00:43:51.400 We don't need you.

00:43:52.500 We need Americans who are in love with this country and who will do anything for this country.

00:43:57.720 And that doesn't mean leaving if you lose a free and fair election.

00:44:02.160 You stick around and you fight for your country.

00:44:04.860 And I am so disgusted by people using such extremist language.

00:44:09.900 Yeah, you might not like what they do.

00:44:12.400 Trump was in office for four years.

00:44:14.780 The country was doing great.

00:44:16.180 Everybody knows it.

00:44:17.420 And they might not admit it, but they know it.

00:44:19.660 Do you know, Megan, in 2019, the bottom 25% of wage earners saw a 4.5% wage increase.

00:44:26.480 You know, like, that was the first time in 60 years.

00:44:29.800 And meanwhile, the top 25% only saw a 2% wage increase, meaning Trump was the first president

00:44:34.860 in 60 years to shrink the wealth gap.

00:44:37.880 I thought leftists are supposed to care about that stuff.

00:44:40.400 I thought they're supposed to care about the middle class.

00:44:42.560 Wages went up for the lower middle class and taxes went down.

00:44:46.200 I mean, it's like, it's a pretty good combo.

00:44:48.200 And he managed to cut taxes for the people who are the job creators, too, which makes

00:44:52.300 them create more jobs.

00:44:54.140 The reference you make to leaving the country was another piece of their discussion.

00:44:57.380 Here it is, top 12.

00:44:58.220 If he wins, God forbid, would you feel safe in this country?

00:45:04.620 Would you stay in this country?

00:45:06.220 Howard, I'm doing everything I can to make sure he does not win.

00:45:09.260 Well, what if he does?

00:45:10.640 How can you be safe?

00:45:11.860 He's saying, oh, I'm just going to do whatever the hell I want.

00:45:14.260 This time, I know what I need to do.

00:45:16.220 You know what?

00:45:16.780 All of those former officials from national security, the over 200 Republicans who worked

00:45:24.460 with both presidents, Bush, Mitt Romney, John McCain, who are endorsing me, the former

00:45:30.140 vice president, Dick Cheney, who was voting for me along with his daughter, Liz Cheney.

00:45:34.380 We are building a coalition of people that are Republicans, independents, Democrats,

00:45:41.700 libertarians, all stripes of Americans who are coming together to say, you know what?

00:45:46.740 This election is about putting country before party.

00:45:50.340 That this is not responsive.

00:45:51.540 Saying, do we want a president who's going to abide by the oath to support and defend the

00:45:56.320 Constitution of the United States or someone who is full time engaged?

00:45:59.160 But here's the thing, Baja.

00:45:59.980 There's only one answer to that question from somebody who's asking us to make her commander

00:46:04.240 in chief and president.

00:46:05.560 Of course, I am not leaving the country.

00:46:08.440 Of course, I actually believe in America and I'm not going anywhere.

00:46:14.260 Trump already won once, was president for four years.

00:46:17.940 And you know what happened?

00:46:19.120 We won it.

00:46:20.260 That's how she should have answered.

00:46:21.260 We won it on the back end.

00:46:22.660 And we've had four robust years, however she wants to spin her years as vice president and

00:46:26.740 Biden's as president.

00:46:27.800 And we will have another rough four if he wins, but we will be OK.

00:46:33.000 She can't say that, given how they've worked so tirelessly to turn Trump into Hitler, a true

00:46:40.540 existential threat to America.

00:46:42.920 So she's got to keep it open.

00:46:44.380 I might leave.

00:46:46.320 It's so insane.

00:46:47.540 You know, when he says, will you feel safe in America?

00:46:50.240 Like, what does he imagine Trump is going to do to Kamala Harris?

00:46:53.220 The DOJ.

00:46:54.780 We've seen them espouse this on her media tour.

00:46:57.120 They're all worried that he's going to use the DOJ to go after his political enemies.

00:47:00.420 Hello.

00:47:01.720 Exactly.

00:47:02.400 Exactly.

00:47:03.000 And as is always the case with Democrats, every accusation is a confession.

00:47:07.760 Right.

00:47:08.680 Trump didn't do that to Hillary Clinton.

00:47:11.240 He will not do it to Kamala Harris.

00:47:13.520 But Joe Biden did it to Donald Trump.

00:47:15.900 Right.

00:47:16.180 I mean, it's like they're pretending like, you know, he came up with this idea that has

00:47:21.000 been used against him.

00:47:23.300 It's so infuriating.

00:47:24.540 And again, you know, if you are not willing to fight for this country, leave.

00:47:29.960 You know, we don't need you.

00:47:31.540 Trump is the one who should be asked, will you stay?

00:47:35.360 Because they actually are trying to put him in jail in four different jurisdictions.

00:47:40.760 He should be asked, if you lose, will you stay?

00:47:44.000 My God, what they've already done to you, never mind what they might still.

00:47:47.420 All right.

00:47:48.560 Finally, I want to get to Mark Halperin on his two-way YouTube show.

00:47:52.600 They got into polling problems on Team Blue.

00:47:57.340 Listen.

00:47:57.480 And what I'm telling you is happening in private polling is she's got a problem now.

00:48:03.320 It's not predicting Trump will win.

00:48:04.720 She's got a problem.

00:48:05.700 There's no path without Wisconsin.

00:48:08.140 So you see here, Tammy Baldwin's Senate campaign poll shows Harris down three in Wisconsin.

00:48:12.760 Why is the Baldwin campaign sharing its polling with the Wall Street Journal?

00:48:18.120 Good question.

00:48:18.980 You are sounding the alarm bell in the party.

00:48:21.540 For you Harris people on here complaining that we're talking about problems in the Harris

00:48:25.340 campaign, you're welcome to put your head in the sand about it.

00:48:28.100 If you want to go watch MSNBC primetime and hear how great things are going for the Harris

00:48:32.060 campaign, you're welcome to do that.

00:48:34.040 I just saw some new private polling today that's very robust private polling.

00:48:38.180 She's in a lot of trouble.

00:48:39.380 The conversation I'm having with Trump people and Democrats with data are extremely bullish

00:48:45.300 on Trump's chances in the last 48 hours.

00:48:47.800 Extremely bullish.

00:48:48.540 And he's saying in particular in Pennsylvania, Michigan, and Wisconsin, but he went on to

00:48:55.360 say, think of the seven battleground states, which ones is Harris in danger of losing?

00:48:59.420 I would say Pennsylvania, Michigan, Wisconsin, Arizona, North Carolina, and Georgia.

00:49:04.080 I'm not saying she'll lose all six, but she's in danger.

00:49:06.780 Simon Rosenberg, a Democrat, his latest newsletter says, don't believe any of that.

00:49:11.840 She's ahead in the following 10 or 12 national polls at the national level.

00:49:18.100 And then says, as for Michigan, we've got a Detroit news poll showing her up three in

00:49:23.660 Michigan.

00:49:24.040 But again, you've got a state senator there saying that don't believe that she's down.

00:49:30.120 Something's gone wrong here.

00:49:31.740 So what do you make of it?

00:49:33.520 I think it's a very, very, very close election.

00:49:37.620 It's going to be decided by, you know, 40,000 votes and every vote matters.

00:49:43.720 And this is great for people in our business, right, Megan, because everybody's paying really

00:49:47.780 close attention to everything that's happening.

00:49:49.840 I will say I spoke to an undecided voter on Sunday from Ohio, didn't know who she was going

00:49:55.820 to vote for, has never voted for a Republican before.

00:49:58.920 She called me on Sunday and said, I'm voting Trump.

00:50:01.980 Why?

00:50:02.380 Because of the Vance VP debate, the Vance Walls debate.

00:50:06.420 She just felt, yeah, that Vance had landed it for her.

00:50:10.340 So I don't know how representative it is.

00:50:12.320 I try to talk to as many swing voters as I can, but look, it's very, very, very tight.

00:50:16.360 I think that's kind of, you know, the only thing we can say about it at this point.

00:50:19.720 And it's less than one month to go.

00:50:22.260 I can't believe after this lengthy campaign, we're finally at less than one month.

00:50:27.180 Bhatia, thank you so much.

00:50:28.280 We are back with a great Kelly's Court.

00:50:30.400 Don't miss it.

00:50:31.040 Let me ask you a question.

00:50:32.240 Do you think our country's going in the right direction?

00:50:34.120 Or does it feel like things are falling apart?

00:50:37.300 If you are feeling alarmed, you're not alone.

00:50:39.640 In fact, Americans from all walks of life have taken action to prepare for whatever's

00:50:44.240 coming next.

00:50:45.140 And that could start with having an emergency food supply.

00:50:48.000 My God, with the news, what it is, doesn't that sound like a good idea?

00:50:50.940 Just look at the storms alone, not to mention the political storm coming.

00:50:55.280 Storing food in your home can be valuable in this crazy time in our country, which explains

00:50:58.860 why so many people are preparing.

00:51:00.500 Right now, you can get ready, too, with a three-month emergency food kit from My Patriot

00:51:06.160 Supply.

00:51:07.120 It comes with delicious foods like creamy stroganoff, honey wheat bread, and mushroom

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00:51:16.940 This food kit lasts up to 25 years.

00:51:19.960 Who knows what our country's going to look like then?

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00:51:24.400 Go to preparewithmegan.com right now to order your three-month emergency food kit from My Patriot,

00:51:30.480 My Patriot Supply.

00:51:31.760 That's preparewithmegan.com.

00:51:37.140 Now we turn to Kelly's Court.

00:51:39.060 We have a lot to get to, so let's just do it.

00:51:41.400 We've got the OGs of Kelly's Court way back when it used to be Kendall's Court.

00:51:45.160 These guys were making this segment a star.

00:51:48.560 Arthur Idala, trial attorney and managing partner at Idala, Bertuna, and Cayman's PC, and host

00:51:54.060 of Arthur Idala, Power Hour, and Mark Iglarge, criminal defense attorney at Iglarge Law, which

00:51:59.920 you can find at speaktomark.com.

00:52:02.480 Welcome back, guys.

00:52:03.420 Honestly, here's a scary fact for you.

00:52:06.380 We've been at this together for 20 years.

00:52:10.920 Do you guys?

00:52:12.400 Yes.

00:52:13.880 Yes.

00:52:14.340 We started way back when I was a correspondent in the DC Bureau of Fox.

00:52:18.380 That was 2004.

00:52:20.580 19 at least.

00:52:22.680 But at least we are about to be hitting our 20-year anniversary.

00:52:25.840 Can you believe that, guys?

00:52:27.360 Nice.

00:52:27.980 Yeah.

00:52:28.440 I think it was October of 04.

00:52:31.140 It was one of my first Fox News appearances.

00:52:33.420 My first one was actually with Shep, and who's the wife of the NFL commissioner?

00:52:40.960 Jane Skinner.

00:52:43.500 Skinnerville.

00:52:44.180 Jane.

00:52:44.340 Yes.

00:52:45.200 Wonderful.

00:52:45.760 Oh, you couldn't have been two nicer people.

00:52:47.920 Then you wandered over to Kelly's Court, and you were like, what the hell is this?

00:52:50.820 Kendall's back then.

00:52:51.600 It was Kendall's Court.

00:52:52.660 It wasn't Kelly's Court.

00:52:53.520 It was Kendall's Court.

00:52:54.680 At a minimum, I've made a lot of people.

00:52:56.980 We were appointing the Supreme Court on Supreme Court decisions at times, correct?

00:53:02.620 That's right.

00:53:03.100 I've made a wonderful friend in Arthur over the years.

00:53:06.120 It's been great.

00:53:06.940 Ah.

00:53:07.320 Wow.

00:53:08.040 Me too.

00:53:08.560 I take no offense that you didn't mention me in that.

00:53:12.940 But you and me, come on.

00:53:14.040 We're tight, Megan.

00:53:14.780 We're good.

00:53:15.060 We're good.

00:53:15.500 Of course.

00:53:16.340 Partied Miami.

00:53:17.600 All right.

00:53:17.860 So here is, I guess, I don't even know where to start, so I guess we'll start with the thing

00:53:22.160 most in the news, which is Diddy.

00:53:23.420 But we've got Peterson to go through.

00:53:25.400 We've got Menendez, Garth Brooks.

00:53:27.580 So Diddy, the biggest headline out of his case is he's getting a new judge.

00:53:33.860 A new federal judge has been assigned to his case, sex trafficking and conspiracy and racketeering

00:53:39.020 against him.

00:53:40.100 And what's interesting about it is, according to the reports, that will allow him a third

00:53:44.280 bite at the apple of trying to get bail, which has been denied by the first two federal judges

00:53:49.480 overseeing his case.

00:53:51.240 And man, he's fighting hard to get bail, insisting that he's no flight risk and that he's not

00:54:00.580 a threat to the witnesses.

00:54:03.600 Like, the other judges seem convinced he might actually try to intimidate a witness, which

00:54:08.180 really led them to say, you're not going anywhere.

00:54:09.920 I think everybody's watching this, because if he gets out, who knows what he'll do.

00:54:14.580 Mark, should he get bail?

00:54:16.420 No.

00:54:17.360 In fact, the prosecutors are going to simply say, you're judge shopping.

00:54:20.460 What changed since the last time, right?

00:54:23.600 A judge made a ruling.

00:54:25.260 What change in circumstances occurred since the judge found that there was no possible way

00:54:32.700 that he would somehow return to court if bail was ordered?

00:54:37.620 So I think it's a real easy argument for prosecutors.

00:54:41.440 Nothing has changed except the judge.

00:54:43.620 I know that that's often the case, Mark, but I think this is the appeal that's being filed

00:54:48.940 is an abuse of discretion.

00:54:51.760 So what you're saying is that the judge-

00:54:54.600 Just to make that clear, he's appealing the denial of bail by the earlier judges and will

00:55:00.320 appeal to this third judge to give him bail.

00:55:02.460 Go ahead, Arthur.

00:55:02.980 And so it's not that typically when Mark and I are in state court and you're going from

00:55:08.820 one judge to another, you have to show that something has changed, a witness disappeared

00:55:12.820 or he didn't get indicted or something like that, and you want the bail to be lowered.

00:55:16.600 But here you're just saying, listen, this judge did not weigh the things, weigh the factors

00:55:22.100 appropriately.

00:55:22.960 I respectfully disagree with my brother, Mark.

00:55:25.120 We're talking about $50 million, and that's a lot of money for anyone.

00:55:30.720 But besides that, so let's just say for him, it's not a lot of money.

00:55:34.180 He's wearing an ankle bracelet with GPS.

00:55:36.880 He volunteered to pay for his own security, who would report directly to the United States

00:55:42.240 Marshals and to the U.S. Attorney's Office if he left his house for any reason except

00:55:46.220 an authorized trip to the doctors or to his lawyers.

00:55:49.040 So he's basically saying, let's just make my house my prison.

00:55:54.700 And they were willing to do anything, Megan, in terms of giving up his phone, giving up

00:55:58.800 access to technology, just like let him sleep in his own bed in his own room.

00:56:03.940 He is still innocent until proven guilty.

00:56:06.420 Why should they all want to stay in their own house?

00:56:10.200 Why should he get it?

00:56:11.080 Because we're all innocent until proven guilty.

00:56:17.080 And he's known about-

00:56:17.960 Lots of people get that same presumption, but they don't get bail.

00:56:21.080 Arthur's argument-

00:56:22.080 Since March, he's known they were coming after him.

00:56:23.900 Since March, he had the financial resources to say, hey, I'm going to Google what places

00:56:28.920 are not extraditable.

00:56:30.700 I'm going to go hang out with Roman Polanski in France, and I'm going to live the rest of

00:56:36.320 my life there.

00:56:37.120 He didn't do that.

00:56:37.760 But they're not just worried, Mark, about him fleeing, they're worried about witness

00:56:41.840 intimidation.

00:56:43.080 Of course.

00:56:44.020 So Arthur makes a compelling argument.

00:56:46.200 It's the same one I make in federal court repeatedly.

00:56:49.940 In this particular case, you have a history of alleged witness tampering.

00:56:54.760 If he's at home, no one's recording the conversations like they would be if he's in a jail.

00:57:00.520 So it's something that can continue to take place.

00:57:03.380 And secondly, I do not believe that any judge abuses their discretion in this particular

00:57:10.200 case if they make a finding that no bail is to be ordered.

00:57:16.100 I think that it's not an abuse of discretion.

00:57:18.760 He's got a history of violence that we can see on tape with one of the witnesses, we believe,

00:57:25.420 in this case, his ex-girlfriend.

00:57:26.860 He's accused of throwing a Molotov cocktail in the car of some rapper he thought was flirting

00:57:33.120 with his girlfriend or more.

00:57:35.520 Like, this guy is not afraid of hurting people he thinks are betraying him.

00:57:42.140 And so I think these judges have very good reason to think he might intimidate somebody.

00:57:47.140 Here's what his lawyers are saying, though, Arthur.

00:57:49.080 They're saying he will agree to live under highly restricted conditions with no phones,

00:57:54.820 no access to the Internet, and video monitoring if necessary.

00:57:59.240 The judge, the previous judge, said he could still operate through employees,

00:58:03.440 quote, through even coded messages if necessary.

00:58:06.680 And in the appeal, the lawyers say there's no evidence that he used coded messages.

00:58:12.360 But you can see these judges don't trust this guy not to do something.

00:58:16.620 Yeah, but the bottom line is they're giving, they're making it so difficult for him to

00:58:21.860 do something, number one.

00:58:23.200 And you know who his cellmate is right now, right?

00:58:26.140 That's all over the material.

00:58:28.260 And what happened to him?

00:58:29.840 He was allowed out, and then he called one of the witnesses.

00:58:33.780 I don't even think it was an intimidation.

00:58:35.440 He just called him, and the judge took away his bail, and he's been in the MDC since.

00:58:40.880 So it's not like Sean Combs doesn't realize what will happen if he is let out.

00:58:45.900 And then picks up the phone and tries to intimidate a witness.

00:58:48.440 Could wind up right where it is, and trust me.

00:58:50.100 With all due respect, with all due respect, he, this guy, Sean Combs, is now,

00:58:56.580 his name is being mentioned in connection with not just physical harm to others,

00:59:01.960 but possible murder.

00:59:04.720 That was not the case for Sam Bankman-Fried,

00:59:07.960 the nerdy, altruistic, philanthropic, whatever, who stole a bunch of money.

00:59:12.660 The Sean Combs is alleged to be very dangerous.

00:59:17.580 And not only a serial rapist, no, a serial, yes, not yet charged, but you've got civil,

00:59:26.420 a civil attorney who's going to bring, he says he's got 120 plaintiffs who are going to allege

00:59:31.040 that they were sexually assaulted or raped by Sean Combs.

00:59:33.800 He denies it.

00:59:34.960 But you also have Tupac Shakur's family hiring heavy-hitting legal teams to now take a very

00:59:43.880 serious look at whether he was involved in Tupac's death.

00:59:48.980 And the guy who's accused of being the shooter is saying that that's a possibility.

00:59:52.480 I don't exactly know what he said, but he said something like he offered to pay him a million

00:59:55.680 bucks to do it.

00:59:56.300 These are all allegations Sean Combs denies.

00:59:58.820 But my point is these judges have no reason to say, yeah, he'll be fine.

01:00:03.340 Go ahead, Mark.

01:00:03.780 OK, so Megan, let me give you a little pushback on that.

01:00:06.640 I'm OK in deciding and declaring that with what they've got, with what he's accused of

01:00:13.080 and the potential risk of flight, danger to the community and the other things, there's

01:00:17.380 no abuse of discretion holding him no bond.

01:00:19.520 But you start bringing in all this other stuff.

01:00:21.820 There are mere allegations.

01:00:23.000 At the end of the week, they may say he was OJ's partner in the slaughter of his ex-wife.

01:00:27.340 You know, everybody piles on.

01:00:28.620 We all know, having done this for close to 20 years, of all the money grabs, right?

01:00:34.860 And I'm not saying that, you know, it's not a scenario where people now feel more comfortable

01:00:39.940 coming and telling their truth.

01:00:41.680 But it's also a scenario where they know this guy's circling down the toilet.

01:00:45.400 He's still got money and people want to cash in.

01:00:48.420 So I don't know about this linking him to murders.

01:00:51.660 That shouldn't be considered right now.

01:00:53.700 What should be considered for the court and there's the Tupac thing is is interesting.

01:00:58.720 I grant you this one attorney who's got 120 plaintiffs.

01:01:01.920 But by the way, they include a nine year old boy, which is very disturbing.

01:01:05.980 We don't know whether it's true.

01:01:07.300 And he's a very rich man.

01:01:08.500 And yes, it is true that probably some portion of those people see an opportunity to, you

01:01:14.220 know, like you say, engage in a money grab.

01:01:15.940 I doubt all of them are in that boat.

01:01:17.740 I just have a difficult time believing that given what we know from, you know, the tapes and

01:01:22.740 so on, he was into.

01:01:24.260 But on the Tupac thing, it's interesting, Arthur.

01:01:26.180 They say this is reporting now that the family of Tupac has hired powerhouse lawyer Alex Spiro

01:01:32.020 or Spiro, according to Rolling Stones, Spiro to investigate any potential links between

01:01:37.640 Sean Combs and the murder of Tupac Shakur.

01:01:40.180 The news follows reports that the late Los Angeles rapper's family have hired a team of investigators

01:01:45.200 to ascertain if the bad boy entertainment founder, meaning Combs, had any involvement in

01:01:50.880 Tupac's death during the height of the East Coast, West Coast hip hop feud.

01:01:54.860 A 25 year old Shakur was gunned down in a drive by shooting in Las Vegas, September 96.

01:02:00.500 His murder has gone unsolved, but a break in the cold case came in September of 23 when

01:02:05.840 Compton, the Crips gang member, the Crips gang member, Dwayne Keith Davis was arrested

01:02:12.540 and charged with Shakur's murder.

01:02:14.720 Davis, who heads to trial this March, has made claims that Combs offered him $1 million

01:02:21.380 for a hit on Shakur.

01:02:25.540 This is, I mean, this is actually quite interesting.

01:02:29.040 And I don't know if how you prove a murder, you know, this many years out and take this

01:02:34.740 guy who's been, you know, charged with the murder, Arthur, take his word for it.

01:02:39.880 Yeah, well, you can't, and at least in the state of New York, co-conspirators' statements

01:02:46.600 cannot be the only basis for charging someone with a crime.

01:02:50.480 So he would be a co-conspirator with Sean Combs.

01:02:54.100 If that's the only evidence they have, Sean could not be tried, number one.

01:02:58.720 Number two, in terms of a money grab, and I believe you used that term, Megan, when, remember

01:03:05.240 Puffy went on trial here in New York, I don't know, 20 years ago, something along those

01:03:09.180 lines, my dad represented Jennifer Lopez in that case.

01:03:13.200 And my dad's whole thing was, his direction was keep her off the stand, which he did.

01:03:19.160 But he was there for the closing arguments, and Johnny Cochran was there, and Ben Brofman

01:03:22.420 was there, and I was with Sean Combs.

01:03:25.620 There were, I want to say, and I don't remember this, $800 million in lawsuits against Sean Combs

01:03:33.080 from that incident that took place.

01:03:35.040 And that was 20 years ago, when $800 million meant something.

01:03:39.060 So I agree with you, Megan, that there may be a portion of this, a percentage of this,

01:03:44.000 where there's some truth to it.

01:03:45.380 But I would also say, once those sheep start coming in, and you go, oh, how much are you

01:03:50.140 suing for?

01:03:50.740 How much are you suing for?

01:03:51.920 And these are not very sophisticated people.

01:03:53.940 Let's face it.

01:03:55.380 They're people who hang out at three in the morning in these sex raves.

01:03:59.660 Sean's lawyer, Mark Ignifolo, who's an excellent attorney, has been on the air saying he's spoken

01:04:07.440 to, I think, 15 people who are supposed to be witnesses on this trial, and a lawyer's

01:04:12.300 allowed to do his own investigation.

01:04:14.020 It's not just the government.

01:04:15.300 And not one of them said, was there any degree of force used?

01:04:19.940 There was a party.

01:04:20.860 There were drugs.

01:04:22.000 There was alcohol.

01:04:23.180 There was prostitution.

01:04:23.660 But everyone was there, according to their will.

01:04:27.580 No one was forced to participate or partake in anything.

01:04:30.700 But do you need that?

01:04:31.720 I mean, honestly, if you've got a tape of a woman passed out and unconscious, or a man,

01:04:36.960 and you've got P. Diddy having sex with that person, he's toast.

01:04:41.180 Well, that is different, but that's not what's being alleged.

01:04:44.240 It looks like what Arthur was saying is the best path to defense's freedom in this case.

01:04:50.020 And that is, no, all these people were voluntarily participating, albeit arguably immoral and

01:04:57.540 outrageous conduct.

01:04:58.520 But that's not what he's accused of.

01:05:00.020 It is forcing these people to engage in acts through physical contact, physical threats

01:05:07.160 and assault.

01:05:08.420 And listen, that comes down to great cross-examination of these witnesses.

01:05:13.760 There's also, Megan, there's also the allegations.

01:05:16.500 And I'm sure you can appreciate this because of your status in our society, that because

01:05:22.860 of his fame and his power in that industry, they felt coerced.

01:05:29.020 If they didn't do this, they weren't going to be a star.

01:05:32.120 If they didn't do that, he wasn't going to sign them to a record label.

01:05:35.820 And I'm sure that we all know people who have been confronted with that situation, and

01:05:40.860 they've told whoever confronted them, great, I won't sign with your record label.

01:05:44.220 Bye-bye.

01:05:44.620 And then there's other people who say, all right, I'll inquire and you make me a star.

01:05:48.980 And then when they're not a star, that's when the accusations come out.

01:05:52.840 Yeah.

01:05:53.260 Right.

01:05:53.600 Well, you know about that, because I think that's the position some of those women were

01:05:57.100 in with Harvey.

01:05:58.440 Not all, but at least some, you know.

01:06:01.560 I've spoken with women who turned on their heel as soon as Harvey was like, come on into

01:06:05.440 my hotel room.

01:06:06.480 They were like, peace out, brother.

01:06:08.100 And then there were others who willingly went in there knowing exactly what was going to

01:06:11.040 follow and only later decided that it was something that was non-consensual.

01:06:15.080 But I also know some non-consenting victims of his.

01:06:18.180 Arthur would disagree.

01:06:18.960 Go ahead, Mark.

01:06:19.780 I was going to say that both Arthur and I, having done criminal defense work for so long,

01:06:24.400 we deal with so many alleged victims where regret turns to rape.

01:06:30.880 Right?

01:06:31.540 Yep.

01:06:31.760 It's a fine line.

01:06:33.000 Regret isn't the same as no consent.

01:06:35.880 Correct.

01:06:36.500 It's not the same.

01:06:38.600 Yeah.

01:06:39.100 And they're going to flesh all that out.

01:06:40.960 Yeah.

01:06:41.220 It's in all aspects of society.

01:06:43.220 And Megan, you know, in my firm here, where we're seeing it the most, and it's terrifying

01:06:47.940 because we all have kids around this age, is in the colleges where a young woman does

01:06:54.200 something with a young man.

01:06:55.760 And then a week later, a month later, or a year later, it wasn't a consensual act.

01:07:01.920 And now I have a young man on the other side of my desk with his mother and father.

01:07:05.500 They're all absolutely distraught.

01:07:07.740 I had a kid thrown out of college, only by the college, only to have the court.

01:07:14.120 In an Article 78 proceeding, which is when you go to the court and say the school is

01:07:17.720 wrong, who returns it?

01:07:19.380 It says there was no evidence that this kid did anything wrong.

01:07:22.420 But where does he go to get his two years of life back that he got thrown out of college?

01:07:25.840 But then they accepted him back into college only for him to be ostracized.

01:07:29.260 There's no thing, no disrespect about belief all women.

01:07:33.080 It's insane.

01:07:33.860 No, there should be disrespect around belief all women.

01:07:36.340 It's ridiculous.

01:07:37.220 Excuse me?

01:07:37.520 No, I agree with you.

01:07:38.520 By the way, Article 78 proceedings, surprise question on my bar exam.

01:07:42.600 It was like, what's that doing there?

01:07:44.820 What?

01:07:45.620 And a very tricky.

01:07:46.440 In any event, I agree with you that there may be holes in this case to some extent, but

01:07:53.100 I think there's as far as whether this is a guy who violated the law, I don't think they're

01:07:59.360 going to have any trouble proving that with the amount of drugs that were on site.

01:08:03.160 Apparently, there may or may have been illegal guns on site.

01:08:06.880 And if they've got any person on cam passed out or in some sort of a state who's engaged

01:08:14.320 in a sex act with Sean Combs, he's toast.

01:08:17.820 The complaint, the indictment will be amended.

01:08:20.760 And I'm sure they've seen it all right now.

01:08:22.460 This is making the, do we have this?

01:08:24.340 Yeah.

01:08:24.700 Look at this.

01:08:25.420 This is a film he put out, a video he put out.

01:08:29.360 It's a man, it's a DJ who was at one of his big parties and look at how like just nonplussed

01:08:37.460 he is that this person is unconscious.

01:08:39.600 Watch.

01:08:40.860 Okay.

01:08:41.400 Ladies and gentlemen, um, for all those in London that don't know what happens to the

01:08:46.540 white man when he comes to a P Diddy party, this is what happens to the white man.

01:08:52.940 Oh, it's so unfortunate.

01:08:54.580 You got to pull back though.

01:08:55.720 So they can see.

01:08:57.400 That's great.

01:08:58.100 Matt, move out of the way.

01:09:00.040 You're still alive.

01:09:01.480 Look at that.

01:09:02.380 Look at, look.

01:09:03.740 Put the drink on his head.

01:09:05.460 And that's, and that's James from Simeon Mobile Disco.

01:09:08.100 He is a actual DJ.

01:09:09.920 DJ's not supposed to pass out, but when they come to one of my parties, this is what happens

01:09:14.440 to him.

01:09:15.600 Oh, really?

01:09:16.720 Next day, right?

01:09:17.640 You put the drink on his head.

01:09:19.460 Megan, that doesn't, that doesn't.

01:09:21.080 I mean, why did you become a Puritan?

01:09:23.100 Are you kidding me, Megan Kelly?

01:09:24.860 Why did you become a Puritan?

01:09:26.000 That guy's unconscious.

01:09:26.820 At a P Diddy party, which is what people do.

01:09:31.820 There's no surprise there.

01:09:32.760 I don't know, guys.

01:09:33.740 Look, that's one thing.

01:09:36.000 That's one thing.

01:09:36.900 But you're telling me there's not going to be any video of a woman in that condition having

01:09:40.960 relations with a man.

01:09:42.680 Bullshit.

01:09:43.120 I'll make you both, I'll make you $1,000 bet right now.

01:09:46.980 I'll bet both of you $1,000 there will be.

01:09:50.340 They better have it because let me tell you something.

01:09:53.280 The word of cinnamon, amber, fallopia, toiletta ain't going to carry the day.

01:09:58.120 I'll tell you that right now.

01:09:59.500 You got to have four.

01:10:00.120 There's videotapes.

01:10:01.120 It's all over the post and other papers today.

01:10:03.560 There are at least three A-list celebrities who are on camera having sex, allegedly with

01:10:09.760 Diddy.

01:10:10.400 And then another tape of some celebrity who's apparently, whose celebrity dwarfs everybody

01:10:15.980 else's celebrity, who's also on camera having sex, not with Diddy, but with somebody.

01:10:20.500 If he's taken videotapes of A-list celebrities, he's definitely filming the lower, lesser known

01:10:26.780 sex-trafficked girls he allegedly brought over for these parties.

01:10:31.020 And I guarantee it was not all, I am awake, I am consenting, I am here by my own will to

01:10:36.820 have sex with these 40 strangers.

01:10:39.200 But you got to look at what he's charged with in the indictment.

01:10:42.200 Now, you mentioned amending the indictment.

01:10:43.840 Sex trafficking.

01:10:45.540 Now, there may be a superseding indictment that comes down and adds more charges.

01:10:50.640 That's a different story.

01:10:51.640 But as of right now, for the sex trafficking, passed out DJ, that's not admissible.

01:10:57.380 And some A-listers who-

01:10:58.100 I know, this is anecdotal on a podcast.

01:11:00.620 Hello, I'm not trying to admit it.

01:11:01.920 All right, we got to move on because there's so many other things we got to get to.

01:11:04.860 But the bottom line is, Diddy could, he could get off, but he's probably not going to get

01:11:09.820 bail and to be continued on whether they add charges to the indictment.

01:11:14.160 All right, let's talk about Garth Brooks for a minute.

01:11:16.520 I mean, I don't want to start this with speaking of money grab, but this one,

01:11:20.500 Thank you.

01:11:22.140 All right.

01:11:22.920 I don't, so he's being accused of rape, not in a criminal court, not by the police,

01:11:32.060 not by a DA, but by a woman in a civil lawsuit against him who says she worked as a hair

01:11:40.040 and makeup stylist for him from 2017 to 2020, that he allegedly harassed her.

01:11:47.360 She describes graphic sexual fantasies, reading from the New York Times, and in one instance,

01:11:51.260 allegedly placed her hands on his erect unit when he came out of the shower.

01:11:56.220 However, in a statement he provided on Thursday night, he said for the last two months, he's

01:12:00.500 been hassled to no end with threats, lies, and tragic tales of what my future would be

01:12:03.980 if I did not write a check for many millions of dollars to this person.

01:12:07.760 Hush money, no matter how much or how little, is still hush money.

01:12:10.740 In my mind, that means I'm admitting to behavior I'm incapable of, ugly acts no human should ever

01:12:15.460 due to another, and this woman, you know, the problem for her is going to be that after

01:12:26.300 the alleged rape, because then she said he actually raped her, she went on working for

01:12:31.460 him for years, for years, Mark.

01:12:34.820 That's the biggest problem right there.

01:12:36.720 You said it.

01:12:37.740 Doesn't mean it didn't happen, and there are reasons why people do that.

01:12:41.000 They need the money, whatever, but that's a tough sell to a jury, particularly when they

01:12:45.440 the bulk of the evidence is her word.

01:12:48.380 What I want to see, however, are the things that don't lie.

01:12:51.140 Her alleged text messages that he didn't delete, she claimed some were deleted.

01:12:56.280 Okay, well, there's got to be a way to get those back.

01:12:59.020 But secondly, let's see what was not deleted, and does that corroborate anything that she's

01:13:04.400 alleging?

01:13:05.360 Mark, five years ago, I would have agreed with every word you said.

01:13:09.500 I really would have, until I sat there and watched what happened in the Harvey Weinstein

01:13:14.800 case, because a woman who he's doing 20 years in prison for, the day after the alleged sexual

01:13:24.700 assault, and it was not rape, the alleged sexual assault, he flew her to California to see her

01:13:29.680 best friend give birth.

01:13:31.260 And then a week later, she flew back, and her testimony at the trial with the jury convicted

01:13:35.520 said, we had dinner together, we went to his house, and we had sex, we had intercourse.

01:13:40.460 And then we continued our relationship there forward.

01:13:43.540 And then years later, she said, well, that one time, that sexual assault, that was against

01:13:48.960 her will.

01:13:49.400 Not the other times, but that one was, and he was convicted, and he's doing 20 years

01:13:53.120 in jail.

01:13:53.660 So we don't know what jurors do anymore with these facts.

01:13:57.000 Well, I mean, it is possible.

01:13:58.320 Just because you say no, you say yes one time doesn't mean that you've given permission

01:14:03.800 every other time.

01:14:05.180 So that is possible.

01:14:06.600 But this is weird to be raped by your employer with whom you work very closely, hair and makeup.

01:14:12.980 Their hands are all over you.

01:14:14.080 I mean, that is a, you know, in its own way, an intimate relationship.

01:14:18.360 And then she continued doing that, like, for years after an alleged brutal rape that was

01:14:23.740 so bad, she claimed she went to seek treatment from her OBGYN and considered suicide.

01:14:30.580 Like, I don't know, guys, that that's going to be a tough sell.

01:14:34.580 And I would suggest that is why, Mark, there is no criminal complaint against him.

01:14:39.200 There is no legal body.

01:14:40.960 If this allegedly happened in 17, we're within the statute of limitations for a rape claim.

01:14:45.380 Doesn't seem like she got any bites down at the police station if she ever even went.

01:14:50.700 Proof beyond and to the exclusion of every reasonable doubt is a very high burden.

01:14:55.520 Getting money from someone in the civil arena, 51 percent, kind of kind of low.

01:14:59.600 And my guess is that the cops said there just isn't enough here.

01:15:04.820 He probably had a great lawyer to argue on his behalf.

01:15:07.920 It didn't happen.

01:15:08.700 And so there's reasonable doubt.

01:15:10.200 A prosecutor looked at it and said, I'm likely not going to get a conviction.

01:15:13.360 And if he can show that she's shaking him down for money, you add that to the list of

01:15:19.760 things that she did, including returning to intimately put makeup on his face.

01:15:25.020 That doesn't mean she's lying, but it just makes it a tougher sell to a jury.

01:15:28.880 He went into a civil court first and tried to get a declaration that he didn't do this

01:15:33.160 while she was trying to shake him down.

01:15:34.940 I mean, whether it happened or not, but I'm trying to get him to pay.

01:15:37.440 He went in and tried to keep it anonymous and get a declaration that his identity would

01:15:42.300 be protected and that the woman's accusations against him were false.

01:15:45.400 And then this week, it looks like she responded and argued that that lawsuit was a preemptive

01:15:52.080 move to silence her.

01:15:53.700 Then she filed her complaint naming him.

01:15:58.520 I mean, I will say one thing, Arthur, I don't love his denial.

01:16:02.120 I don't love his denial.

01:16:03.360 And my Phil Houston spy the lie background tells me it's not a great denial saying if I, you

01:16:09.360 know, basically hush money saying in my mind, that means I am admitting to behavior I am

01:16:13.760 incapable of ugly acts.

01:16:16.320 No human should ever do to another.

01:16:18.140 That's not what you would say.

01:16:19.460 You would say, I did not do this.

01:16:23.000 When you start to say, I would never, I'm not capable of it.

01:16:26.460 I could never rob a bank.

01:16:27.980 Why would I?

01:16:28.760 I have plenty of money.

01:16:30.140 I wasn't raised like that.

01:16:31.920 That's an ugly act.

01:16:33.280 No human should do.

01:16:34.540 Now you're on thin ice that I have to tell you, my little radar went off when I read that

01:16:38.480 piece of his denial.

01:16:39.180 Go ahead.

01:16:39.440 Well, as you know, I represent our mutual friend, Alan Dershowitz, who was accused of

01:16:46.100 a sex act.

01:16:46.900 And I haven't been able, I've been very unsuccessful in getting him to shut up about the denial.

01:16:52.080 Same.

01:16:52.560 And he, I mean, I, you know, he's, look, the bottom line is he admitted to me when we figured

01:16:57.880 out a settlement here.

01:16:58.960 And he said, I don't think I'm going to be able to keep my mouth shut because, but he

01:17:02.620 used some of these terms.

01:17:03.820 Like I wouldn't, because I would never do that.

01:17:06.380 Nobody should do that.

01:17:07.440 She was clearly a troubled person and she was taking advantage of it and all.

01:17:10.840 I mean, he said everything under the rainbow.

01:17:12.500 Do I believe every word that comes out of his mouth?

01:17:14.640 I do.

01:17:15.080 I don't, I don't think he, Alan Dershowitz had sex with this woman in six different

01:17:19.040 places, six different, no way, shape or form, but his denials.

01:17:24.280 I mean, I've gotten plenty of texts from people like, can't you get your client to be quiet?

01:17:28.060 And I'm like, no, no, I can't.

01:17:30.300 So I don't really judge everyone about, well, they deny it.

01:17:33.580 But, you know, I mean, someone said Eric Adams didn't deny his charges in the New York

01:17:39.520 city as being mayor, because he said, if I, this was the day before the indictment came

01:17:43.540 out, if I am a char, if I am indicted, I am innocent.

01:17:47.560 I said, that's not a denial.

01:17:49.280 They're like, no, that's not, he didn't say I didn't do it.

01:17:51.280 He said, I am.

01:17:52.380 That's enough of a denial, but it should have been more forceful.

01:17:55.300 I don't know where the script is on the proper denial.

01:17:58.240 I don't know what you're missing about Alan versus this.

01:18:02.160 It's like, there is, there was a very clear forceful denial by Alan as the first response.

01:18:07.160 I didn't do it.

01:18:08.220 I don't know this person.

01:18:09.440 I've never been alone with this person.

01:18:11.420 I've never had sex with this woman.

01:18:13.200 And then the flowery language might follow, but his denials on her have been consistent

01:18:17.400 and clear.

01:18:18.180 And he sounds like a truth teller.

01:18:19.960 Let me open up all my date books.

01:18:21.860 Let me provide all video of anything that I can get my hands on.

01:18:26.040 I'm suing everybody who says that I did do it so that I will then be subject to deposition.

01:18:31.520 So I've got to tell the story under oath.

01:18:33.220 I'm glad to.

01:18:34.180 Alan sounded like a truth teller.

01:18:36.460 I'm not saying Garth Brooks isn't.

01:18:37.940 I'm just saying a little, I mean, a little red flaggy on that statement.

01:18:41.740 The difference may be, there may have been sexual interaction between Garth Brooks and

01:18:48.080 this woman.

01:18:48.580 It just wasn't great.

01:18:49.380 Alan is saying there was no, he didn't even know the person.

01:18:52.740 That's right.

01:18:53.540 Different story.

01:18:54.260 Okay.

01:18:54.440 Let's keep going.

01:18:55.120 Cause it's so many, so many big cases.

01:18:57.560 Menendez, these guys, they might be getting out of prison.

01:19:01.380 You guys like for reals there, this docu-series, that's what they call them now.

01:19:09.000 It's such a bullshit term.

01:19:10.940 I hope the audience knows at this point, there is a difference between a documentary and a

01:19:16.060 docu-series.

01:19:16.880 And frankly, even the documentaries that are documentaries these days may or may not be

01:19:21.740 a documentary.

01:19:22.800 It's more like Ava DeVornay's view of how this case went down.

01:19:27.580 Um, so whatever, this is like a docu-series and it's Dominic Dunn's view of what likely

01:19:36.220 went on in the Menendez family.

01:19:38.080 He was a famous writer for Vanity Fair, whose daughter was tragically killed.

01:19:42.580 And then he became very big in the crime space.

01:19:45.800 Anyway, it's a Ryan Murphy production and it re-imagines the Menendez murders.

01:19:51.200 It definitely concludes that they killed their parents, which they admit to, but it also writes

01:19:55.660 in like a, an incestual relationship between the two brothers, which is a weird term, a

01:20:03.460 turn.

01:20:04.080 And, um, now notwithstanding all that it's back in the news and there's a new push to

01:20:09.360 let them out to say, this wasn't a fair trial.

01:20:13.300 At worst, this was manslaughter because as I understand it, I'll start with you on this

01:20:19.540 one, Arthur, the whole defense, Leslie Abramson, for those who are our age, they remember her

01:20:24.940 with her great curly blonde hair for the younger generation.

01:20:28.140 She was just this ball busting lawyer who represented the younger brother, Eric.

01:20:32.400 We knew they killed their parents.

01:20:33.860 The question was whether there were mitigating circumstances.

01:20:36.380 She went in their balls to the wall and was like, Jose Menendez was an abuser.

01:20:40.500 He abused Eric.

01:20:41.520 He abused Lyle.

01:20:42.420 Well, Eric is somebody who was protecting his own life.

01:20:46.500 He was in fear that his father was going to kill him.

01:20:49.040 And that's why this happened.

01:20:50.580 And they got a hung jury for both boys on the first trial.

01:20:54.240 And then they were retried and they were both convicted and sentenced to life because her

01:21:01.220 abuse defense was not allowed.

01:21:05.140 It was not allowed.

01:21:06.900 And so now the DA out in LA, this George Gascon, I mean, this is right on.

01:21:12.300 Because he hates prosecuting crime.

01:21:13.720 He hates keeping bad guys in jail.

01:21:16.060 I'm not saying they necessarily deserve to stay in jail.

01:21:18.520 We'll debate that.

01:21:19.200 But he loves letting criminals out of jail.

01:21:21.300 He has said he's reviewing new evidence, a letter, which we can describe, and that they're going

01:21:31.020 to have a hearing on this new evidence this November to see whether they should get a new

01:21:37.740 trial or whether he'll just reduce the charges as is from murder to manslaughter.

01:21:44.120 And they could just walk without a retrial.

01:21:46.660 So what do you make of all this, Arthur?

01:21:49.040 The reason why we're talking about this particular case is because of the notoriety got when it

01:21:53.480 was going down.

01:21:55.120 Actually, we started the show talking about our beginnings at Fox News.

01:21:59.120 If I'm not mistaken, this was right around that time.

01:22:01.860 I forget when the trial was.

01:22:03.040 Wasn't it around 2004?

01:22:04.980 2004, somewhere in there?

01:22:06.420 Yeah.

01:22:06.680 Okay.

01:22:07.040 But it was around at that time.

01:22:08.620 But it has become.

01:22:10.820 And look, sometimes I agree with you.

01:22:13.460 Prosecutors are too lenient.

01:22:15.000 But sometimes, and there's a case before the Supreme Court of the United States right now

01:22:19.280 out of Oklahoma, where it is a guy on death row.

01:22:22.880 And this is why I don't believe in the death penalty.

01:22:24.420 It is a guy on death row.

01:22:25.840 And everyone from the government is asking the Supreme Court, because apparently the way the

01:22:30.800 jurisdiction is, they're the only ones who could stop the execution.

01:22:33.340 So I believe it's the attorney general of the state of Oklahoma, the DA who tried the

01:22:37.840 case, the judge who tried the case, and saying it was not that he didn't do it.

01:22:42.720 Not that he didn't do it, but he didn't get a fair trial because of something similar to

01:22:46.360 Menendez.

01:22:47.220 Evidence that was presented shouldn't have been, or vice versa.

01:22:50.260 And please don't kill this guy.

01:22:52.040 Give him a new trial.

01:22:53.360 And look, Netflix and popular opinion with an elected district attorney has a lot of power.

01:22:59.160 And they're going back and saying, hey, these guys maybe didn't get a fair trial.

01:23:03.200 And we're reading about it all day long in Brooklyn, New York, and Manhattan.

01:23:06.580 Look at the Central Park Five, the kids who were doing major time for a rape in Central

01:23:11.040 Park.

01:23:11.800 And they threw that case out altogether.

01:23:13.740 And now one of the guys is the city councilman with a big microphone here in the city of New

01:23:17.860 York.

01:23:18.700 So, I mean, I'm interested to hear what my buddy Mark has to say.

01:23:21.840 But it's not so rare anymore that these cases are being overturned.

01:23:26.540 I have a lot to say.

01:23:27.420 Oh, by the way, my trustee producers actually informed me that the first trial ended in

01:23:31.740 93, and then the second trial was 95.

01:23:35.020 I think you and I must be thinking about Peterson.

01:23:37.580 Peterson, that's the one.

01:23:38.720 Go ahead, Mark.

01:23:40.020 OK, I have a lot to say.

01:23:42.960 My wife and I have polished off that that docu-series, which was just dreadful because

01:23:47.360 you really don't know what the truth is.

01:23:49.740 There's only three people who know whether sexual abuse ever really took place.

01:23:55.300 One is dead, thanks to the two boys.

01:23:57.140 And the other two were facing, you know, the death sentence.

01:24:01.880 The gas chamber.

01:24:02.500 Forgive me if I don't, you know, jump in on what they're saying.

01:24:05.640 OK, but let's just talk legal for a second.

01:24:07.820 If the judge found at the time in their second trial that there wasn't sufficient evidence

01:24:13.380 to allow the defense to argue that sexual abuse took place, but now newly discovered

01:24:19.240 evidence, which was not available at the time, seems to suggest that there was alleged sexual

01:24:25.920 abuse, then they would have been denied a fair trial at the time.

01:24:29.960 So what you've got is a letter that was recently discovered, authored by a cousin, where one of

01:24:36.140 the brothers, I think it was Eric, the younger one, wrote to his cousin sometime before the

01:24:41.660 shooting where he complains to the cousin, the five months before.

01:24:45.500 There we go.

01:24:46.300 Nine months before that.

01:24:47.920 The father is going to come in and do it to me again.

01:24:50.040 That kind of thing.

01:24:50.980 Suggesting it doesn't come out and say sexual abuse, but it suggests it's strong evidence

01:24:54.480 that it might be sexual abuse.

01:24:56.200 The standby.

01:24:57.020 Hold your thought.

01:24:57.620 Here's what the note read.

01:24:58.920 The letter I've been trying to avoid dad.

01:25:01.080 It's still happening, Andy, but it's worse for me now.

01:25:03.440 I can't explain it.

01:25:04.640 I never know when it's going to happen, and it's driving me crazy.

01:25:07.400 Every night I stay up thinking he might come in.

01:25:09.640 I need to put it out of my mind.

01:25:11.360 Go ahead.

01:25:12.200 Yeah.

01:25:12.680 I mean, a very reasonable inference is that that's the sexual abuse that he's talking about.

01:25:17.720 The second thing is you've got an original member of Menudo who's coming forward to say

01:25:23.480 that when he was 13 to 14, somewhere in there, that this guy, the father, allegedly sexually

01:25:29.960 abused him as an executive for, I think it was Sony record.

01:25:34.300 Sorry to keep interrupting you, but it flows better this way.

01:25:36.600 His name is Roy Rosello.

01:25:38.200 He was in a documentary about Menudo, and here is what he said on cam.

01:25:43.580 We played this and talked about it at the time.

01:25:46.160 That's the man here.

01:25:48.960 Doesn't rape me.

01:25:50.500 This guy.

01:25:51.740 That's the pedophile.

01:25:53.260 How old were you there?

01:25:54.740 14 years old.

01:25:55.780 And he's pointing at Jose Menendez.

01:25:59.400 Go ahead, Mark.

01:26:00.060 OK, so the prosecutor, first of all, has an obligation to look at this stuff.

01:26:04.400 Everybody's making a big deal about it.

01:26:06.040 All he's saying is we'll look at it.

01:26:07.800 Well, of course, that's exactly what a politician slash prosecutor who seeks the truth must do.

01:26:14.240 Now, he has to first discern is this guy Menudo from Menudo is even really picking out

01:26:19.220 the right guy.

01:26:19.960 Did it really happen and get into the weeds to see if that's even true?

01:26:24.020 Second thing is, what about this letter?

01:26:25.900 Is it authentic?

01:26:26.980 We know.

01:26:28.640 Well, we don't know.

01:26:29.540 We don't know anything from that docu-series.

01:26:31.180 But they allege that Lyle, at least, was going around writing letters and trying to convince

01:26:35.780 people to lie on their behalf.

01:26:37.860 So we know that manufacturing evidence is not beneath these guys.

01:26:42.680 So is that letter authentic?

01:26:44.280 Is it real?

01:26:44.940 So if all that's real, did the D.A. afford them a fair trial by arguing that the defense

01:26:51.660 of sexual abuse was complete malarkey, completely manufactured?

01:26:54.940 It was all about money.

01:26:56.140 It was all about greed.

01:26:57.440 Were they really given a fair trial?

01:26:58.980 And if they weren't, whether you like these guys or not, it's not about them.

01:27:02.240 It's about the system.

01:27:03.240 Everybody should be given a fair trial.

01:27:04.740 So here's the thing, though, to Mark's point, Arthur, in the first Menendez trial reading

01:27:11.560 here from a Fox News report, there's the cousin who was on the receiving end of that letter

01:27:17.800 from Eric nine months before the parents were murdered.

01:27:20.380 The cousin is named Andy Kano.

01:27:22.280 And in the first Menendez trial, Kano testified that Eric had told him about his father's sexual

01:27:29.540 abuse at age 13.

01:27:33.280 So this witness did testify that there was abuse at the first trial, which resulted in

01:27:40.700 a hung jury.

01:27:41.720 And then the second judge did not want to entertain this defense at all.

01:27:47.200 Maybe the letter wasn't available, but the witness took the stand and said the stuff that's

01:27:54.300 in the letter.

01:27:55.120 So is it really grounds for a new trial?

01:27:58.700 Well, in the world, I practice law, and that would not be newly discovered evidence.

01:28:04.240 The letter would not be enough.

01:28:05.940 In other words, they had the testimony.

01:28:07.320 The testimony, if it came across as credible, I mean, as long as the guy is not a heroin addict

01:28:11.920 who's falling asleep on the stand, and then the judge is, look, I'm sure.

01:28:17.200 I know that there were appeals here, and they must have looked at the appellate courts out

01:28:21.800 at West, and the appellate courts must have said, no, the judge, in his discretion, felt

01:28:25.780 that in this particular trial, it wasn't admissible.

01:28:28.760 That's not newly discovered evidence.

01:28:30.480 Newly discovered evidence is, we all know what newly discovered is.

01:28:33.500 Someone just popping up out of nowhere, like you were talking about in the Puffy case,

01:28:37.380 and Tupac, they arrested a guy 20 years, 30 years later, and he's like, yeah, I did it,

01:28:42.480 but Puffy paid me to do it.

01:28:44.000 What about the Menudo guy?

01:28:45.180 That's the discovered evidence.

01:28:45.880 Would the Menudo guy be newly discovered evidence?

01:28:51.160 Maybe, yeah.

01:28:52.180 I mean, that's different, because that wasn't, yes, it may be different, but there's a whole

01:28:56.360 standard, again, it's California law, so that's why I'm hesitant.

01:28:59.160 There's a whole standard about whether a defense team did their due diligence to try to unearth

01:29:03.840 these things.

01:29:05.220 You know, you can't say it's newly discovered evidence if it was sitting right there, and

01:29:08.800 you just neglected it.

01:29:11.280 That's not newly discovered evidence.

01:29:12.540 The letter, Arthur, was found by someone who was looking through, recently, looking through

01:29:19.160 some old stuff and found it.

01:29:21.320 So the letter wasn't available.

01:29:22.500 And we do know that that letter amazingly corroborates the testimony of the cousin, even though

01:29:28.560 he did testify.

01:29:29.380 Not having that letter, you know, significantly hurt the defense.

01:29:33.540 It's a close call.

01:29:34.340 I'm not saying it's a new child, but it's a close call.

01:29:36.660 So, so let's, actually, let's just show a little bit of what we're talking about.

01:29:40.640 So the, the, it's hard to recommend this Netflix series because it is so dark.

01:29:47.220 I mean, I thought it was going to be kind of like true crime and a kind of murder mystery

01:29:51.100 where you know the outcome.

01:29:52.340 It's like every episode is about child sexual abuse in great detail.

01:29:55.940 It's dark.

01:29:57.020 I was trying to watch it while I was on the treadmill.

01:29:59.200 I'm like, I can't, I cannot handle this.

01:30:01.520 Anyway, um, here's just a little bit.

01:30:04.080 I'll show you the trailer.

01:30:04.920 Okay, take a look at SOT 42, part of the trailer.

01:30:07.500 Part of this process is the two of you reconnecting, growing closer as brothers.

01:30:22.900 Eric and I killed our parents together.

01:30:25.360 So I'd say that makes us pretty close.

01:30:29.840 Our life was one thing.

01:30:31.100 The acting is amazing.

01:31:01.100 In it.

01:31:01.600 But here, what I wanted to do in showing it, just like zoom out, zoom out, like 30,000

01:31:05.480 feet.

01:31:06.740 Kim Kardashian wrote a letter.

01:31:09.000 The Innocence Project has now taken this.

01:31:12.080 All right.

01:31:13.200 Isn't she a lawyer now?

01:31:15.020 She's not a lawyer.

01:31:15.900 She's, she's not a lawyer.

01:31:17.040 She made a billion dollars off of a sex tape and clothing that actually is quite good.

01:31:22.140 Well, keep saying, didn't she apply to law school?

01:31:25.160 There's something about her going to try to be a lawyer.

01:31:26.820 She tried to do the apprenticeship way, you know, where you have to take like the baby

01:31:29.820 bar and she failed it.

01:31:31.200 She's not a lawyer.

01:31:32.980 At least not that she's publicized.

01:31:34.600 How do you really feel, Megan?

01:31:35.500 Megan, tell us how you really feel.

01:31:36.780 How do you really feel?

01:31:37.700 I feel that she's a force for evil.

01:31:39.520 That is how I feel.

01:31:40.280 I wish, I wish she had just stayed on the sidelines, notwithstanding her very cute tops and undergarments.

01:31:48.020 Okay.

01:31:48.840 Having said all that, she's written a letter, Innocence Project.

01:31:52.060 So 30,000 foot letter.

01:31:53.860 What do you think this guy does?

01:31:55.060 Like people will look at this and say, it's been 35 years or something that they've been

01:31:59.940 in jail.

01:32:00.660 Like, is it time?

01:32:02.200 Because as Somebody Wise once put it to me, when the kids kill the parents, it's the ultimate

01:32:07.920 F in parenting.

01:32:09.060 And so at some level, this is their fault.

01:32:13.840 Hmm.

01:32:14.600 I got to say one thing.

01:32:16.100 I got to get something off my chest.

01:32:17.400 And I don't think anybody's saying this.

01:32:19.260 Let's spell this out for a second.

01:32:20.500 Okay.

01:32:21.640 Let's say the sexual abuse took place.

01:32:24.160 And I'm not convinced of that.

01:32:25.400 I have no idea.

01:32:26.360 And no one really knows.

01:32:27.700 People think they know.

01:32:28.880 They don't know.

01:32:30.160 But let's say it did for argument's sake.

01:32:33.120 Also, we know factually that this wasn't a spontaneous, oh my God, he's going to harm me again.

01:32:38.320 Let me go get a shotgun right now and kill him.

01:32:40.300 That they took weeks.

01:32:41.640 They planned this.

01:32:42.840 It met every element of premeditated murder.

01:32:46.400 So you don't get to kill your parents under the law.

01:32:51.220 Your mother, by the way, too, who wasn't involved in the sexual abuse, but allegedly knew of it.

01:32:57.120 I'm not even convinced of that.

01:32:58.480 But that you get a free pass to brutally murder your parents.

01:33:02.700 The way you do get a pass is if you reasonably fear imminent death or great bodily harm.

01:33:10.000 So what they said in the docuseries was, well, we thought then our parents would kill us.

01:33:16.900 They, you know, assuming they even argued that.

01:33:19.680 No one believed that.

01:33:21.420 They did argue that.

01:33:23.000 Yeah.

01:33:23.920 That's their link because they know you don't get to kill your parents out of retribution.

01:33:30.060 It must be because you fear.

01:33:32.180 I get it.

01:33:32.980 But that that doesn't answer the question of what Gascon is likely to do with, you know,

01:33:36.500 the pressure of Kim Kardashian and and the Innocence Project, which is taking a hard look.

01:33:41.400 All right.

01:33:41.500 I guess we don't know, but we will learn more at the end of November.

01:33:43.940 I have to take a quick break.

01:33:45.080 When we come back, we'll do Peterson.

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01:35:38.000 Be awake, not woke.

01:35:41.680 I'm Megan Kelly, host of The Megan Kelly Show on SiriusXM.

01:35:45.780 It's your home for open, honest, and provocative conversations with the most interesting and

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01:36:37.880 I want to correct something.

01:36:45.420 The Innocence Project, I think I screwed up my two cases.

01:36:48.640 They're involved in the Scott Peterson case, not the Menendez case.

01:36:52.860 Yeah, that makes more sense.

01:36:53.780 I mean, we know they're not innocent.

01:36:55.760 It's just a question of what level crime it was, murder or manslaughter.

01:37:00.760 But Scott Peterson does have The Innocence Project now taking on his case.

01:37:08.120 I'm sorry, but this is ridiculous.

01:37:11.500 But it's happening.

01:37:12.540 Okay, so they're taking on, showed my conclusion.

01:37:15.040 He, for those of you who are young, he is a disgusting pig who murdered his wife, Lacey,

01:37:22.180 and their unborn son, Connor, who she was eight and half years pregnant.

01:37:25.980 I'm not objecting to Megyn Kelly.

01:37:28.880 I'm not objecting to Megyn Kelly.

01:37:31.180 He's convicted.

01:37:32.960 He killed his wife and his unborn son so he could stoop Amber Frye, who he lied to and told her he wasn't married.

01:37:40.140 She was a heroine who came forward when she saw him all over the news as they were searching for his missing wife

01:37:47.200 and said, what in the actual, this guy and I have been dating for two months.

01:37:50.980 He told me he was unmarried.

01:37:52.360 And then she wore a wire for the cops and we got all sorts of, he was at Lacey's memorial being like,

01:37:58.240 Amber, I'm in Paris.

01:38:00.020 You should see the fireworks.

01:38:01.780 They're amazing.

01:38:02.200 That's who Scott Peterson is.

01:38:04.240 So he got convicted.

01:38:05.280 What about the burglars?

01:38:06.720 Megan, the burglars.

01:38:07.980 What about the burglars?

01:38:08.700 What I'm saying, Megan, there's burglars.

01:38:11.840 This is what Scott Peterson's sister has been saying.

01:38:14.200 The burglars were in the neighborhood and they allegedly also wanted to burgle Lacey or were seen burgling by Lacey

01:38:21.220 and murdered her and just happened to drag her down to the same marina to which Scott took his newly purchased boat

01:38:27.200 for the very first time.

01:38:28.680 He needed to take it out on Christmas Eve and also had found like the castings for anchors,

01:38:35.680 multiple anchors that were never found, like concrete anchors that might wave down a body.

01:38:39.600 And the burglars amazingly went to that very same marina, which was like an hour away,

01:38:44.060 and dropped Lacey's newly murdered body in that same marina.

01:38:47.820 And who knows why Scott actually wound up being at the same marina on the same day with the anchors disappearing.

01:38:52.860 Okay.

01:38:54.000 That's what's happening.

01:38:54.640 No, but Megan, I know who it was.

01:38:58.480 Who was it?

01:39:00.060 Why didn't you make that happen?

01:39:01.260 It was the two burglars from Home Alone.

01:39:03.840 It was the guys from Home Alone.

01:39:06.040 He saw them trying to bring into little McCallis' house,

01:39:09.440 and they kidnapped her in that van that they drove around with, Joe Pesci.

01:39:12.780 Joe Pesci.

01:39:13.660 And then they threw in the water, and that's who did it.

01:39:15.600 Here's what's actually happening.

01:39:17.000 He's been granted access to crucial evidence, reading from the Daily Mail,

01:39:20.280 by a California judge in a bombshell ruling that could open the door to re-evaluation of the case.

01:39:24.440 He's now allowed a discovery period on the basis of this new law that gives discovery rights to defendants

01:39:29.180 who were convicted of serious or violent felonies and sentenced to 15 or more years in jail.

01:39:33.980 It allows him to access materials in possession of the prosecution and law enforcement authorities

01:39:37.880 to which he would have been entitled at the time of trial.

01:39:40.280 So somehow it casts a wider net on what he could get from the cops and the prosecutors, Mark.

01:39:45.920 So does this, I mean, what does that tell us?

01:39:48.000 Why is this bombshell?

01:39:49.860 It gives people hope, but Arthur and I were talking during the break.

01:39:54.040 We both kind of think it's a reach.

01:39:55.500 We don't think it's going to go anywhere.

01:39:56.940 The police, for what it's worth, said it was completely unrelated,

01:40:00.080 and they have their reasons why the burglary had nothing to do with Lacey's disappearance and subsequent murder.

01:40:05.700 So, you know, for those who want to see him out, the groupies,

01:40:10.280 you know, it gives them hope, but I don't think it's going to go anywhere.

01:40:13.400 They're claiming the whole thing with the burglars and that it wasn't properly investigated, Arthur.

01:40:18.320 On Christmas Eve, and they say basically the cops, like, gave up on that theory too quickly,

01:40:22.940 and they didn't really look and see what the burglars were and what their record was

01:40:27.120 and was there any violence in their past?

01:40:28.840 And is that a real theory that she was kidnapped and then killed?

01:40:33.020 It's thin, but as Mark said, probably the most it does is give 51-year-old Scott Peterson a glimmer of hope.

01:40:39.160 And the Innocence Project doesn't just take any case, though.

01:40:41.940 They don't just sign up for anything, so they must smell a little something.

01:40:45.340 They're not always right.

01:40:46.740 They're often wrong.

01:40:47.720 I know they're not always right.

01:40:48.940 They're even more in the business of getting people out of jail than Gascon,

01:40:52.320 and they take on their pet causes, and his sister's been everywhere trying to say he's innocent.

01:40:56.380 Oh, what a shocker.

01:40:57.360 His sister doesn't think he did it.

01:40:58.780 Well, you're wrong, sister.

01:41:00.500 I think he did do it.

01:41:01.600 I think the jury got it right.

01:41:03.000 Look at his behavior after the fact.

01:41:04.700 He didn't even look for her.

01:41:06.260 He couldn't have given two shits about his dead son who was eight and a half months in utero.

01:41:11.180 Anyway, I'm convinced 100% this guy did it.

01:41:14.020 And if I'm wrong, I'll admit it, but I won't be.

01:41:16.820 I won't be.

01:41:17.660 Megan, it would really make you—I think it would make your show more watchable if you really—

01:41:22.320 You should express your opinions a little more.

01:41:26.080 Come out of your shell.

01:41:27.400 You know, I mean, you're really buttoned up, and you really pulled him close to the vest.

01:41:31.020 I mean, Gascon's coming over in a little while.

01:41:34.060 If you want me, I'll get you a phone.

01:41:36.000 A lot more shy and meek over the years, I've noticed.

01:41:39.420 I gotta go.

01:41:40.120 It's over between us.

01:41:41.860 Goodbye.

01:41:42.540 Love you guys.

01:41:43.660 Bye, Martha.

01:41:44.620 Okay, tomorrow, Glenn Greenwell.

01:41:46.100 Don't miss that.

01:41:49.820 Thanks for listening to The Megan Kelly Show.

01:41:51.720 No BS, no agenda, and no fear.

01:41:54.520 No BS, no agenda, and no fear.

01:41:54.540 No BS, no agenda, and no fear.

The Megyn Kelly Show - October 09, 2024

Kamala Glitches on Colbert, and if Diddy Will Get Out on Bail, with Batya Ungar-Sargon, Arthur Aidala, and Mark Eiglarsh ｜ Ep. 911

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