The Megyn Kelly Show - Gabby Petito’s Death, Theranos Fraud Trial, and Britney Spears with Brian Entin, Mark Eiglarsh and Arthur Aidala | Ep. 166

Episode Date: September 23, 2021

Megyn Kelly is joined by NewsNation Now correspondent, Brian Entin, to discuss the latest in the Gabby Petito case and his perspective from reporting on the ground in front of the Laundrie home in Florida. Megyn is also joined by criminal defense attorney Mark Eiglarsh and trial attorney Arthur Aidala to dive even deeper into the Petito case, Elizabeth Holmes defense in the Theranos fraud trial, Don Lemon’s upcoming assault trial, updates on Britney Spears’ conservatorship, why a man dressed as Michael Myers was arrested on a beach in Galveston, outrage over the ACLU altering a Ruth Bader Ginsburg quote, and more.Follow The Megyn Kelly Show on all social platforms: YouTube: https://www.youtube.com/MegynKellyTwitter: http://Twitter.com/MegynKellyShowInstagram: http://Instagram.com/MegynKellyShowFacebook: http://Facebook.com/MegynKellyShow Find out more information at: https://www.devilmaycaremedia.com/megynkellyshow

Welcome to The Megyn Kelly Show, your home for open, honest, and provocative conversations. Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show. Well, by now you've all heard the story of Gabby Petito, the young van life blogger whose fiancé returned from a cross-country trip without her. The search for Gabby ended last Sunday when a body matching her description was found at a campsite in Wyoming. Her fiance, Brian Laundrie, is on the run and top investigators believe his family may have worked to help him escape before the police could question him. We're getting new details on all of that. This as we learn that the coroner has ruled that it was Gabby's body and that her death was a homicide. Joining me now for the very latest in the case is Brian Enten. He's a correspondent for News Nation, and he's been following all the details on this case since

this story broke. In just a bit, we're going to be joined by our legal panel, Mark Eichlarge and Arthur Aydala, both of whom have an extensive history in criminal law as lawyers. But I want to get the facts first with Brian. Brian, thank you so much for being here. So the very latest, as I understand it, is this ruling from the coroner that indeed, we knew it was Gabby and that this was a homicide, but they've said precious little else in terms of exactly how that homicide was committed. Yeah, that's right, Megan. I spoke with the coroner yesterday. Basically, all they're confirming right now is that it's a homicide. They won't give the exact cause of death. And they say now everything has to go through the FBI. So we're getting very little information from the actual local officials in Wyoming right now.

As best we understand, when do we believe that Gabby died based on what we know in terms of the boyfriend returning back to Florida and so on? Well, that's a good question. And we just don't know. I mean, we're hoping to get that information from the autopsy report eventually. The timeline, it's hard to piece together because there's so many moving pieces. And we just don't know who to believe in this case. I mean, Brian Laundrie's parents are saying one thing, things we're seeing with our own eyes outside the house are telling us something different. So it's hard to have an exact timeline because there's like different stories flying around in all different directions right now. Okay. So I don't want to assume that the audience knows the story, even though it's been everywhere.

I'm just going to do a little bit of setup and people who understand the story will forgive me for just a few minutes of background if they already know it. And people who don't understand it, I think, will be grateful for the explainer, as we say in the news business. Gabby and her one-time fiance, then they called off the wedding and decided to just be boyfriend and girlfriend, Brian. So they set off from Florida. He was from Florida. She was originally from Long Island, as I understand it. And they decide to go cross country in her in her van to see some of the national parks and so on. It was going to be a four month trip. And she posted some some video from, you know, her her van life excursions. And people were sort of falling in love with these posts. She was becoming a social media influencer. But let's take a listen to some of her talking about van life on YouTube. Me and Brian just got up and got ready, made the bed in the tent. Brian's stretching, doing some morning yoga.

So we are right outside Capitol Reef right now in a free dispersed camp spot. And we've been lucky so far at all the places we've stayed. But I'd say this is one of the best so far. Since we left New York, I've only set up my hammock once. And now we're all the way in Utah. And luckily enough, I was able to set up my hammock one of these trees. This is so disturbing to watch now that you know she's dead, 22 years old, graduated from high school not long ago. And now she's dead and they say, and he's on the run. I mean, you tell me why he's on the run. But this guy, there's reason to believe he had a history of hurting her. Tell us why. So basically the video you just showed, that's all we had up until a week ago. And everyone

thought, oh my gosh, this is the most beautiful, incredible couple on this amazing road trip. Then came out this body camera video that showed a whole different side to the situation. We saw that there was major trouble in paradise. There was issues with the relationship. Gabby claimed that Brian hit him. He claimed that Gabby had hit him. And it was just a total mess, the body camera video. And it showed that there were major issues, Megan. Okay, we have that. Let's watch it.

Some days I have really bad OCD. And I was just cleaning and straightening up back in the van before. And I was apologizing to him and saying, I'm sorry that I'm so mean because sometimes I have OCD and sometimes I just get really frustrated. And I just, um, I might have to travel across the country and I'm trying to start a blog. I just have a blog and stuff. So I've been building my website. So I've just been really stressed and he doesn't really believe that I can do any of it.

So that's kind of been like a, I don't know, he's like down there. I don't know, we've just been fighting all morning, and he wouldn't let me in the car before. I didn't get overtly physical. I was just trying to keep her away and not get hit. And then I got really loud, and that's probably drew everyone's attention, where I was going, you know, back up, get away, just give me a break. I'm not going to release you guys together.

I want you guys to stay away from each other tonight okay she's agreed to it take some time to yourselves you guys both have the exact same story as to what led up to the incident so taking some time tonight specifically taking tonight away from each other is going to be a major breaker in all of this. I think that will help you guys. I mean, knowing that she was killed within days of that is just chilling. So the reason they got pulled over in the first place by these cops and had to explain themselves was what? Yeah, so that was back on August 12th. It is hard to watch now with the situation that we're in. But basically, a witness named Christopher called in and said that he saw

Brian hitting Gabby and that Brian had locked Gabby out of her own van. And she was trying to actually climb in the driver's side window. And he said was nervous that Brian was going to leave her on the side of the road. Police respond out, you saw the body camera video went on for about an hour and 17 minutes, they did a pretty extensive investigation out there. In the end, decided this did not rise to the level of a crime and said, look, we're going to separate you for the night. They sent Brian to a hotel room that the police actually paid for. And they sent Gabby to her van. They said, you stay in the van for the night, Brian, you go to the hotel room, cool down, and hopefully everything will be okay tomorrow. That was August 12th, but she was still texting with her mother into the 20s of August. And then

there was a post, I think on August 25th on her Instagram, trying to get my, because she last spoke with her mother, Nicole on August 23rd on FaceTime. On August 25th was her last post published to her Instagram account, though we don't know whether she's the one who did it. And by August 27th, her mother received an odd text that she was not at all sure came from her daughter. Another text came in to the mom on August 30th that just read no service in Yosemite from her daughter's phone. Again, zero reason to believe that actually was the daughter texting or that they could have gotten to Yosemite in the amount of time. You know, we're not sure whether all these locations are true. And within two days, Brian Laundrie returned home to his house in Florida in Gabby's van without Gabby. Yeah. I mean, it gets super strange at the end of August.

You mentioned it. There's no way they could have made it to Yosemite. The last text that Gabby sent to her mother, she was talking about her grandpa and called her own grandpa Stan. That's actually the grandpa's first name, but the mom says Gabby would have never called her own grandpa Stan.

She always just called him grandpa. And so the mom knew something was very, very strange at the end of August. Yes, then Brian shows up in Florida in the van at his parents's wondering where she is and why they haven't heard from her. What's the next event like? Has has anybody laid eyes on him? I realize there have been some people saying I saw him here. I saw him there. None of which has been confirmed. But has anyone confirmed laid eyes on this guy since he got back to Florida? Not confirmed.

There was an interesting development yesterday. The neighbors across the street say they think they saw Brian's parents and possibly Brian packing up a different camper to go camping while Gabby was missing. They couldn't give an exact date on that, but they say they may have seen Brian outside. But the other interesting point about when he returns to Florida is, you know, Gabby was obviously his fiance. The families were very close. There were many times that Brian had stayed with Gabby's family. There were many times that Gabby had stayed with Brian's family. So this family knew each other well. Gabby's mom says that after Brian returned to Florida and no one knew where Gabby was

and her parents basically start freaking out, rightfully so. She says she started texting Brian's mom and dad and saying like, what's going on? Where's Gabby? What do you know? And Brian's parents were just ignoring her flat out ignoring her texts. That's when Gabby's parents say, like, they realize something is very, very wrong here. And that's what caused them to contact the police. And the way it looks is he allegedly got back to Florida. I mean, the van made it back, so we can presume he was driving it. He lawyered up. His lawyer came out and said he's exercising his constitutional right not to speak with police. They always look at the partner as a suspect when someone disappears. And I'm not letting him talk to the

police. His parents start blowing off her parents' desperate pleas. They come out on camera and make a public desperate plea for them to cooperate, the other family. And then finally, his parents do contact police and say what about their son and give us the date on which they did that. Okay. So again, very, very strange last week. All week long, we were interviewing the police chief every single day. And he's saying, we know where Brian Laundrie is right now. We have our eyes on him. We know where he is. We're not going to tell you reporters, but we know where he is. Okay. So that happens all week long. On Friday, Friday of last week, all of a sudden, Brian's parents call the Northport

police and say, come to the house. Brian is missing. So Brian's, so the police show up to Brian's house. Brian's parents say, we'll only talk to you with our lawyer on speakerphone. And we're not going to talk at all about Gabby Petito. We are not talking at all about the disappearance of Gabby. But we do want to let you know that Brian has now disappeared. And we don't know where he is.

And the last time we saw him was on Tuesday of last week when he allegedly went hiking in a wildlife reserve. Tuesday of last week or Tuesday of the week that they were talking to him, like four days earlier or four days?

Four days earlier. Four days earlier. Four days went by from the time they say they last saw him and he went hiking to when they called the police. So the speculation is that they sent the police

on a wild goose chase into some 25,000 acre nature preserve that's full of water and snakes and water moccasins and so on down there, knowing that their son was nowhere near there. Because if you dovetail it with the neighbor's alleged testimonial, the neighbor saw the parents and their son, Brian, their adult son, 23 years old, leave in a small camper, a camper they thought was too small for three people, days before all of this. And the speculation is what on that, Brian, that this guy's parents were doing what? The speculation is that they may be sending the police on a wild goose chase.

They sent the police to the reserve, which you mentioned is 24,000 acres with gators and snakes. And it's really put police in a tough spot. I mean, it's an awful place to search. And police have been very clear with us. They've said we're still working to corroborate the parent story. We don't even know if they're, you know, if they're telling the truth. The police may now know something different that they're not telling us reporters now that the FBI is involved. But last I talked to Northport police, they were still trying to corroborate the story. Last question before I let you go. I have heard reports that when they found Gabby's remains, that she was not buried. And so far, I haven't heard a confirmation about whether they found a clothed body or not. Have you heard any information on that? I've heard no information about the condition of the body or how long it may have

been there or if it was clothed. But I do know that the body was discovered and it did not take very long for the FBI to come out and say, we believe this is Gabby Petito. It was only a matter of hours. So that may be some kind of indication of the condition of the body. Thank you so much, Brian. I appreciate you being here. We appreciate it. Yeah. Thanks for having me, Megan. Joining me now, Mark Iglish, former prosecutor, now criminal defense attorney, also with us, Arthur Idalla, trial attorney and managing partner at Idalla, Bertuna and Kamens. All right. guys, for being here. So, I mean, let's just start with the parents of the boyfriend slash one-time fiance. You tell me, but this stinks to high heaven. They got their hands as dirty as they come, in my view. Mark? Well, it would seem that way. I would like to know what went on in that household,

what their alleging occurred, what was told to them, what wasn't. Maybe it was just a look on their face that seemed to indicate that something nefarious took place. I don't know. It looks like they did something wrong. But I got to ask you, whether it be now or some point during this podcast, I've been dying to know, what would you do? Right. No, I agree, Mark. Let me ask the question. I dreamed of it. And that was my primary motivation for coming on the podcast. I wanted to ask both of you, honestly, if your precious offspring came home and one of them looked at you in the eyes and four said, you know, Oh, I would sit down with my son and say, you know, you, you did something horrible and, you know, we're going to work through this together and we're going to support you, but we're going to surrender you to the FBI.

And I think my instinct was no, no way. Like I, I just, especially, and Megan, I apologize for not digging deeper, but I believe it's, it's a death penalty eligible crime in the state of Wyoming. So am I going to turn my kid over to the authorities to be killed, possibly be killed? I don't see that happening. They're down in Florida. I could see a boat. I could see Venezuela or Cuba or something and just say, get out of Dodge. So- But listen- Mark, that's why I was thinking that as well. Why are we going right to a situation as though he's been caught red handed?

I mean, I, one of, I think, look, this is my total speculation, not, not knowing much more than I've just reported about the case, but it looks like the guy did it. I mean, it certainly looks like the guy did it. And it looks like there's, yeah. I mean, it looks like there's consciousness of guilt. He's he fled. He wouldn't speak to the authorities. He has the van.

She's missing. No, I know. I got it. I got it. I got it. But you know, I don't want to, I also don't want to wrongly impug has the van. No, I know. I got it. I got it. I got it. But, you know, I don't want to I also don't want to wrongly impugn the guy before we've had a trial. However, however, me believing he did it, me thinking this stinks is not the same as proving it beyond a reasonable doubt right now that he did the right thing legally by not speaking to the police. I agree with with his lawyer on that. What the what the prosecution has at the moment is a dead body. It's her. They can tell that she was killed by someone and his showing up in another state with the van. Let's talk about that prior to him fleeing, because to me, you're going to have a tough time making reasonable doubt. I mean, he could argue anything. They never have to put him on the stand. His lawyers can say, who knows what happened? They

had a fight. She stormed off. He never saw her again. We don't know who killed her. I'll play the role of the prosecutor right now. We can't make an arrest. What facts are you going to go in front of a judge? Now, I'm the prosecutor. I'm the elected prosecutor, so I don't want to mess this up. So what facts do I have to put in front of a judge to secure an arrest warrant? What probable cause do I have? Now, it all hinges on the details of the coroner's report. If the medical examiner says, she died from blunt force to her head or whatever, and under her fingernails is his skin and his blood, which is a clear defensive wound. Now, maybe I have something.

But the mere fact that they traveled together, he came back without her. There are so many, so many different scenarios that a criminal defense attorney could stand up and put forth to a jury. At this point, you cannot make an arrest. There is not enough probable cause by the case law to make an arrest that he committed this crime. Well, let's just say this. They made the determination it was a homicide, not suicide, not accidental, not natural. So there has to be something that evidences it was at the hand of another. I'm assuming strangulation marks. I'm assuming some type of slit throat, some stabbing, maybe a shooting, stuff like that, that you would

typically see, right? Now the question is, who done it? I think there's plenty enough circumstantial evidence to indicate that he is most reasonably the person who did it. And good luck claiming it was Bigfoot out in the wilderness who did this to her. But what's the evidence? What do you mean? The evidence is they were together. The evidence is merely that they were together. That's it. There's nothing more than that. reasonable doubt as a juror, they have to be able to prove it beyond a reasonable doubt. What is the proof that she wasn't left alone, that he did again what he did the first time, which is stay out of the van. I'm taking your van. I'm taking your keys. I'm taking your phone. You're screwed and left her. And some bad guy in the middle of nowhere came along and did her harm. And weren't there two other people killed in that area, Mark? Weren't there two other women who went missing in that area? I mean, there women who went went missing in that in that in

that area i mean there's just there's just again megan to your point when you asked earlier about the lawyer hypothetically if the kid came in and said look we were we were hiking and she slipped and she fell and hit her head um and and you know that's all and i panicked and i left well then i may have him going in chat maybe but when But when you know, when he goes absolutely silent, there is a commonsensical presumption that he's doing that because he has nothing good to say. you if if the kid has a reasonable chance of beating the charge um i'd much rather see him stand trial and try to beat the charge but while exercising his constitutional rights then flee and god knows where this guy is right now or whether anybody will ever see him again or whether he's committed self-harm i have no idea i don't really care that much about his well-being because i think the guy probably committed a murder but you know it's it's tough when you put it in the mask me to put my mother hat on and how I

would have dealt with this different than when I have my prosecutor hat on. You tell me now that they if they get him, if they capture this guy, will it be admissible that he fled? Will it be admissible that he was seen slapping her as reported, as you can hear on a 911 call, and then the cops, you the cops get them to admit that. Mark? I think yes. I think that should all come in. I think it's all relevant. I think it goes to consciousness of guilt. I think that when you put it on a scale and you balance the probative value versus prejudicial effect, it absolutely should come in. Arthur? If we looked for this manhunt, Megan, and this was the question I had, so that you saw all these police officers and they're risking their lives with alligators and snakes in this horrible area.

If they found him, could they have arrested him? Because I haven't heard that they could have. If they found him, were they allowed to put handcuffs on him? Or were they then just allowed to kind of track him when he was in public spaces? I have not heard that there is an arrest warrant. There is an FBI warrant out for his arrest. So the question you asked, Megan, about whether it's admissible or not, that's really in the discretion of the trial judge making the analysis that Mark just did. Does the probative value

outweigh the prejudicial value? Because obviously it's prejudicial and every judge may look at that a little differently depending on who that judge is. I mean, I predict if they find him that both of those things come in. But making the case, we'll talk about circumstantial. Like you say, Arthur, unless there's his skin underneath her nails or something on her body that directly ties violence to him, not just a relationship. Right now, this does not look like anything close to an open and shut case against him. So we'll see. There was one case, Megan, I just want to say real quick, there was one case I was around in Brooklyn where they did convict the guy and the only thing they had was the deceased, a little tiny piece of the deceased DNA in the trunk of the defendant's car.

They never found the defendant's body. There never was a cause of death, but it was an absolute stranger. And why would this individual's DNA be in this defendant's trunk? Okay, but that's absolute stranger. That's absolute stranger, right? His DNA could be all over her.

Under the fingernails is a little tougher to explain, but they were boyfriend and girlfriend. They were in this sharing this van together as their home. We don't know what we're looking at yet. It's just to me, one of the troubling things is it's not open and shut as a legal matter, even though my feeling is I wish it were. It may get there as the evidence continues to come out in the coming days. All right.

My guests today are lawyers Arthur Idalla and Mark Eichlarge. And we have so many cases to go over. Up next, we're going to discuss the ongoing trial right now of Theranos founder Elizabeth Holmes. The jurors just heard testimony from retired four-star General James Mattis, our former secretary of defense, what he had to say on the stand and what it means for Elizabeth Holmes' defense that, quote, failure is not a crime. Don't go away. Welcome back to The Megyn Kelly Show. I'm joined today by my favorite legal eagles. Mark Iglar, she's a former prosecutor, now criminal defense attorney. Arthur Aydala is

a trial attorney. He has been a prosecutor. He's been a criminal defense attorney as well. And now he's managing partner. He's super important at Idalla, Bertuna and Caymans. Up next on the Kelly's Court docket, the trial of Theranos founder Elizabeth Holmes, or as I like to call her, Elizabeth Holmes. So she started this company, Theranos, which was supposed to, she dropped out of Stanford at age 19, this whippersnapper. She was going to be the female Steve Jobs. She was going to change, revolutionize, pulling out blood from your arm to, you know, the nasty vial where they have to stick the needle all the way into just a pinprick on the edge of your index finger. One drop of blood and they could do all these tests, up to 200 tests, she alleged to both investors and customers alike. Only problem is it wasn't true.

It was never true. They got there. They never got there. And she had investors from Rupert Murdoch, Betsy DeVos, the Walton family of Walmart, even Mattis, who joined her board, invested eighty five thousand bucks of his own personal money. All these people believed that she was this amazing, you know, Steve Jobs type character and put money in her company, which was valued at nine billion at its peak. And it fell completely flat. And the question and by the way, her her little invention, Edison, that was like the box that would process your blood. This thing was in Walgreens was in some like 30 or 40 Walgreens. I mean, like she was getting

mainstream play on her products and her business and she was on the cover of Forbes, blah, blah, blah, blah, blah. It's a big deal if this was all a fraud from the beginning and a knowing fraud. And that's the question in what's now a criminal trial is a criminal fraud trial being brought against her um by um well i mean against her and then in about a year i guess against her the guy who was president of her company and coo um who was also her lover sunny balwani now interesting defense she seems to be going with battered women's syndrome, which you tell me, I mean, I understand that makes you like shoot the person abusing you. I don't, I've never heard it used as it made me commit a fraud on the secretary of defense.

I don't, this is an unusual use of it. But I'll start with you on this one. Arthur's that good. He could pull that off. Arthur could pull that off, but they didn't hire Arthur. I've actually been involved with those cases as a prosecutor and as a defense attorney. And yes, Megan, you accurately stated a battered woman syndrome, all that does is minimize a murder to a lesser charge

that still carries a significant penalty, but it's because she was so... I'll brag for a second. I changed the law that it's no longer battered women's syndrome. It's battered person syndrome because I had a gay man who killed his gay lover. And it was the first time in the United States of America I used battered person syndrome.

And in fact, you know, he got a much favorable result, but it doesn't, as you said, it doesn't mean that you could go off the deep end and really create some invention that you know doesn't work. I could say, wow, it would be great if I took this pill in the morning and everyone could grow hair. And I asked Rupert Murdoch for $125 million because I tell him it works and it doesn't work. And that's the bottom line here is she created, she had a great idea. It would be wonderful if you're in a military plane

and you could prick a officer's finger and in minutes find out if he's got cancer or if he has all these other diseases, yeah, that would be spectacular. And that's what she sold. And it never happened. And it's a fraud. And it's the textbook definition of a fraud. And she's got big problems coming. Batter's women's syndrome doesn't justify a crime spree. No, but give them more credit. Hold on, you two. First of all, let's make a few assumptions. She's got probably really good lawyers on her side. And I know then that they wouldn't walk in and say she was battered and thus she's justified in committing fraud. You know, there's more to it. So let's give them more credit. They say it affected her judgment. That's what they said,

her judgment. Yeah, let's keep going. In fact, this judge made an unusual move, even though they're both charged together to separate out her from her ex-boyfriend. So because he had to he had to grant the separate. Of course, another prosecutor in the room against. Of course, it was the right move. But let me keep going with what the theory is, because you guys are minimizing the defense. She's going to say not only was she battered by her ex-boyfriend, but that was part of the reason why she was misled. She believed in good faith that this product was going to work.

And that guy over there prevented me from seeing everything. Again, it was a cycle. It wasn't just preventing me from hearing the facts, but he was abusing me at the time. I think that she's got a better argument to make. And by the way, it bothered me tremendously because my daughter, she's turning 18, deathly afraid of shots. So I said, wow, I hope this is real because a little prick to the finger would certainly serve my daughter better. And boy, it was too good to be true. Well, apparently Elizabeth Holmes was deathly afraid needles, too. This is one of the reasons why she got focused on this. And sure, it would have been amazing. And she dazzled all these older guys.

Our former secretary of state, George Shultz, was on the board and James Mattis and Arthur. What the prosecution is alleging is there's a reason she had all these military guys on the board instead of medical people. Because, like, they don't know anything about medicine. Right. And she was, look, she was a master marketer. There's no doubt about that. And one of her big angles was, besides civilians walking into Walmart and getting results instantly, it was all about the military.

Oh, we'll be able to carry this little Thomas Edison box onto planes and onto mass units and get immediate results for the military. And that never happened in her deposition. She's asked, did that ever take place? No, but she sold it like she sold it. Like it was,

it was going to take place. She told investors something very different. And John carry you who broke the story wide open. He's really the reason her whole company started falling apart. He's of the Wall Street Journal. He did the book Bad Blood, which became a podcast, which I recommend to everybody. But anyway, he talked about that, too, about how one of her big selling points was to say, oh, the military is using Edison in my products. And, you know, you hear the military is using it.

You're like, oh, wow, that's actually pretty good. If it's good enough for them, it's good enough for me. And here she is in her deposition admitting the truth listen how many tests could it run at that time in 2010 um i i don't know exactly what the number was there was probably um tens of of tests so when you say tens of tests you mean something less than 100 yes as there is technology deployed in emergency rooms hospitals and provider offices no was a theranos manufacturer device ever deployed in the battlefield was it ever deployed in a medevac helicopter?

No. Mark, that's not good. No, but here's, listen, you ready? The key for me in this case is what do the emails show? The same way it's in the Gabby Petito case, what does the body show? In this case, what are the emails? There's got to be thousands of emails, which they've obtained, where it'll either show when

somebody's saying, hey, this isn't working the way it's supposed to. What's her response? She doesn't know anything about the science. She was born and raised. She didn't have a language. She was given a language. She learned a little bit about some things over the years in her life. She's not an expert. So she's being told certain things. What do the emails show? Well, that's the thing, Arthur, because let me tee this up for you, because here's what they're already starting to say. How is what she did any different than what any entrepreneur in Silicon Valley does, where they overstate, you know, it's puffery, right? Like, yeah, we're amazing. Yeah, we're totally going to revolutionize the world. Give me your money. How is it different? There's because there's this invisible line that that we all cross or don't cross in so many areas, especially of the law.

But Mark, when you say she's not an expert in this, you have to become an expert in this. If this is your life and all contraryire she she prided herself on she only kept bottled water in her refrigerator she slept four hours a night and she wore the same thing they asked her what's your favorite place to go to she's like my office oh so all she she held herself out definitely definitely as an expert in this and as as her expertise, after putting together her medical team, she's now telling these billionaire old men, look, I have basically figured out how, what was her line, Megan? She's like, not to let people leave too soon. That was her thing. And all of her- Here's the question. Yeah, I know that's what she's saying,

but garbage in, garbage out. What is she being told? What's she being told- But she's the COO. She's the boss. She's CEO. The buck stops there. Sorry, the CEO. I apologize. Hold on. Hold on. Let's say I start some type of business. I get experts around me, right? They're telling me something that they created, that we've created, does X, Y, and Z. I, as the CEO, puffing what they do, bringing us some real money, I say, this is what it does. Turns out it doesn't do that. There's a difference between civil liability and criminal liability. That's why I say I want to see the smoking gun evidence. Here's the smoking gun. The smoking gun is when they started doing the tests,

when they were testing our tests in regular labs, the results were wrong. So once that happened, you have to immediately alert the shareholders, immediately alert your board of directors, and immediately fix the problem. These are people's lives that we're talking about here. Do you have AIDS? Don't you have AIDS? Do you have cancer? Don't you have cancer? You have to immediately pull the plug. And that's where it goes from being civil to criminal, because she didn't do that. Because this is what we're seeing so far with the prosecution is they're they're on to this possibility, Mark, that she's going to say, I know nothing. You know, Colonel Schultz, Colonel Sergeant, I know nothing. And so they're trying to introduce evidence that these problems

were widespread and that people within the company were raising them or jumping up and down trying to raise them. And they've put on a young woman who is described as a whistleblower who worked in sort of the, let's say Erica Chung, she's one of the people called by the US Attorney, she said, she got hired, she left the company a year and a half later, she resigned because she didn't think the company's technology was ready to process patient samples. I was uncomfortable doing that. She testified about a nearly 1,800-word letter she wrote to the Centers for Medicare and Medicaid Services trying to sound the alarm on this. She said Theranos ignored the standards

for staff credentials. They frequently used expired lab samples. Their testing devices had major stability, precision, and accuracy problems, and so on. Then you've got, hold on a second, blah, blah, blah, because I think she actually talked about raising it internally, too. Oh, yeah.

Sarika Ganga-Hedkar, forgive me. I'm sure I butchered that, but I tried. She took the stand, alleged Elizabeth Holmes knew that the Walgreens rollout was premature. This is a former Theranos chemist of eight years, said Holmes pressured the staff to make the Walgreens rollout was premature. This is a former Theranos chemist of eight years said Holmes pressured the staff to make the Walgreens rollout happen anyway, even though she knew it wasn't ready. And then they put on a nurse practitioner who talked about how, in one example, the bad Theranos testing led the nurse practitioner to believe one of her patients, Brittany Gold, who also testified, was miscarrying her pregnancy.

That they had a serious talk about how to finish the termination so that the mother would be okay, would remain healthy, believing that her baby had already died inside of her and offering medication to sort of finish off, you know, what was she believed already a miscarriage. And it wasn't true. And the woman took the stand. Brittany Gold said, oh, my God, thank God that this nurse practitioner recommended another test someplace else because it turned out my pregnancy was fine. I went on to have a baby girl. I mean, Mark, that's not criminal.

If that's not criminal. Easy. You are third. Let me just say this. All that's problematic. And I'm not saying she's innocent. I'm simply saying that you guys are overlooking the fact that she's going to say that any concerns that she had with anything they were doing, she ran by her ex-boyfriend, you know, the one who was also indicted, who's also awaiting trial. And he told me X, Y, and Z. In fact,

every time I raised some of these issues, he gave me an answer. And then he gave me a backhand as well. She's a CEO and he's her COO who answers to her. How does it excuse it that the man I hired and relied upon for information? But I hired him. I mean, I put him in that role. It gave me bad information. So let me support brother Mark over here. Yeah. Because reading excerpts of the opening statement of the defense, I think Mark is following what their roadmap is and it's almost a form of jury nullification.

It's like Sonny, Sonny, Sonny made me do it. That's where you tie in the battered woman syndrome. He says, she worked hard. She worked tirelessly. She didn't take any money. There were times when she could have cashed out and became a billionaire. She didn't do that. She stayed with the ship as it was going down.

And while that was happening, this guy was beating the heck out of her and controlling her and doing all these things. And basically, and I've done it successfully at trial, even though she's guilty, cut her a break, ladies and gentlemen of the jury, because she's not a bad, evil person. And the other piece of that, I agree with you. That's where they're going. And I do think it's helpful to her side that they've been arguing on the defense side. She had so many opportunities to sell this thing for millions and millions of dollars, and she didn't. Right. So if you're just in it to commit a fraud, you know that you would have gotten out while the getting was good. But you could also argue that she knew as soon as somebody else took

over that they'd see the jig was up and then come after her and sue her. So I get all that. But I do think that a state of mind is going to be important, important, whether she knew is going to be important. And the more they play up this sort of abuse factor that her she wasn't of right mind, she was not herself. She couldn't form accurate judgments, maybe could have an effect. The second thing is they're going to demonize the investors because already we've heard they were billionaires. They were sophisticated. Who the hell could defraud Rupert Murdoch? You know, like he's – this isn't some –

Who is that? Who is that? Who's Rupert Murdoch? This isn't some Rube from the middle of nowhere who's never, you know, who's doing like a day trade. He knows what he's doing. So they're trying to nullify, I think, on a couple of points. All right. Much more because right after this break, we're going to play the soundbite of Elizabeth Holmes' changing voice, which you've got to hear.

And then later we're going to talk to the panel about Don Lemon and his upcoming case, the case against him by a man who accuses him of sexual assault. Don't go away. Welcome back to the Megyn Kelly show, everyone. I'm joined today by Mark Eichlarsch, and he's a former prosecutor, now criminal defense attorney. Also with us is Arthur Idalla, same resume, and also now a trial attorney. Also with us is Arthur Idalla. Same resume and also now a trial attorney managing partner at Idalla, Bertuna and Kamens. All right. So the thing about Elizabeth is the prosecution is going to paint her as a lifelong fraud, as somebody who, yes, she was. She looked the part. She wore the black sweater every day to look like Steve Jobs. So she didn't have to think about wardrobe wore the black sweater every day to look like Steve Jobs. Quote, so she didn't have to think about wardrobe.

The messy bun every day. This image of not sleeping, as you point out, Arthur, and just water. Okay, sure. And one of the things that's come out in the many documentaries about her and the podcast about her is even her voice is allegedly fake low. It's not the real low. It's the fake low. It's not the real low. It's the fake low. And here is Exhibit A. This is via an ABC News special report

called The Dropout, which I recommend to everybody. Listen, watch. But Ana says Elizabeth's transformation didn't end there. Her voice. What she could figure out. A surprising baritone.

Was that it would likely cost her a few thousand dollars to get these tests done was fake according to anna we didn't know that it wasn't her voice until much later i think it was at one of the company parties and maybe she had a little bit too much to drink or whatnot but she fell out of character and exposed that that wasn't necessarily her her true voice. In this interview with NPR from 2005, we hear a very different sounding Elizabeth. No, it hasn't. Well, if I

use traditional words to describe what we're doing, it's hard. Ah! Come on! You hate that, Megan. She's faking. You know what it reminded me of? It reminded me of your holiday party where Mark and I got a little crazy on the stage. That's what it reminded me of. It reminded me of Charlize Theron playing holiday party where mark and i got a little crazy on the stage that's what it reminded me of it reminded me of charlie's theron playing me

it is she did a fake the fake low voice whereas i i can go high i can be like almost so sopranic yeah i mean this whole thing my soprano the voice. I mean, it's leading to, you know, no, because mental disease, a defect defense. I mean, if if I personally, you know, the effort it must take to go around talking all the time in a different voice. I mean, it can't be something it can't be a very easy feat to accomplish. And it just goes into somebody's really their mindset as to how they're going to conduct themselves. There's one thing to look at Steve Jobs as a role model, right? There's absolutely nothing wrong with that. It's another thing to really change who you are to become someone else. And what does that is? That's part of the definition of fraud, of perpetrating fraud.

You know, the difference between Elizabeth Holmes and Steve Jobs? Steve Jobs got it done. I was on Larry the Cable guy earlier on his show. He got her done. She didn't get her done. She had no meaningful product. She lied and said she had 200 tests that this little box could do. In reality, it could only do 12. People's health care was in danger. Plus, she had tons of time. I think she started the company in 2003. This went on for 15 plus years. It wasn't going to happen, Mark. She never came to terms with it. She continued to lie to get investments and to push it out to products and middle America, innocent victims through Walgreens and other means. Okay. And if the defense has a chance of prevailing, they start off and they say the government's right.

Ultimately, the product didn't work. And so we don't have to focus on that. The issue is, what did she know? Yeah, they're saying failure is not criminal. Hold on. Fraud versus failure. This is just failure. It failed to work. It wasn't fraud. And here's why. And again, that's what they're going to focus on. So how long could she go away for, Arthur, if she gets convicted? Oh, I mean, you want to talk reality or by the law? By the letter of the law, I think it's 20 years. I don't think she's going to get 20 years here.

It's going to, a lot of it depends when you do the federal guidelines calculation. A lot of it depends on the loss amount. How many people lost how much money. And that weighs very, very heavily into the judge's calculation of where she would fall in the federal sentencing guidelines. And that will be part of the prosecutor's evidence. It'll be part of what they put on, which is who lost how much money and they have to connect it to her fraud and that's why they lost all the money. But we're talking about a lot, a lot of money and it doesn't

matter if it's from people who are already billionaires, which is what the defense attorney said in his opening statement. Well, the people who lost money, they're already billionaires. Well, you know what? I'm sure the billionaires weren't happy to lose $125 million. You're not allowed to defraud billionaires.

There's not some special exception to the fraud rules. Can I just round back to the Gabby Petito case? Because my team's just telling me that a headline just dropped that Adam Moab, Utah, they're now launching an investigation into those cops whose video we just watched, the body cam, you know, where they stopped them. They're launching an investigation into them to see whether they handled it correctly. I mean, hindsight is 20-20. I will defend them for free.

I will defend them for free. At first, they were following the letter of the law, like, technically, she put her hands on him, and so now we're going to arrest her, which meant they would have blemished her record for the rest of her life because you can't seal or expunge those domestic violence cases unless they're dropped, and they're really going to ruin her life. Ultimately, they didn't need to arrest her. They did the right thing. I watched an hour and 17 minutes of that body cam footage,

and I will defend them for free. Mark, just explain why you're talking about they should have arrested her as opposed to him when what the cops had been told prior to arriving there is that he had been hitting her. And then ultimately they conducted their own back and forth between her and him. And one cop apparently had some history that he utilized to to relate to this guy. And with what they knew at the time, they treated them both fairly. In fact, I kept wondering, don't they have any crime in that town? It was amazing how much time they gave back and forth.

They didn't make any quick decisions. So, but the thing is, she tried to take the blame. She tried to say, oh, it was me. Oh, you know, I instigated it. But that's what that on the subject of actual battered women. I mean, I don't know what Elizabeth Holmes, what happened with her and this guy. So I don't know, but I don't think it excuses her alleged fraud. But when it comes to battered women, they do tend to take the blame. An abused woman tends to make excuses time and time again,

especially when the cops get involved. They don't want to see the abuser get arrested. Especially when they're vulnerable. She's relying on him. They're in the middle of nowhere. She's exactly on the other side of America from her family. She's dependent on him. And one of her biggest fears and the reason why they made him sleep in the hotel and her stay in the van was because he was going to leave with the van and he was going to abandon her. So, I mean, you have to say, I mean, I'm with Mark on this. Mark, I'll join you on the legal team. I don't see the cops doing anything wrong here. All right. But let me play devil's advocate. I'll play devil's advocate and say, let's back up to before the cops got on the scene and take a listen to the actual 911 call that led the cops to find Gabby and Brian.

And here's what they heard. Listen. We're driving by and I'd like to report a domestic dispute. Florida with the white van, Florida license plate, white land, gentlemen, five, six years. They just drove off. They're going down main street they made a uh a right onto main street what were they doing uh we drove by and the gentleman was slapping the girl who's slapping her yes and then we stopped they ran up and down the sidewalk he proceeded to hit her hopped in the car, and they drove off. No.

Well, okay. That sounds bad. The question is, number one, did the cops at the scene hear the 911 call? I'm not sure that they did. I think they're getting relayed information of a domestic dispute, and they're there to settle what really happened. There's a difference between, as we know in eyewitness testimony, believability versus accuracy. Someone could say, oh, this one was slapping this one. Cops know that that's not always very accurate. So they're there to discern what's the truth and what's not the truth. And I watched them for over 70 minutes go back and forth and back and forth. And ultimately

they separated them without arrest. Hindsight's 2020. And what they're saying. Let me stand you by there because we're coming up against our only hard break. We have one in each hour. We're going to pick it up, though, in two minutes on the other side, where we'll talk about Don Lemon's sexual assault case against him and Britney Spears. Don't go away. Welcome back to The Megyn Kelly Show, everyone. I'm joined today by mark eiglars and arthur idalla my legal dream team former prosecutors criminal defense attorneys and arthur is a now managing partner at idalla bertuna and caymans uh in 20 minutes would love to know your verdict on the cases we discussed would you turn your child over to to the FBI if they got wrapped up in something horrible like this? Or would you help save them? Would you do what these parents allegedly did, which is lie to the cops, the police, hide your kid? Call me 833-44-MEGAN,

M-E-G-Y-N. That's 833-446-3496. Up now on the docket, Don Lemon, our moral arbiter who's trying to tell us what bad people we are night after night is, I say, credibly accused of sexual assault. This is not your average variety, you know, case against a celebrity, where there's no witness, there's right, like, this guy's got a witness who's brought this case against him, which I think makes this worthy of serious thought and consideration. The accuser's name is Dustin Heiss. He's 38 years old. He's a bartender at a pub in the Hamptons. The incident happened on July 15th, 2018. I believe it's undisputed that Mr. Heiss, Dustin Heiss, went to Murph's Backstreet Tavern in Sag Harbor in the

Hamptons. He saw and recognized Don Lemon. He said, hey, Don, let me buy you a drink. He then turned to Nick, the bartender, and said, hey, Nick, get me two lemon drops. Ha ha. Get it? Lemon drops. It's like how people get me the Kelly green T-shirt. Don apparently at first didn't want anything to do with it. Looked at him and said, I'm just trying to have a good time, man. It kind of blew him off.

Dustin Heiss says, I am not gay. I was not hating on him. I'm a heterosexual male. But he took offense to it. Took it as me flirting. This is all Dustin to FoxNews.com. I've got an interview with him. Lemon allegedly approached Dustin Heiss, according to Dustin, a short time later.

And this is what Heiss says happened. Quote, about five or ten minutes later, Don gets up, walks around the bar, comes right according to Dustin, a short time later. And this is what Heiss says happened. Quote, about five or 10 minutes later, Don gets up, walks around the bar, comes right up to me, puts his hand down his board shorts. He rubs himself aggressively, his penis and quote, whatever else is down there. According to the lawsuit, Lemon put his hands down the front of his own shorts and vigorously rubbed his genitalia, removed his hand, then shoved his index and middle fingers into the plaintiff's mustache and under the plaintiff's nose. Lemon then allegedly asked a crude question about Heiss's sexual preferences saying, do you like, I don't say the P word, but the P word or the D word,

and then repeatedly kept saying P or D, P or D. He said it like three or four times, according to the plaintiff, who says, I was like, whoa, man, what the hell? He says he was left shocked and humiliated, was traumatized, fled the bar, said it was vile, was disgusting, was humiliating. It was inhumane and has an eyewitness named George Gunalis who managed Dustin Heiss at another bar, saw the whole thing and says, at first I thought it was like funny. I was making fun of him. And then I realized the to him, even though I don't like him. Totally denied, vigorously denied all of it, said it never happened, said this guy's trying to do a shakedown for dough against him. So you guys tell me, because you handle civil cases as well. That's

what this is, not criminal. What do you think is going on here, Mark? Okay. So the first thing was, wow, this is really detailed, right? When it's that detailed and that unusual, it tends to suggest that it might have happened. That said, I don't know. I mean, the guy backing him up is not an independent witness. It's his boss. I'm wondering really if this even did happen, his claim for over a million dollars seems like a bit of a money grab. If it really did happen, what is the dollar value on that? Which is a separate issue, but it goes back to the first one. When you start demanding, oh, my life is horrible, I'm depressed as a result, I start to question the whole thing. Okay. The reports are that his lawyers made a demand of one point five million dollars in exchange for not filing the lawsuit, not going public with the lawsuit and that they were allegedly offered by Lemon and his team six figures.

But that wasn't enough. I mean, six figures for something like that's nuisance value. You pay a hundred thousand bucks. That's like go away just to spare me the public embarrassment. But they weren't going to pay 1.5 million bucks. And no jury would order that. Arthur would be a billionaire if he got paid every time someone did stuff like that to him. Come on. I think Mark's done that to you on this show. What?

No. Exactly. I mean, here's the truth, and I know Mark will agree with me, and I'm being very serious. If you eliminate alcohol and nowadays Oxycontin from the world, Mark and I, a huge percentage of our business would disappear. Because when people, when alcohol is involved and now, unfortunately, Oxycontin, people's judgment goes out the window. So I have firmly adopted the phrase, never say never. If Don Lemon is really drunk, the way on our last story, the young lady there was really drunk and changed her voice. If he's really drunk and he's on a tear, it's definitely

in the realm of possibilities. On the other hand, it's totally a money grab, but you know what? What the heck? I mean, as you said, Don Lemon holds himself out as holier than thou, he's the moral arbiter of the world. So if he screwed up one night and he's making a lot of money, it's not like $1.5 million is going to put him on the poorhouse. Yes, it's a money grab. But as Mark said,

there's so many details here. There is a ring of truth that something along those lines had to have happened. Arthur, so because he holds himself out to be holier than thou and because maybe he's got deep pockets somehow you let someone make a mockery of the civil system assuming it took place

who knows what a jury will do a jury make him five million dollars who the hell wants don lemon's penis smell on your face i don't get that may be worth more than if you broke your arm in a car accident i'm not looking for someone he's lucky he wasn't me because Don Lemon would talk a little differently now because I'd rip his tongue out if I didn't punch his teeth out. Are you crazy? I mean, I can't believe there was no physical assault that accompanied that action by any human being. I mean, come on, Mark. You're no shrinking violet. You weren't going to let someone do something like that without retribution, immediate retribution.

That's the part of the story that doesn't ring true to me. If he did that to me, I think out of instinct, I'd punch him right in the face. That's what the boss was as George was saying. He's like, if that had done, if he had done that to me, I would have punched him right in the face. But George, not everybody's built like that. I mean, the plaintiff in this case, Dustin seems to have been genuinely humiliated and said, and I quote, the guy who assaulted me is on television every night. It's like a knife twisting in my side on a daily basis. I've laid in bed and felt my heart beating

out of my chest after I watched the news. And let me tell you something. If this victim, alleged victim were a woman, none of us would be questioning that. Mark. That's true. Believe all women. That's what the, the, no, we don't believe all women and we don't believe all men either. And I say general of my state said, I believe all women. That's what the... No, we don't believe all women. And we don't believe all men either. That's what the attorney general of my state said. Believe all women. I am not a Don Lemon fan, but I am a fan of the law. And I want to make sure that we're not just completely railroading this guy because I don't like him. But I agree with this very, very detailed account. Doesn't necessarily mean it's true, however. Megan, you just said if she was a woman, if the alleged victim was a woman,

we wouldn't be questioning that. what the allegations her her trauma her trauma you know like arthur was saying later or you or you were saying one of you guys was saying like you know ongoing anxiety and stress you question it i don't think so if that's if this were a woman you think we'd be questioning her saying it's trauma it's traumatic for me to see this person on tv you know i they they hold themselves out as this advocate. Millions of dollars depressed in a bed the way he's alleging. Come on. I'm with Arthur.

If I had that penis smell all over me, I would say it's worth 1.5. I'm offended by thinking of that. I don't even want to see that or hear that. Ooh, okay. We're going to get sued by our audience just for bringing the image into their heads. It's going to be an interesting trial. It's not far from us, from me here in Suffolk County. And I actually practice in that courthouse.

It's going to be interesting. And boy, that is not going to be a fun day for Don Lemon when he's got to go in there. He's not going to go to trial. He's going to categorically deny it. I mean, I could see a settlement. I could see a settlement coming down the pipe. No question, especially because of George Canulas. And by the way, I disagree that he's not independent just because he's the boss.

I mean, you hear this guy. He's like, I was making fun of Dustin for the rest of the night and for days thereafter. He doesn't sound like he's up Dustin's you know what. Now we're really in some ugly images. He sounds like a guy who just saw something that he thought was like funny in a humiliating way and then came to realize it was genuinely traumatic. By the way, if this really did happen in the crowded bar, Merv says they all claim on the plaintiff's side there should be other witnesses. So we should hear from more than just George.

And if they start lining up other independent witnesses, for sure Don settles this and it may be for seven figures. Okay. Megan, do you see CNN coming to the plate and saying, Don, you know, we'll help you financially to get rid of this so that the whole network doesn't get embarrassed? No. I mean, CNN so far has been like, he's vigorously denied. They don't care. They're not conducting an independent investigation into their anchor. Do you see them giving him money to make it go away? No, no. I definitely don't see that. I think this is a Don Lemon problem, not a CNN problem in terms of money.

Now, in terms of credibility, different story. And I really think just the reason I've mentioned it repeatedly is because, look, I don't know whether Don Lemon did this or not, but I am sick of that guy being the moral judge of everyone. And it's always Trump voters, Republicans who he thinks are so stupid and mockable. Well, who is he to cast stones at anybody, right? Like, I just I'm sick of it. You know, people do stupid ass things. Maybe he did it. Maybe he's sorry. Maybe it wasn't as bad as this guy says, I don't know. But I want him to stop lecturing America

on how to be better people until he gets his own house in order your honor i'd like to use a cause challenge on miss kelly definitely granted granted all right let's move on to britney spears because we've had updates in her case i mean you tell me but it's like total victory for britney complete surrender by her dad jamie spears um Not only is he now agreeing that the conservatorship should end, he's even agreeing that it should end without a further psychiatric evaluation, which is exactly what she said. I don't want to have to go through one of those again. And now her new lawyer, and she was able to get her own lawyer because of the last public court

hearing she had where she was like, I want my own lawyer and I was able to get her own lawyer because of the last public court hearing she had, where she was like, I want my own lawyer and I want, you know, on out of this conservatorship. She got her own lawyer and the old lawyer is saying, not only is this a massive legal victory for her, we're going after him. We're going after him. There's not going to be a settlement between us and him. Our investigation into his financial mismanagement and other issues will continue. Yikes. So what does all this mean, Arthur? How did we get to the point where Jamie Spears completely gave up? Well, if they're threatening a forensic accountant coming in and looking at his dollars and cents, what they say on TV and what happens behind the scenes may

be something different. The knee-jerk answer is maybe they're working out some sort of a settlement, but they should have been all along, they should have been a court-appointed accountant or guardian of the guardian. As soon as she made complaints, there should be a double check of the system. And it's not hard to follow the money. She's not like she's getting paid in cash. So it's like there's checks, there's bank accounts, and somebody has got to double check this guy that he didn't either one, intentionally do something or two, meaning squander her money or two so negligently negligently negligently did something that that really

diminished her wealth it's all it's all this is all about money at this point apparently she's getting married there's going to be a prenup she's moving on with her life good for her she's moving on all right she's she's already posting videos on instagram of her pretty much naked bottom uh i don't know how that celebrates this victory but okay maybe it's like you can kiss my you know what um and she's doing like cartwheels like all the things she's very very happy which is good it's good to see this poor gal happy who's been through so much um but you tell me what this means mark because this is from jamie spears the dad um from his attorney as miss spears has said again and again as mr spears has said again and again, as Mr. Spears has said again and again, all he wants is what's best for his daughter. If Miss Spears wants to terminate the conservatorship and believes that she can handle her own life, Mr. Spears believes that she should get that chance.

To me, it's like it's to me. This is like the dad being like, let's see how that works out. No, here's exactly what I see. It's the person who has done something wrong in the workplace. They're about to get fired. They go, no, I'll resign. I'll resign. It's the country that sees the enemy advancing after winning numerous battles, and they're about to be pounced.

They go, no, no, no, I will surrender. We're giving up. He knows because of the court of public opinion and he sees what's going on in that courtroom that his ousting is a matter of days away. And he goes, no, no, no. I want what's best for my daughter. He's looking out for himself as he always has. The other piece of it, Arthur, is that Netflix is about to come out with yet another. They didn't release the first one. I think the first one was the New York Times, the free Britney thing. But but Netflix is about to release a Britney Spears documentary. They released their trailer that's hanging over him because it gins up public opinion. And they're claiming that they've got some sort of confidential document that was leaked to the filmmakers by someone involved with the conservatorship. I don't know what's in there. But here is the trailer touting what they have. I don't owe these people anything.

No one would talk. I'm not going to acknowledge that I was ever brought in to evaluate Britney Spears. Until they did. Someone very close to the conservatorship leaked me this confidential report. Britney had to go into court a million times, all of these hours of criticizing her. It's an epic fail of the legal system that this has gone on for so long. How do you get out? You don't get out.

Until you scream. I deserve to have the same rights as anybody does. It's been 13 years and it's enough. So how much do you think he's worried just the PR war is lost? I don't think he cares. I mean, he's not really a PR guy. I think he cares about the dollars and cents. I think he cares about what's in his bank account, what he can keep. You know, there are clawback provisions, right? So if a forensic accountant is appointed, they go back into court and say he was just putting all kinds of money in his pocket.

He was buying himself extravagant items that it's Britney's money. That's not what he's supposed to be doing. A court could absolutely put in some sort of a restitution order and say, you got to give it all back. I would think that's where his fear is. And he knows what he did or he didn't do. And ultimately, it could lead to criminality if it is so egregious. He's trying to get money on his way out the door, Mark.

The new lawyer has previously accused Jamie Spears of abusing his position of control over her finances, challenging Jamie Spears' latest request. The dad has filed the latest request to fund more than $1 million in attorney's fees. He wants Britney to pay a million bucks in his attorney's fees, including $541,000 for, quote, media matters. So in his dealing with the media and the lawyers, he wants her to pay for it. I'll play devil's advocate. I don't know what their contract is. And I do know that he's alleging that her finances went up significantly while he was acting in her best interest. And the numbers could bear that out. So maybe he isn't entitled to it. I don't know. A million bucks though, Mark. I don't know about your rates. That's a lot of legal work, a million dollars

in legal fees. Hey, that's just another Thursday to you, baby. Come on. I went a whole lifetime of Thursdays. Managing partner. It does seem like a large amount of money for legal fees in this type of a matter. All right. So let me ask you this. So the conservatorship is going to end and Jamie Spears is going to slink off and they'll

do this forensic accounting and figure out whether he's been doing something awful. But what are the odds that it could be reimposed? You know, if she has a meltdown, if she goes through all of her money, she's about to get married. They're saying that we need a new conservatorship, just a new person in charge of this conservatorship, just temporarily until it wraps up because she's going to need a prenup. The dad should not be in charge of it. You know, do any of us think that she's perfectly stable? And I'm concerned about what life holds for her. It doesn't mean I think she should be under the dad's control. But what happened?

Could it be reinstated? Someone's got to step up. And who's going to step up and say, who's going to step up? Who's going to file a petition in the court, in the guardianship court and say, listen, I think she's losing it. I don't, I think she's squandering all her money. She married this guy. She refused to sign a prenup.

Whatever. They're going to have to show a judge that, in fact, she's going off the rails. And then they'll start this all over again. But someone has to do that. Clearly, she's not going to do it. I doubt her father's going to do it unless we're totally misjudging the father. And he really does love his daughter. And he knows things that we don't know.

And he knows that she's not right in the head to handle her own affairs. I don't ever see this being reinstated, number one. And number two, just make a list of everybody in Hollywood. You can equally have as much concern for them and their stability or lack thereof than Britney on her worst day. I think that a conservatorship, again, is reserved for not just the wacky, not for people who are unstable, but people who are like in comas. Right. I think coma think of dementia. That's what we're talking about. And and her being a little wacky, eccentric, even off the rails. That doesn't do it. Yeah. Well, in what world can Britney Spears put on

shows before hundreds of thousands of people live and there's a conservative show and Hunter Biden can walk around just perfectly fine with nobody overseeing him whatsoever. And by the way, he has access to the Oval Office. All right. Much more on the docket coming up, including me. I'm on the docket and I'll tell you why in a minute. And in 20 minutes, a little less than I'd love to hear your take. I'd love to hear your verdict on the cases discussed. Would you turn your child over to the FBI if, God forbid, they got wrapped up in something horrible?

Or would you help them out? Call us, 833-44-MEGAN, M-E-G-Y-N. That's 833-446-3496. Welcome back to The Megangan kelly show everyone joined today by lawyers mark eiglash and arthur idalla and i want to know your verdict on the cases we're discussing what do you think about the britney spears conservatorship finally ending call me at 833-44-MEGAN m-e-g-y-n that's 833-446-3496 and now to the ha the Halloween prank that is likely funny to everyone unless you witnessed it live. So, okay, this is a case out of Galveston down

in Texas where a lawyer named Mark Metzger thought it would be funny in the wake of the killer hurricane or in the wake of the hurricane, Hurricane Nicholas, which shut down courts for the day to go out on the beach under the Galveston Island Pleasure Pier dressed up as Michael Myers. The crazy, you know, like with the hockey mask. What's the movie? Why am I forgetting the name of the movie halloween halloween thank you duh look look at the pictures so they the police come he thinks it's going to be funny the police come they approach him and apparently he tries to stay in character as the killer when they when they first got him do we have video of this or is it just the still shots, Debbie?

Oh, we have the video. Okay, let's watch it. There he is down on his knees. Here come the cops. He goes down on all fours. They're treating him like he's a real Michael Myers. OMG, you guys. So he, I guess the police received a call

about a man walking the beach while carrying what looked to be a bloody knife. And, and they went and arrested him and the arrest stands right now. So what do they charge him with and why are they doing this? Ridiculous, ridiculous, disorderly conduct. I mean, yeah, give him an award for being a knucklehead. I don't think there's anything funny about it. I think in this day and age, particularly Texas, where four-year-olds have guns, apparently, you're really, you're going to go out there with a knife, you're going to act like a fool on the beach. I think he wins the award and he's guilty, the court of public opinion, for doing something stupid, to me, not funny, but clearly not a criminal act. I would defend him for free if it was here in South Florida. You got a lot of work coming your way, South Florida. You got a lot of free love. A lot of pro bono over here.

What's going on? I'm in South Florida, my backyard. I'm not going all the way over there. Sadly, Megan, we're in a place in our society where, I mean, besides the political correctness, you can't tell a joke. But because of the violence and guns and cops, you know, walking on pins and needles every moment that they're on the job. Yeah, it's like, as Mark said, you kind of get the knucklehead of the year award.

I mean, I think it's a waste of time to arrest this guy. I think it's a waste of our criminal justice resources. I think a good swift kick in the butt would have been fine, but they're not allowed to do that anymore. They did that to me, Megan. When a cop caught me doing something silly, he literally grabbed me by the back of my neck. He kicked me in the butt and said, now get out of here. Those are the good old days. I like that too. That brings it home.

May I ask you something? Honestly, most of the time I can get it. You're laughing, maybe because I don't see the video. What's funny? What was funny about it? I just think it's funny that like they have him down on his hands and knees. Like, didn't they realize that this is just some knucklehead? I'm sure the lawyer, as soon as they approached him, was like, oh, my God, no, I'm not Michael Myers. I swear I'm just like some crank lawyer who's trying to, I guess, bring people a laugh. And it turned it just got escalated even the person taking the video can reportedly be heard saying what a moron and it's just sort of like you see the guy is a dumbass

and the cops making a federal case out of it by the way for what it's worth um according to the texas penal code you can be charged with disorderly conduct if you do any of these in a public place that's the charge use abusive indecent profane or vul vocal language no make an obscene gesture that's likely to start a physical altercation no i don't think so use chemicals to make a noxious and unreasonable odor no verbally abuse or threaten another person in an obviously offensive manner i don't think so make an unreasonable noise in a public place or near a private residence that's not your own no get into a fight with another person. No.

Fire a gun. Display a gun with the intention to scare people. Not a knife, a gun. Nope. Expose your genitals or anus. Oh, wow. They had a lot of genital talk on this show. In a reckless manner.

In a reckless manner that disregards anyone else. Oh. Whoa. You didn't see him standing there. Or peek into someone else's home or motel room, private restroom, shower stall, dressing room for lewd or unlawful. I don't think they got him. And they may not.

They just want, look, Megan, they're just looking for an excuse to get him off the street. And they, you know, police officers do that to protect all of us. You know, it's not that rare that they'll write someone up for disorderly conduct, or at least it's like shooting a, give me a warning. It's really like giving them a warning. Because usually, just so you guys know, once you get into court, 90, not 90, but a big percentage of those cases just get dismissed anyway. It's like, okay, you're here, we gave you a hard time.

Not in Texas, Arthur, not in Texas. You're right, death penalty, death penalty. I'll go out on a limb and say this is going away. Michael Meyer will never have to face charges. All right. Now, on to more important matters, my own case. So last Friday after the show, I had to go up to Albany in a hurry because my sister, unfortunately, is in the hospital and she is still there. I think she's going to be okay, but she had an emergency. And so I drove up there and I was on a road I'd actually never been on before. And I was unceremoniously pulled over by a police officer who wrongly, wrongly accused me of doing 75 in a

55, which I deny. But I was issued a ticket. And now I'm in the position of having to defend myself. And what is the way out of this for me? Mark will do a pro bono. Let's just start with that. A third pro bono case of the segment. So we're good to go. But go ahead, Mark. Tell her what you're doing. Well, only because I know your husband, we can't go at battered woman syndrome. But okay, that's not going to work. Take that off the table. I love Doug.

It's not going to happen. By the way, just to clear up a point earlier, Elizabeth Holmes was not drunk when she was doing her fake. Oh, she was drunk when she slipped into her real voice. Was that the allegation? Yes. Yes. OK, OK, OK, OK.

Sorry. Go ahead. Megan, I got to know, not that it's relevant, but like, did the guy recognize you? I don't know. And I intentionally did not play that card. I didn't play the card that my brother's a cop, a lieutenant. I didn't play any cards. Mistake, mistake, mistake.

I didn't feel right about it. I really didn't. I was like, you know, that's sort of a prick move to sort of be like, hey, I'm a famous person and I have a cop brother. And you're certain, you're certain, I'm just curious, that you genuinely might not have been going 75? Yes. In other words, but you didn't realize it? I'm innocent. I am innocent.

Hold on, hold on, hold on. Are you innocent of going 75? Or are you innocent of not breaking the speed limit of 55? Just in general, I'm innocent. That's all I really mean. Yeah, okay. Yeah, you look at the dictionary, innocent. All right, so take a Kelly's photo. How is this kind of thing handled? Do I have to go into the court now? For all of our listeners out there who find themselves in this position, what are we supposed to do? All right, so Arthur, first of all, lay off my client. Any of these statements could be used against her. So the first thing, Megan, it hinges upon the citation. So sometimes they'll put the wrong statute down, maybe like the enabling portion of the statute, which makes it like, all right,

on the roadways, we have signs and we have speeds. Okay, that's 316.192. And then you go to the next subsection, it says, but if you go over that, here's what they got to charge you with. So perhaps they put the wrong statute. That's number one. Number two, you wonder whether the guy has had his either, um, uh, his vehicle calibrated or radar, right? We don't know what you used. You know, if he used radar or whether he didn't say, okay, well, okay. How do we know? In other words, how did he determine what your speed was? Well, I, I drove and then I looked at my dashboard. Well, how do we know that that was properly calibrated? Does he have the documents, the annual inspection, the monthly inspection

to ensure that whatever instrument he was using, strike that not instrument, whatever machine he was using, because machines make mistakes, um, accurately calibrated your speed. So Megan, you want to know the real answer, what you're going to do? Yeah. You're going to go online and you're going to look at whatever town that's in and you're going to look at ticket fighting lawyer and you're probably going to pay about 200 bucks and that lawyer is going to go into court and he's going to change it. He's going to negotiate a plea that it goes from a speeding ticket to something that won't point points on your license and you'll have to pay a little fine

and you probably won't need to appear and it'll be over. You're hired. I'm not doing that, but there are lawyers that just live in those courthouses and that's, that's basically what they do. And they know, and they know the tricks of the trade. Like I was talking about earlier in that specific jurisdiction, they know what the magistrate or judge would dismiss based upon. And maybe they've got some defect in the citation. You know, it's like you never know. Isn't it? It's frustrating when you're going with the with the flow of traffic. Right. And you just get singled out for whatever reason, because it's like I all the time. I obey the speed limit because I'm generally a scaredy cat on the road.

But haven't you been the victim of these lunatics who ride so fast on the road? They completely are like in the Grand Prix. They're cutting you off. They're cutting off other people. The cops, you never see them pulled over on the side of the road. Megan, let me ask you this question. What is the moral issue that you have? Forget about the celebrity thing.

But what's the moral issue? Because the police officer has discretion of you saying, officer, I'm very sorry. I don't believe I was breaking the speed limit. I may be distracted because my sister is ill. And by the way, my brother has served on the force for this amount of years. If there's any courtesy

you can give my family, it would be greatly appreciated. Now the ball is in his court. I have a better way to say it. It felt wrong to me. Go ahead. I have a better way to say it. I don't love that. I don't love that because you never question the cop. The minute you say, I don't believe I was doing that, he doesn't listen to anything you say. What you say is, you say, you know what? I am so sorry. Again, if I was speeding, I wasn't even aware of it. Thank you. I'm rushing to hospital because of my sister. And you know

what? I do have family members in law enforcement. I'm usually very good at following the law. If I did, I'm so sorry for that. So what I'm gleaning from both of you, though, is that your only chance of avoiding the ticket is to talk the guy out of giving you the ticket in the first place. Absolutely. There's no like getting an innocent finding in a court after the ticket's been issued yes no i i again maybe where arthur practices it depends what jurisdiction is we get a lot dismissed for the reasons that i stated earlier yes mark's right i mean they they write they fill out the ticket the wrong way but usually megan you're not going to come in and testify that you're doing only 55 and he's going to testify that you did 75. The judge is never

ruling for you. Never. I'll tell you something. I'll tell you something else funny. So I always talk about my mom because she's such a colorful character. My mother, she's hilarious. So I went up and I was with her and, you know, we went to see my sister and my mother has this problem where she can't say names and she can't, she just can't, she calls Dr. Fauci, Dr. Fawcett. She, she thought covert COVID-19 was covert 12. I could go on. She thought the lyrics to the following song were, there's a bathroom on the right. Okay, so this is my mom. So I spent some time with my mom last weekend, and my mom, she cannot pronounce the name of my new dog. We have Thunder, who's two, and we just got a new dog named Strudwick, which I grant you, it's kind of a tough one, but Strudwick, Strud, Strud, Strud, Strud.

So it got so bad over the weekend. This is just as an aside, because I just wanted to update you on my mom. I started to keep a running list of the number of things that my mother called Strud, Strudwick. Okay, here's the list. I just kept adding. Struggy, Shrubber, Shrugger, Shroody, Schroeder, Screw, Shredwick, Strudnick,

Schwarzenegger, Schwartzy, Salty, Schnooky, Studwick, getting closer, Shrud, and Scrud.

You know, you and names are great. I can relate. My father, who's in his 80s, still to this day, believes the guy who's responsible for songs like Born to Run and Born in the USA is named Bruce Epstein. He claims him for the Jews for some us with our puppy because he's difficult. And he goes by Dog Commander. And so I kept referencing him in those terms. And last night I was talking to my mom and she was like, oh, you tell Battalion Chief 95 that I who that's her name. She can't she can't remember any of these things.

But she's the same age as Joe Biden, but doesn't have access to the nuclear codes. So we can all be thankful for that. Before I let you go, I've got to ask you about this little ditty. I don't even know if you guys knew this one was coming. But today, the ACLU decided to celebrate, not celebrate, but commemorate the one year mark of Ruth Bader Ginsburg's death by retweeting a famous quote of hers about a woman's, quote, right to choose. And rather than just posting her quote, as you would imagine, the ACLU is also pro-choice, like Bader Ginsburg was, rather than just posting her original quote, which was, and I quote, from 1993, the decision whether or not to bear a child is central to a woman's life,

to her well-being and dignity. It's a decision she must make for herself. Blah, blah, blah, blah, blah. They changed her words to the decision whether or not to bear a child is central to a person's life in brackets to their well-being and dignity in brackets. When the government controls that decision for people, they are being treated as less than fully adult human. So all the pronouns are changed today from she. And they, in commemorating this woman who spent her whole life fighting for women's rights, have decided to eliminate women from the equation. Ruth Bader Ginsburg has been gone for a year and is in no position to fight back against this editing, which she did not approve or call for. And I tell you, it's pissing me off on so many levels. This is wrong. Your thoughts?

Yeah, I'm just shaking my head. I'm just shaking my head. This world that we live in, it's just ridiculous. And they shouldn't misquote or in any way, shape or form, whether it's political correctness or to make a point. That's not what quotes are all about. Let's go back to the text. As Scalia would say, what is the purpose of a quote? A quote is to exactly represent what someone else wrote or said, and they're just bastardizing the whole thing to make them look... I wonder if they're quoting her saying that she thought Roe v. Wade, from a legal point of view, was a horrible decision. I doubt they're quoting her about that, which she's also been on the record saying. I feel differently than both of you. They used the parentheses and the purpose of it was to

be more inclusive or brackets, right? But bullshit. You don't get to mess with somebody's quote to make it more inclusive after the fact and after they're dead. Okay. That's your opinion. I'm not as offended. I can't, you know what? If I happen to outlive you, I'm just going to go back and bastardize all of your quotes. I'm just going to go back and bastardize all of your quotes. I'm just going to change them all to Megan was right. That would be an improvement. That's okay. I'll put it in brackets. Megan was right again and again. All right, you guys, this has been very helpful. I appreciate this. Wait, don't go away because we're actually going

to take calls from the listeners next and maybe you guys will have some answers. So don't go. We were going to let them go away, but I don't think we should let them go away. Make them stay. What do you guys think of the ACLU changing Ginsburg famous statement or anything we've discussed today? Call me 833-44-MEGYN 833-446-3496. All right. The phone lines are open. Do you need help fighting a traffic ticket? Call 833-44-MEGYN. Have you found yourself in some sort of a criminal trouble? Call us at 833-446-3496. I've got the guys here who are not expecting you to rely on any of this as legal advice. There's our disclaimer. All right. We're going to kick things off with David in Virginia, who is upset with you, Arthur.

And I guess, you know, to a much lesser extent with me. Why, David? Tell us why. Well, I will tell you one of the things I love about you, like my Irish mother, you have no problem cussing because she always used to say all the good cuss words are Gaelic and origin. So I'm just using the mother's tongue. But my mother told all 10 of us kids that if you ever fucking do something illegal, I will drive you to police myself. If that need,

if need be, I will throw you in the fucking trunk and drive you down there and sit in the cell next to you if that's illegal. So the idea arthur said he would mark his question was very specific what would you do if your kid came home and told you he did something heinous or she did something heinous and arthur said i would send my kid to venezuela yeah well that's the difference between the irish and the sicilians like we protect our youth and you guys obviously just throw them to the woods. It's a death penalty eligible case. It's a death penalty eligible crime. I don't care.

I am not going to send my son if he screwed up royally to go get killed. Now you may feel differently. Your mom may feel differently. I could speak for my mother who Megan and Mark know. She would definitely shield me from death. Yeah. Well, it's tough when it's your child. I mean, I understand. But I think your mom may have just been telling you that to get you not to commit a crime.

And unless you have you committed a crime, David, because, you know, unless you did and you went back to it. I have, but my mom didn't know about it. Aha. What what was your crime? I was smart enough not to tell my mom. What did you do i'm not saying that even if the statute of limitations are over try to lure him in david thank you go ahead mark my dad told us my dad told us growing up

don't do drugs because if the drug don't kill you i will well i'm still here yeah we say a lot of things, but I don't know. And as you point out, if it's a death penalty case in particular, very scary stuff. Melanie in Indiana has got an interesting question, not not related to our cases today. Melanie, what's on your mind? Yeah, I mean, not related. But the question is, can are there any class action lawsuits out there or what sort of legal standing do you have if you have natural immunity to COVID, but they want to force you to be vaccinated? There's going to be a flag in the sand on it. I don't know if there's a class action based on

natural immunity, you know, for folks who are now facing losing their job when they have natural immunity rather than get a vaccine. But we've seen a couple of lawsuits, individual lawsuits pop up that I don't know that they've been resolved yet. But where do you see that going if somebody tries to say, you can't force me because I have natural immunity? Well, here in New York, Megan, right now, it's a lot of it has to do with the teachers. And I've got three phone calls in three days from New York City school teachers who one woman is in her mid 30s and she's a teacher and she's harvesting her eggs because she's definitely don't want you to get this. And it's a question of whether the Department of Education is going to accept that as an excuse to not be vaccinated. I don't know if we're going to wind up in court in front of a judge, but there is to answer the precise question. There are no cases that I know of right this second that are pending here in the jurisdiction of New York City on a class action level that says, you know, you can't get fired for not getting the vaccine. We saw one case. I feel like it was out of the Midwest. It was a college professor who

said, you can't make me because I have natural immunity. And that one settled. It went away. He pushed back on his university and they settled it. But it's going to be an interesting question. We just saw Scott Gottlieb out there saying you still need the vaccine even if you have natural immunity because natural immunity expires after a while. But, you know, the immunity under the vaccine may expire after a while, too. It's, you know, no one's taking a hard look at this. And the absence of a desire for real answers on this is weird and disturbing. Why is everything we rely on coming out of Israel? Right. It's like, thank God for Israel that's actually doing some studies and research on the vaccines and the data coming in. What about the United States? We used to be the leader in this kind of thing. All right, want to get in some more? I know you guys got to go in. Well, you got to go now. So I'll let you go, Mark and Arthur, but you guys have been champs. Love you both. Thanks for being here. Love thelly's court hours uh too well bye guys thank you uh but wait we're not done taking calls so i'm gonna get to we'll go down to tim in texas who's got some thoughts on the

border crisis hey tim hey uh megan how are you i'm good how you doing doing good hey i just want to let the people of america know especially i guess all the red states. But here in downtown Houston, I was driving by, saw two buses of immigrants just get dropped off. No money, no nothing. They're just standing around just getting dropped off. And it's going to come to any red state near you because they want to fill them up with Democratic voters. And who's the man? Who's the daddy rabbit that can put an end to this? How do you know they were immigrants?

How do you know? Because they were all from Guatemala. How do you know that? Because I saw a Guatemalan flag. Oh. Well, you know, I don't... You might be right, because we're getting more and more reports about how this situation in Del Rio, you know, they're emptying out. It's not empty, but they're removing some of the migrants who are there, but they're just moving them elsewhere in Texas, we're told, to other other ports and other places.

And only a handful have been placed on planes back to Haiti as the Biden administration is telling us. So it's not impossible that you did see what you think you saw. And that, you know, we've been talking about on this show about how if you say you're here for asylum, you want asylum, they give you an asylum date. And they say show up in court on this date. And only 15% of people get asylum. And all the other 85% are said, well, sorry, denied. And then they're just pushed out the door, but they're not put on a plane or sent back home. They're here. They're here in the United States left to figure out, you know, it's an honor system to go back home, which isn't very smart.

They ship them, you know, take these immigrants and put them in New York or where all these people are. They're just they're just mad at Texas loading us up. And, you know, it's going to kill our schools, our schools our hospitals and again it's supposed to be we the people i'm a people and i don't want this or at least have a legal way of doing it but like you know there's no daddy rabbit it's just you know we just take it and it's supposed to be the people we talked about this yesterday we're talking about it's very easy for those of us in new york or in some that's not along the southern border to say, you know, immigration, we're a nation of immigrants. We don't have to live with illegal immigrants coming across the southern border and cutting up our fences or hurting our kids potentially or stealing our cattle or any one of the number of things. I had a rancher on the show just yesterday who found, whose husband found hollow point bullets on her property and they cut holes in her fence. And she sees immigrants coming across all the time, migrants coming across and go doing these bailouts out of these cars and

running for it. It's just, it's out of control. All right, listen, we have, I think we have Lisa back with us now. Lisa from Georgia. You wanted to offer a comment on Gabby Petito. Yes. Hi Megan Megan. Hi. Yeah, I actually, my daughter's been missing for eight years, so I'm really thankful Petito didn't have to suffer not knowing anything. I absolutely think that these parents of Brian Laundrie, actually, I think he came home freaked out. I did this horrible thing. I messed up.

Sorry, we have a bad connection, but I get what you're saying. You're saying you think that the parents covered for him. And that is certainly how it's looking. I mean, only today we learned, or maybe it was late yesterday, but in the last 24 hours, this business about the neighbor reportedly seeing the parents with an RV too small for three people taken off with him. All right. That's what the neighbor has reported to law enforcement now. And it was days before they reported their son missing. So how it appears right now, and things can change, is that they gave him a head start. And then in an effort to protect themselves from not getting arrested or in trouble with law enforcement, they then called cops and said he's missing.

By the way, the New York Post right now reporting that they spoke to a friend of Brian Laundrie's and that friend said that Brian is very well versed in survival techniques and could easily survive in the wilderness for long periods of time without any help. I guess that's not that's not surprise surprising. Hold on a second. I think we have time for one more. We'll do a quick one. David in North Carolina, you got a thought on the people underneath the bridge in Del Rio. Hey, David. Hey, Megan. Love you. It's so infuriating to just observe the cynicism, first of all, of the Biden administration, moving these people out from under that bridge, knowing that once the pictures go away, the issue goes away. And also the complicity of corporate media is going to prove that they're right. And it's just

after the last four years of any time Trump breathed the wrong thing, being called a liar and then to see Jen Psaki stand up there and just blatantly lie. And say they don't intend to stay. OK, sure. And the and the only and the only guy that's and the only guy that's calling on him, obviously, is Peter Doocy. You know, the other, you know, she'd sit out there with their mask on and just go. They've lost interest. I know. God bless Peter Doocy. Thank you. I got to run because we're up against a heartbreak, but I couldn't agree with you more. The media has been disgusting on this story, as so many. Speaking of Fox News, have an exciting announcement for you. Tomorrow on the show, Tucker Carlson's going to be here. We're going to be covering all the latest news, what it's really like to work at Fox.

He and I both have some info on that and lots of personal questions too. In the meantime, you can download episodes of the show on Apple, Pandora, Stitcher, or anywhere you get podcasts, youtube.com slash Megyn Kelly if you want to see it. See you tomorrow.