The Megyn Kelly Show - New York Times Sued Over Alleged Discrimination of White Man, Trump's Big Indiana Win: AM Update 5/7
Episode Date: May 7, 2026The EEOC is suing the New York Times, alleging the paper violated the Civil Rights Act by passing over a white male employee for a promotion because of his race and sex - employment attorney James Fet...t weighs in. President Trump’s endorsed candidates scored major wins in Indiana, defeating several Republican state senators who opposed his redistricting push. Commerce Secretary Howard Lutnick faced closed-door questioning on Capitol Hill over newly released Epstein files that appear to contradict his past claims about when he last had contact with Jeffrey Epstein. Ted Turner, the billionaire media pioneer who founded CNN and helped reshape cable television, has died at 87 after a years-long battle with Lewy body dementia. Pure Talk: Dial #250 and say keyword MEGYN KELLY to switch to Pure Talk and get unlimited data for just $34.99 a month! Done with Debt: https://www.DoneWithDebt.com & tell them Megyn Kelly sent you! Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Good morning, everyone. I'm Emily Jashinsky, host of After Party and the Megan Kelly wrap-up show on SiriusXM Channel 111. It's Thursday, May 7th, 2026. And this is your AM update.
It's really quite simple. You cannot take race or gender into account, period.
A federal discrimination watchdog suing the New York Times, alleging it violated the Civil Rights Act in passing over a white male to fill a position.
These results in Indiana really showcased President Donald Trump's grip on the Republican Party.
President Trump scores major victories in Indiana primaries, where Republicans who defied his redistricting push are paying the price at the ballot box.
Commerce Secretary Howard Lutnik facing new questions over his past ties to Jeffrey Epstein as lawmakers clash over whether his closed-door testimony cleared the air or raised more concerns.
and Ted Turner, the billionaire entrepreneur behind CNN and TNT, passing away after a year's long battle with Louis Body Dementia.
All that and more coming up in just a moment on your AM update.
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The Equal Employment Opportunity Commission, or EEOC, a government-run discrimination watchdog,
filing a lawsuit against the New York Times on behalf of a white male employee.
alleging the media outlet violated the Civil Rights Act by passing him over for a promotion
because of his race and sex. The lawsuit filed in the Southern District of New York
does not name the journalist, but New York Magazine reports it is likely Bryant-Rousseau,
a senior editor and producer on the Times' International Desk, who has been with the paper for
more than a decade, whose LinkedIn profile matches the job descriptions in the lawsuit.
In 2025, the Times opening a search for a deputy real estate editor.
The position ultimately going to an outside candidate,
a non-white woman, the EEOC alleges, had little to no background in real estate journalism,
despite that experience being listed as a job requirement.
The agency further alleging no white male candidates advanced to the final round of interviews.
The complaint claims the Times deviated from its normal hiring process
to include the eventual hire in the candidate pool, despite her receiving a lower internal rating
from the hiring panel than the other finalists.
From an EEOC statement, quote,
The New York Times has a well-documented commitment to enacting race and sex-conscious decision-making
in the workforce through its diversity, equity, and inclusion, or DEI policies.
The lawsuit, putting it more bluntly, quote,
a necessary consequence of the NYT's intent to increase the percentage of non-eastern,
white leaders would be a decrease in the percentage of white leaders. The EEOC asking a judge to bar
the Times from discriminating against employees based on race or sex and to award back pay and other
damages to the rejected applicant. A spokesperson for the New York Times, Daniel Rhodes-Ha,
releasing a statement, quote, the New York Times categorically rejects the politically motivated
allegations brought by the Trump administration's EEOC. Our employment practices are merit-based,
and focused on recruiting and promoting the best talent in the world.
We spoke to employment attorney, James Fett, who is not involved with this case,
but says allegations the times deviated from its normal hiring process
could become a significant factor in the lawsuit.
Well, it's one of the important factors,
but based on my review of that release, they've got the times right by the throat.
The noncompliance with your internal procedures is just one of the many red flag.
whether it's a DEI case or a straight-up gender or straight-up race case.
That's always something that you look for if you are representing the employee.
Fett agrees with the Times' assertion that the case is politically motivated,
but not necessarily in the way the paper frames it.
Well, it is politically motivated, but only to the extent that the Trump administration
on day one said that they were going to vigorously enforce
civil rights law to ensure that the DEI wave was extinguished.
So yeah, it's a policy mandate that the EEOC is following, but I'd say it's a good one.
In terms of it's politically motivated, that is something that is chanted almost every time
you have a claim against an employer for violation of the civil rights laws with the DEI program.
As for FETT's prediction of the outcome.
It's in the Southern District of New York, which we know is they're going to have a liberal jury, most likely.
If they get a fair shot, they're going to get a very large judgment.
And I say that because the cases that have gone to trial have yielded whopping verdicts.
I myself have gotten whopping verdicts doing these kind of cases.
So we hope that I don't know who the judge assigned is, but that's another huge issue because
Judges have been known to put their thumb on the scale based on their philosophical predilections
when it comes to handling these cases.
So I hope they get a fair judge.
And if they do, they should be looking forward to a healthy judgment.
Fett says even though many companies have blurred the line between diversity goals and illegal discrimination,
the law itself is straightforward.
It's really quite simple.
You cannot take race or gender into account, period.
It doesn't matter if it's for DEI.
It doesn't matter if you call it affirmative action.
It doesn't matter if you call it correcting underrepresentation.
The law has been this way for a long time,
but the rate of noncompliance with that law is at an all-time high when it comes to DEI.
You know, the Trump administration has another three years to enforce the law,
lot of this vigorously, we just have to hope that the next administration will fairly enforce.
And I'm not optimistic that that's going to happen.
If the Democratic Party takes over, they have almost incorporated DEI as part of their
religion.
It's almost a creed that if you're a liberal Democrat, you have to honor the request for DEI,
and that's crazy.
President Trump flexing his political muscle in Indiana, where Republican primary voters backed most of the state Senate candidates he endorsed against GOP lawmakers who defied him on redistricting.
In December, Indiana's Republican-controlled state Senate breaking with President Trump over congressional redistricting,
the president backing a proposal to redraw the state's congressional map in an effort to expand the GOP's House majority.
The Trump-backed proposal would have effectively eliminated Indiana's two Democrat-held congressional districts,
but despite passing the State House, the map failed in the Senate 31 to 19,
with 21 Republicans joining Democrats to oppose it.
President Trump, at the time, posting a warning to true social, quote,
anybody that votes against redistricting, and the success of the Republican Party in D.C. will be, I am sure,
met with a mega-primary in the spring.
I will do everything within my power to make sure that they will not hurt the Republican Party
and our country again. Tuesday's results, delivering a political bloodbath for the Republicans
who crossed President Trump on redistricting. Of these seven GOP state senators who voted against the
map, five were defeated by Trump-backed primary challengers. One incumbent survived, while the seventh
race, as of yesterday evening, remains too close to call. The losses were not close.
each of the five defeated incumbents losing by double digits.
One of the biggest upsets coming in the race involving veteran state senator Travis Holdman,
the chamber's number three Republican.
The results increasing pressure on Republican leader and Indiana state senator Rod Bray,
a top target of President Trump, though he is not up for re-election until 2028.
A MAGA ally in the state telling Politico the primary defeats could shift nine votes away from Bray's block
as lawmakers who survived Tuesday's purge now face growing pressure from the Trump wing of the party.
CNN's are let signs yesterday on what these Indiana results could mean for the broader Republican Party heading into the midterms.
These election results could potentially emboldened Republicans in other states as they are pursuing redistricting efforts.
We have really seen a slate of southern states try to push forward on redrawing congressional maps.
These results in Indiana really showcased President Donald Trump's grip on the Republican Party.
His approval ratings nationally are failing, but it shows that he still has significant sway within conservative circles,
something to watch heading into these consequential midterm elections.
With Tuesday's result, the likelihood of the Indiana state legislature revisiting redistricting is high.
Elsewhere Tuesday night, Tuesday's primaries finalizing the field in two nationally watched statewide races in Ohio.
Republican Vivek Romo-Swamy handily securing his party's nomination for governor,
and will now face Democrat Amy Acton, who led Ohio's public health response during COVID.
And the state now set for a high-stakes U.S. Senate battle, Republican Senator and incumbent John Hustead,
moving on to the general election against Democrat Sherrod Brown,
both men easily beating their respective primary competitors.
Coming up, Commerce Secretary Howard Lutnik,
scrutiny on Capitol Hill after Epstein files raised new questions about his past contacts with the
disgraced financier and CNN founder Ted Turner dead at 87. Let's talk about what's really happening right now.
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Commerce Secretary Howard Lutnik appearing before the House Oversight Committee yesterday for a
transcribed interview about his relationship with Jeffrey Epstein. Secretary Lutnik, summoned by the
committee after documents released in the Epstein files, revealed the two had been in business
together as recently as 2014. Well after the disgraced financiers, 2008,
conviction on prostitution charges involving a minor. The files also containing a photo of Epstein,
Lutnik, and a group of other men on Epstein's Island. The secretary, his wife, and their children,
visiting once in 2012, according to Lutnik. Prior to the release of the files, Secretary Lutnik
maintaining he had last been in contact with Epstein in 2005. The files revealing the two,
who were neighbors in New York City, continued communicating via email until at least
2018. In yesterday's
closed-door meeting, the secretary
reportedly telling the committee he did not have
a personal or professional relationship
when he was neighbors with Epstein.
He also reportedly said he never
saw Epstein with any young women,
nor did he witness anything
inappropriate. CBS reporting,
Mr. Lutnik told the committee he met
Epstein three times, the first
for a tour of Epstein's home,
where he noticed a massage table.
The second meeting occurring on Epstein's
island, the secretary and his family
invited to lunch while on a trip to the U.S. Virgin Islands.
In a third meeting, the two discussing scaffolding in Epstein's foyer.
Congressman Rokana, Democrat from California,
giving reporters his impressions of the testimony.
Well, now we know why that interview was not videotape.
If Donald Trump had seen the video transcript,
he would have fired Howard Lutnik.
It was really embarrassing.
He was asked very straightfully.
forward questions about whether he regretted misleading the American people.
I mean, he said that he would never see Epstein again in 2005.
And everyone knows that he took his wife and kids to see Epstein in 2012.
And yet it was just contortions and lies and no acknowledgement that he misled the American public.
Chairman James Calmer, a Republican, casting the testimony differently.
I mean, I feel like that Lutnik's been very transparent. He came in voluntarily.
I said before this thing started, the only thing that I had seen that Lutnik did wrong was wasn't 100% truthful on the brief visit to the island with his family.
He corrected that in his opening statement. And, you know, we'll see. We'll continue our investigation.
And if we find that there were any misstatements by Lutnik, it's a felony to lie to Congress and he'll be held accountable.
It's too bad. It's not a felony for a member of Congress to lie to the media, or we would
have a lot of Democrats that would be having to lawyer up right now.
A transcript of the interview set to be released in the coming days.
Media mogul Ted Turner, pioneer of the 24-hour news network and founder of CNN, dying yesterday,
surrounded by his family at the age of 87.
Born in 1938 in Cincinnati, Ohio, Turner would go on to inherit his father.
billboard advertising company, before buying up radio stations and then turning his sites to television.
Eventually, Turner expanding into news on June 1st, 1980, launching the first ever 24-hour news network,
CNN. Turner aiming to broaden access to TV news, quote, I worked until 7 o'clock, and when I got
home, the news was over, so I missed television news completely, and I figured there were lots of people
like me. In addition to CNN, Turner launching Turner Network Television or TNT, Turner Classic
Movies, and Cartoon Network. He sold this network's to Time Warner in 1996 for $7.5 billion,
staying on as vice chairman. Turner's net worth taking a significant hit as a result of the
Time Warner merger with AOL at the peak of the dot-com bubble. He resigned from his position as
vice chairman in 2003, fully exiting the business in 2006, pursuing other ventures,
including the restaurant business with Ted's Montana Grill,
an avid philanthropist and conservationist.
Turner, who is the second biggest landowner in North America with 2 million acres,
bringing bison back from near extinction,
managing the largest private bison herd with about 51,000 head, according to CNN.
In 2018, Turner publicly disclosing a Lewy-body dementia diagnosis,
a progressive brain disease.
Turner marrying three times, the first marriage to Juliet Gail Nye with whom he had two children.
The couple divorcing in 1964, later that same year, Turner marrying Jane Shirley Smith,
they had three children together before divorcing in 1988.
Finally, Turner marrying actress Jane Fonda, the marriage lasting 10 years from 1991 to 2001.
In 2012, Turner telling Pierce Morgan, Fonda was probably the great love of his life,
and he would likely never get over her, quote,
when you love somebody and you really love them,
you never stop loving them.
There's nothing wrong with that.
That's good.
He has survived by his five children,
14 grandchildren, and two great-grandchildren.
That'll do it for your AM update.
I'm Emily Jishinsky, host of After Party.
Catch the Megan Kelly Show,
live on SiriusXMs, the Megan Kelly channel 11 at noon east
on YouTube.com slash Megan Kelly and all podcast platforms.
Thank you.
