The Megyn Kelly Show - Noem vs. Dems, Abrego Garcia Released For Now, Tyler Robinson Smiles in Court: AM Update 12/12

Episode Date: December 12, 2025

Homeland Security Secretary Kristi Noem faces off with furious Democrats during a heated House hearing as she defends President Trump’s aggressive immigration enforcement and mass deportation push.... A federal judge orders the release of “Maryland Man” Kilmar Abrego Garcia, but the Trump administration vows to keep fighting as it lays out allegations of gang ties, human smuggling, and domestic abuse. President Trump presses forward with Lindsey Halligan’s nomination for U.S. Attorney in Virginia after a judge ruled her acting appointment unlawful, setting up a showdown over Senate "blue slip" rules. The man accused of murdering Charlie Kirk appears in court for the first time, smiling and relaxed as a Utah judge warns media over courtroom camera violations. Herald Group: Learn more at https://GuardYourCard.com Pique: Find calm and radiant health this holiday with Pique’s Sun Goddess Matcha—science-backed wellness for energy, immunity, and glowing skin, plus 20% off for life at https://Piquelife.com/MEGYN 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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Starting point is 00:00:00 Good morning, everyone. I'm Megan Kelly. It's Friday, December 12th, 2025, and this is your AM update. You are making America less safe. You all should be fired in my viewpoint. Homeland Security Secretary Christy Noam clashing with Democrats in a fiery hearing on Capitol Hill. Abrago Garcia is present in our country illegally. He is a proven human trafficker. The infamous Maryland man, Kilmar Obrego-Garcia. scores a win from a U.S. district judge ordering his immediate release, but the Trump administration says it's not over yet. President Trump pushing for Lindsay Halligan's nomination for U.S. attorney for the Eastern District of Virginia, following a judge ruling her temporary appointment
Starting point is 00:00:47 to the post is invalid. And Charlie Kirk's accused killer appearing in court yesterday for the first time smiling. All that and more coming up in just a moment on your AM update. As President Trump is settling into his new administration, one of the top Democrats in Congress aiming to undermine the Trump agenda is Senator Dick Durbin. And according to our sponsor, the Electronic Payments Coalition, Senator Durbin has a new scheme, a government takeover of your credit card. Today, Americans have thousands of choices in credit cards, but they say Senator Durbin's plan will result in less competition and less security.
Starting point is 00:01:27 And that means more risk for your credit. and identity. Learn more at guard your card.com and consider telling your senators to stop Dick Durbin's government takeover of your credit card before it's too late. Homeland Security Secretary Christy Noem and other top counterterrorism officials on the Hill defending President Trump's strict immigration enforcement in a House Homeland Security Committee hearing on threats to the nation. The president's immigration crackdown and attempt to conduct the largest mass deportation effort in history, quickly becoming a top political target for Democrats and drawing dozens of lawsuits throughout the nation. Secretary Noem, arguing the open border
Starting point is 00:02:09 policies of the Biden administration, necessitates the aggressive approach. What keeps me up at night is that we don't necessarily know all of the people that are in this country who they are and what their intentions are. We think up to 15 to 20 million people came in under the Biden administration on the invasion over the southern border. They were not vetted. They were allowed to pour in. Our parole programs, our asylum programs, our visa programs were all exploited, and the integrity was demolished under Joe Biden and the leadership of the Department of Homeland Security. And frankly, the entire department was neglected. And that is why we are so aggressive at making sure that we're going out and doing investigative work, finding those
Starting point is 00:02:51 violent criminals, finding those people who shouldn't be in this country to begin with, and those that want to go after and to harm our American citizens. Director of the U.S. National Counterterrorism Center, Joe Kent, with a stark warning on what counterterrorism analysts have uncovered. What we have identified is alarming. We just recently put out a warning, warning of the heightened risk of terrorist attacks posed to the homeland by terrorists, pretty much of all stripes, but in particular from ISIS and from al-Qaeda.
Starting point is 00:03:20 NCTC has been crunching the numbers and going through the sheer volume of known suspected terrorists that are in the country that came in under the Biden administration. So far, NCTC has identified around 18,000 known and suspected terrorists. These are individuals who under normal circumstances would never be allowed to enter our country, but yet the Biden administration not only let them into the country, and in many cases, facilitated their entry, just like the entry of the Afghan terrorists who committed the terrorist attack here just before Thanksgiving, killing one of our National Guard members and wounding another. Democratic lawmakers largely focusing on attacking Secretary Nome throughout the hearing.
Starting point is 00:04:00 You lied on the record and you lied to members of this committee. Secretary Nome, you, Gregory Bovino and your ICBP and DHS deputized agents have waged unaccountable, unlawful, unconstitutional war against communities across the nation. You are making America less safe. Do a real service to the country and just resign. clear you have no interest in countering real threats in the homeland. You've devoted the past 11 months of violent raids, anti-police policies, and nonstop photo ops. In a moment of political theater, Congressman Seth Magaziner of Rhode Island, holding up an iPad with a man on Zoom to
Starting point is 00:04:44 confront the secretary. He is a United States Army combat veteran who was shot twice while serving our country in Panama in 1989. Like many veterans, he struggled with PTSD and substance abuse after his service. He was arrested in the 1990s for some minor drug offenses, nothing serious. Earlier this year, you deported him to Korea, a country he hasn't lived in since he was seven years old. Will you join me in thanking Mr. Park for his service to our country? Sir, I'm grateful for every single person that has served our country and follows our laws. Will you commit to at least looking at Mr. Park's case? to see if you can help him find a pathway back to this country that he sacrificed so much for?
Starting point is 00:05:26 I will absolutely look at his case. Secretary Nome taking a moment to respond to the Democrats' immigration enforcement efforts' resistance. Every day we're able to go out and encounter and bring to justice individuals who are raping our children, murdering our mothers, our grandmothers, our families are devastated by them. And I'm shocked at the Democrats' constant defense of these individual criminals over the American citizen. I think it's shameful to see the defense of individuals who break our laws. We are a nation of laws. If we are not a nation of laws, we're no nation at all. And that is what we are doing every day is following those. If you guys don't like the law, go change it.
Starting point is 00:06:04 That's your job. You all should be fired in my viewpoint. A federal judge ordering the release of Kilmar-Abrego Garcia from ICE custody yesterday, some may know him better as Maryland man. Obama appointed judge for the District of Maryland, Paula Zinnis, ordering the Salvadoran's immediate release from the Pennsylvania Detention Center where he has been held since August. Abrago Garcia entering the national spotlight back in March when ICE agents arrested him at a traffic stop, shortly thereafter putting him on a flight to El Salvador, igniting a legal battle and international outcry in support of the accused serial abuser the media affectionately calls Maryland Man.
Starting point is 00:06:48 Abrago Garcia's team suing the government, arguing he was unlawfully returned to his home country in violation of a withholding of removal order. ICE officials conceding Abrago Garcia was inadvertently included on a flight manifest that should have only included people clear for deportation to El Salvador. But in the months since this story began, the DOJ providing heaps of documents clarifying Abrago Garcia's status and deportability, as they saw a third country to send him to. The relevant facts, according to the DOJ, Abrago Garcia admits to illegally entering the country in 2011 at the age of 16. In 2019, he was arrested while associating with known MS-13 gang members. Prince George's County, Maryland police records from the arrest described Garcia as wearing gang-associated clothing
Starting point is 00:07:39 and a reliable informant identifying Mr. Abrago-Garcia as an active MS-13 member. That same year, an immigration judge granting Abrago-Garcia withholding of removal to El Salvador, which means he was deportable but could not be sent back to his home country for fear of gang retaliation. After months of legal back and forth, with even the Supreme Court weighing in, the government of El Salvador in June returning Abrago-Garcia back to the U.S., following a 10th, Tennessee arrest warrant, charging him with alien smuggling and conspiracy to commit alien smuggling. The charges connected to a 2002 traffic stop in which prosecutors say Abrago Garcia was transporting nine other Hispanic men, all without luggage, claiming they were traveling from a
Starting point is 00:08:28 construction site in St. Louis to Maryland. No charges were pursued at that time as federal officials under the Biden administration made the decision not to detain Abrago Garcia. Also, at Turns out, Abrago Garcia's wife previously sought multiple orders of protection against him. One 2020 filing claiming he bragged he could kill her and, quote, no one could do anything to him. In 2021, a separate protective order request. This one alleging that Abrago Garcia punched, scratched, and grabbed his wife, leaving her bruised and bloodied.
Starting point is 00:09:01 Yesterday, Judge Zinnis, finding the government did not actually have a valid final order of removal from the U.S. Judge Zinnis outlining multiple hearings in which DOJ officials were asked to provide the order allowing for the government to deport Abrago Garcia to any country other than El Salvador, writing, quote, ICE officials whose job it is to effectuate removal orders candidly admitted to having never seen one for Abrago Garcia. The judge writing the government's argument that the prior withholding of removal decision should be treated as, quote, an implied order of removal does not hold up. Attorney and senior counsel at the Article III project, Will Chamberlain, posting to X, quote, the ultimate getting off on a technicality. Abrago Garcia was awarded relief that required there be an order of removal as a prerequisite, but the idiot immigration judge who believed his sob story apparently never issued one. Press Secretary Caroline Levitt yesterday slamming Judge Zinnis, saying Abrago Garcia's saga is far from over. White House, the administration opposed this activism from a judge who is really acting as a judicial
Starting point is 00:10:16 activist, which we've unfortunately seen in many cases across the country. Arregal Garcia is present in our country illegally. He is a proven human trafficker. He is a proven gang member. The administration has evidence of that. And as you saw from the Department of Homeland Security, they issued a statement saying they'll continue to fight this legal battle in court. Odds are the government will just seek an order of removal from a new immigration court. There's no doubt he's here illegally and is deportable. Goodbye, Marilyn Mann. Coming up, President Trump pushing ahead with Lindsay Halligan's nomination for U.S. attorney for the Eastern District of Virginia after a judge ruled her acting appointment was unlawful. And Charlie Kirk's accused killer appearing in person in a
Starting point is 00:11:02 Utah courtroom for the first time since his arrest. This holiday while others chase the rush, find your calm with Peek, a luxury wellness brand powered by rare plants and cutting-edge ingredients offering a remedy for the season's hustle. Their science-backed botanicals, minerals, and vitamins support metabolism, immunity, energy, and radiant skin. In this festive season of joy, choose serenity as the ultimate luxury. Peak proudly introduces sun goddess macha and organic, ceremonial superfoods. blend crafted from the purest tea leaves. They say it brings a focused boost without jitters or
Starting point is 00:11:44 crash. The natural balance of caffeine and calming compounds can keep you centered and alert all day. And they say nutrients in their matcha help curb sugar and hunger cravings, making it easier to stick to your wellness goals. Ready to gift the glow? Unlock 20% off for life for yourself and everyone on your list. Give the gift of glowing health this holiday season. Get started at peak life.com slash Megan. That's P-I-Q-E-Life.com slash Megan. President Trump seeking to confirm Lindsay Halligan as U.S. attorney for the Eastern District of Virginia. Halligan yesterday submitting a 28-page questionnaire to the Senate Judiciary Committee,
Starting point is 00:12:24 summarizing her background and professional qualifications, the first step following her nomination to the post on September 30th. Halligan filling the post in an acting capacity after her predecessor, Eric Siebert, left the position, reportedly underp. pressure to bring charges against former FBI director James Comey and New York State Attorney General Letitia James. Within days of assuming the job, Halligan inditing Comey, with just days left to spare under the statute of limitations relating to accusations he lied to Congress. Leticia James later indicted on mortgage fraud charges. Both indictments dismissed late last month, the judge ruling
Starting point is 00:13:02 in a pair of nearly identical opinions that Halligan was never lawfully appointed. Halligan's nomination process already facing a steep uphill battle due to the Senate's blue-slip process, a Senate tradition giving senators effective veto power over which judges and U.S. attorneys will be nominated in their state. Without earning the blue slips, the nominee traditionally does not get a vote. The two Virginia senators, Tim Cain and Mark Warner, both Democrats, already signaling they will not approve Halligan's nomination, effectively rendering it dead on arrival. Senator Kane telling courthouse news, quote, She hadn't reached out to Warner and me.
Starting point is 00:13:40 This whole thing is an attempt to just end run around the Senate and end run the Judiciary Committee. President Trump, yesterday on True Social, railing against the blue slip process, saying, quote, blue slips are making it impossible to get great Republican judges and U.S. attorneys approved to serve in any state where there is even a single Democrat senator.
Starting point is 00:14:01 If they say no, then it is over for that very well-qualified Republican candidate. The administration targeting the Senate tradition for months as it faces roadblocks in moving through nominees in Dem-controlled states. Last month on Fox, Vice President J.D. Vance saying as the administration moves ahead in seeking accountability for the weaponized DOJ under the Obama and Biden administrations, filling these positions will be crucial. Eventually, we need certain subpoenas that have to be issued by a court. Eventually, you need local prosecutors, U.S. attorneys to go after some of these people in a court of law, if you can't get a U.S. attorney appointed because the Democrat won't give you a blue slip, or you can't get a judge confirmed
Starting point is 00:14:47 because the Democrats are gumming up the work of the Senate, Republicans have got to open up their perspective a little bit. Why do we let the blue slip process make it impossible for Donald Trump to appoint a federal judge in California? The Democrats are stalling that, and we're going to wake up in a couple of years, if we don't have more U.S. attorneys approved, if we don't have more judges approved, we're going to wake up in a couple of years and realize that we've done a lot of great work at the Trump administration, but justice is not being meted out as it should be because we don't have the people on the ground. Senate Majority Leader John Thune yesterday on Fox, defending his record in moving nominees through the process, saying blue slips are here to
Starting point is 00:15:28 day. We have moved his nominees through the process at a record rate. We will, by the end of this year, have a record number of his nominees approved the executive branch. Got his cabinet confirmed at the fastest rate possible. We'll continue to work on the judiciary, Dana. But this is a procedure that's been in place for a long time that both Republicans and Democrats support because it gives them some input, particularly in those judges, the judicial appointments that are made in their individual states, some input into that decision-making process. So you don't anticipate changing it? I don't think it's going to change. It's been in place for a long time. And like I said, there are Republicans on the Judiciary Committee and off the Judiciary Committee,
Starting point is 00:16:06 for that matter, who support this and support it strongly. Truth Social Post coming. Tyler Robinson, the 22-year-old charged with murdering Charlie Kirk on September 10th, appearing in a Provo, Utah courtroom yesterday, in person for the first time since his arrest the following day. Judge Tony Graff, previously ordering that Robinson is allowed to appear in street clothes, but must remain shackled for security purposes. Robinson dressed in a light blue button-up shirt and matching tie, seen smiling at times with his legal team, chatting and appearing relaxed while seated at the courtroom table. The pretrial hearing focusing on transparency and public access issues, beginning with how much of a closed hearing from October, should be made public. The judge clearing the courtroom for that portion of the proceedings.
Starting point is 00:16:57 Upon returning to the record, Judge Graff noting a violation of media rules had occurred with the camera picking up Robinson's shackles on the live stream. The defense also objecting, stating that their papers were potentially visible to the live stream and their side conversations could be overheard on the feed. Judge Graff determining the live stream would be allowed to continue for the day, but putting the media on notice. I find that excluding the cameras from the courtroom would be disproportionate for this hearing. The transmission cannot begin until court is in session and must end before, as the court ends the session and cannot be filmed before or after.
Starting point is 00:17:40 I want to immediately address any possible transmission of shackles, as previously stated by counsel, and remove the possibility of capture of screens of the computers at defense counsel's table as well. In addition, if there is further violations of the standing decorum order, this court does have the right and will exercise termination of broadcast of these proceedings. This court takes this very seriously. While the court believes in openness and transparency, it needs to be balanced with the constitutional rights of all parties in this case. The hearing also covering future media access and procedures, with the question of cameras in the courtroom still outstanding.
Starting point is 00:18:27 Judge Graff announcing he will issue his decision on the outstanding issues in a virtual hearing set for December 29th, with Robinson to appear remotely. Erica Kirk, Charlie's widow, also recognized as the designated victim representative, meaning she will serve as the official voice for Charlie in court, just as she's been since he was murdered in September. Robinson has not yet entered a plea. He is charged with one count of aggravated murder, felony discharge of a firearm, obstruction of justice, two counts of witness tampering, and commission of a violent offense in front of a child.
Starting point is 00:19:05 Prosecutors will seek the death penalty. The trial is tentatively set for January, 27. And that'll do it for your AM update. I'm Megan Kelly. Join me back here for the MK show. Live on SiriusXM's The Megan Kelly Channel, 111 at noon east on youtube.com slash megan kelly and on all podcast platforms

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