
Positively Legal hosts Mark Eiglarsh and Jonna Spilbor join the show to discuss Tyler Robinson’s preliminary hearing, a realistic perspective on what “winning” looks like for Robinson’s defense, the lawyers debate whether the death penalty should be on the table, Mark and Jonna review the video footage of Tyler Robinson on campus at Utah Valley University on the day of Charlie Kirk’s murder, Judge Graf’s physical reaction to watching the footage of Charlie Kirk’s murder, why the judge is definitely going to find probably cause in this preliminary hearing, Mark and Jonna are joined by Megyn Kelly for a positively fun mock voir dire, Megyn spills the tea on the personality trait that drives her family crazy, her weird and wacky Amazon purchases, the celebrity encounter that left her starstruck, what her last meal would be if she was on death row, on how she handles stress and processing bad things, something Megyn wishes people understood about her, the case where Megyn thinks the ju...
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Hey, it's Ryan Reynolds here from Mint Mobile. Now I was looking for fun ways to tell you that Mint's offer of unlimited Premium Wireless for $15 a month is back. So I thought it would be fun if we made $15 bills, but it turns out that's very illegal. So there, that was my big idea for the commercial. Give it a try@mintmobile.com Switch upfront payment
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Hello and welcome to Positively Legal. I'm Mark Eiglarch, one of your hosts and I'm a criminal defense attorney, former prosecutor, adjunct law professor, law author and avid pickleball player.
C
And with me is Janice Bilboer. I'm a criminal defense attorney, I do not play pickleball. And I'm also the founder of Jana Spielbore Law. Today, day three. Tyler Robinson's preliminary hearing is underway. This whole week we've heard and seen evidence that is not released up until this point that we want to share with you.
B
Yeah, we're going to talk all about why they're doing it, what's happening, pluses, minuses, everything. But first, it's happy hour time. What does that mean for Positively Legal? Well, number one, we don't have alcohol. We don't get to drink. So why we name it that I don't know. But it's my opportunity, the limited opportunity for me get to know you a little bit better, Jonna, by knowing what your day was like. What'd you do today?
C
So I got to say, you know, right on on point here because of the Tyler Robinson kind of ex, what is going to be a very extended preliminary hearing. I literally Mark, this is a rare day where I started on TV. It's 7:15 in the morning and I am going to be ending after this show. So it's eight hours of on air. But I got to tell you something, I love that, you know, someday I don't know how many court appearances you do in a given day. There are some days when I literally am in five different courts in five different counties, like boom, boom, non Stop. And that can get exhausting doing this, watching other people with the. With the stress of having the client that they're responsible for and just getting to talk about it, using our legal acumen. I agree with you that all day,
B
every day, so much easier to sit back and just talk about it.
C
Right? Criticize.
B
Be entertaining, but be educational. Right. Helping people understand legal issues. That's kind of what I'm about. I'm being of service, right.
C
Without having that, it's pressure. And maybe clients should know this and appreciate it. Like, I don't think anybody takes it lightly. When I have a client sitting next to me, I don't care whether I'm representing them on a jaywalking ticket. I'm being hyperbolic here or something much more serious. Every single element of what I have to do, of that crime, of that accusation of holding people's feet to the fire, it's nonstop. It's like, I don't give up. You don't let anything slide. And that's why it's so much more fun when you can watch other people under that pressure.
B
I self impose it, John. I don't know about you, but I self impose the pressure. I define winning and I tell the client as doing everything that I possibly can to. To get the best possible outcome. Well, what that means is there's a lot of stuff I gotta do. I mean, everything. If I'm not gonna pull out the stick at the end and hit myself over the head, if I don't get the outcome, then I've gotta do everything right the first time, as if I've been given an opportunity to go back and do it all over again if I didn't get the outcome that I wanted. And that's how I do it the first time. Well, that puts a lot of pressure, right?
C
Well, it puts a lot of pressure for a number of reasons, not the least of which is sometimes clients, and this is a great segue into Tyler Robinson, we have to define win the same way. Like, of course, when we have a client that walks in with a big criminal problem, a win is a dismissal. But a dismissal is not always legally feasible. So you have to redefine what it means to win and make sure that the client's expectations are aligned. Or now you're not just fighting for your client, you're fighting with your client. And there's nothing worse.
B
How do you. How do you tell a Tyler Robinson, hypothetically, by the way, for anyone who just joined us and has no idea who that is, he's accused of murdering Charlie Kirk.
C
Right.
B
Okay. And his preliminary hearing. His preliminary hearing is going on all week. We'll talk about whether it should go on for a full week or whether it should take an hour or two or 15 minutes. And it's a probable cause hearing. It's not a trial. It's just to show whether they, you know, a crime was probably committed and he's probably the one who did it. It's a very low standard. It's not proof beyond a reasonable doubt, which is what's required to convict someone in criminal court. But how do you tell someone like this, someone who has a case like Tyler Robinson with seemingly overwhelming evidence, death penalty is on the. On the table there. How do you tell them that? Listen, I'm going to be defining winning by doing everything I can to get the best possible outcome. But that may mean you get the death penalty.
C
Well, that's not exactly how you would phrase it. And I also would say that's not exactly the goal. I just think you have to manage expectations. Once you've had a chance to review the evidence, once you've had a chance to file the motions to suppress the evidence, to do what you got to do, to see what the package is really going to look like at the end of the day. The package meaning the case that's going to be put before the jury or the case that's put before the client. And you have to decide whether that client should plead to something or not. I think you need to be able to say to a client with a straight face, I could do everything in my power, we're not going to get an acquittal, but here's what we can do. Let's discuss.
B
Wow.
C
Tyler Robinson's case. So where I'm getting with this is I think a win for him is getting rid of the death penalty. Realistically, unless I'm wrong, unless there's a whole lot more that we don't know, but given what we do know right now, there seems to be plenty of evidence to circumstantially convict him beyond a reasonable doubt. We're not a trial yet. And if that's the case, a win would be you get to live, Tyler Robinson. You get to live.
B
Yeah. And I don't disagree with you. I think that that is probably the best that they can hope for. I've suggested it on a number of shows, including Megan's earlier today, and I got a lot of pushback from a lot of people, many people, and I think, including yourself, well, why should they waive Death.
C
Why I would challenge you on that. There's no reason for the prosecution to waive death. The death penalty. I understand you have a difference of opinion. Tell us.
B
Well, hold on one second. So that I can minimize the hate mail. I'm still going to get the nuts who are calling me.
C
Are you really?
B
But, oh, my. I asked my assistant. I go, how many calls? She said, about 4. All yelling, mad at you. Yeah. And. And all I did last night on Chris Cuomo show was, and again, I made it clear. This is not Mark advocating that they waive the death penalty. This is me answering the question. The same question that Chris Cuomo asked me and the same question you're asking me. What would be the reasons for them to waive the death penalty? What advantage would there be to the prosecution? This is not Mark giving his opinion about why I think they should. That's separate. No one's asking me that right now. You're asking me what would be the advantage. So, first and foremost, closure. Not disclosure, you dickhead.
C
Well, disclosure, you dickhead. Okay.
B
Right. Thank you. Anytime.
C
We get that in family for Erica
B
Kirk for the closure, for Eric everyone. Meaning no more appeals, no more expense. Because it costs about six times more to execute someone than to keep them in prison for life. Contrary to what people think, it's actually more expensive because the appeals are. And God forbid it comes back on appeal for one little technicality, one question or thing that was done during jury selection, which is how a lot of cases are reversed. You'll wish that there had been some resolution. Third, the emotional toll for the family. Megan dismissed it as so What? So in 10 years, if you have to come back and do it all over again, so what? That is. That's rough. Nobody wants to go through this all again. You want closure. Also, you want to dismiss him. I don't want any more of Tyler Robinson. He doesn't need any more notoriety. You don't want copycat folks. And every time you give him exposure, other people are saying, ooh, look at the attention he's getting. And these nut jobs are more apt to commit the crime. So all of that, he's gone. No issue on appeal. He goes away. And here's the final thing. Getting the death penalty is not guaranteed. Florida has since changed the law to allow for a few people to say, well, I think he should live. But if the majority are saying he should die, person can get death. In Utah, it still needs to be unanimous, which means all 12 must say, he should die. If one person says, you know what? Okay, I agree that what he did was horrible, but I think it'd be worse for him to live his life in prison. Or you know what? This case is not as bad as some of the others that people get death, or he said God bless you to somebody once, or he helped somebody across the street or he's got mental illness or. Or he had a tough childhood or whatever the reasons are lack of priors, whatever, motivate someone to find someone for life, then you're done. It's a failure of the prosecution. Right. So all I'm saying is there are reasons why there should be that discussion given. And apparently Charlie Kirk's widow is not adamant about the death penalty. So. Okay, the door is open to at least discuss it. Your thoughts, Jonna?
C
So I agree in part with what you're saying, but. And maybe I agree with, with the analysis, but I don't agree on the way to get there. Here's what I mean by that.
B
Okay, go. So.
C
And again, we are going to go through actually on this show some of the actual evidence so far that has been presented in this preliminary hearing, which is taking far too long. But I digress. So the thing that worries me about this case is because of what the way Utah handles it. If you don't have a unanimous verdict in the penalty phase. So let's say you get past the guilt phase, meaning at 12 jurors find him guilty beyond a reasonable doubt of aggravated murder, which is the reason it's a death penalty case. But you do have one holdout who has second thoughts. I don't know. You know, he's only 23 or 20, whatever he is by the time this happens, and I can't, in my conscience, can't sentence him to death. So now he. He lives. So the message that. That sends to future criminals, future copycats, future defense attorneys who are handling these types of cases. This is a very highly controversial case is. Well, don't worry about it. We'll just go to the mat and there's a good chance that one person, just one person, is going to have a change of heart and you're not going to be executed anyway. So if the prosecution felt that that was a real possibility, I could understand then for them to talk turkey. But as I agree with you, it would have to be. We're wrapping this up. There's going to be no appeal. We're never going to see you again. You're not going to get a second chance at anything. We're going to close this case. Never speak your name Then and only then, in my opinion, would it make sense. Unless, I mean, look interesting. What's interesting to me, Utah has two means of execution. Lethal injection, Firing squad. Firing squad. I like it. I don't know who gets to choose, but if you're.
B
I looked it up.
C
If you looked it up, who. Who chooses that?
B
It only happens if you're either convicted for an offense where the firing squad was being used, which is not the case, or. Or the drug companies can't deliver the lethal injection juice that's needed. Yeah. To take them out. So he's going to get lethal injection if he's convicted.
C
It should be up to the victim's family. And you should also have the option. I'm being facetious, but I would do it to pull the trigger. And how apropos in a case like this, but I find it interesting because to me, that's a very archaic form of execution. I suppose.
B
But people, People have very strong feelings about the death penalty. And you never really know until those people go into that jury room what is going to be enough to tip the scales in favor of them voting for death. We saw it in the Parkland shooting. Marjory Stone Douglas. When Nicholas Cruz went in and killed teachers and students and what, what he did here, everybody thought death penalty. I think it was three jurors who said no life. So there's nothing guaranteed. Right. All right, let's talk about the evidence because.
A
Yeah.
C
And can we just also mention for our viewers who may not know, because one of my pet peeves is when people call a preliminary hearing a preliminary trial, it's not a trial, but I could see where the mistake would be made in this case because it is unusual to have a preliminary hearing, which is only a hearing to determine if there is probable cause to hold this person over to answer to the charges. There. The evidence. Evidence is more relaxed. You can have certain hearsay statements where you might not be able to do that in a trial. You don't need to present your entire case. You don't need to present your entire case. You just need to meet by a reasonable suspicion of probable cause, each element of the offenses that are charged. But that's it. You save the big time for the trial.
B
Don't you agree? That could be done in like, two hours where you just. Hey, hey. Hearsay is admissible. Right.
C
Look at the.
B
Let's start with his confessions that he wrote to his, his boyfriend. Okay, whatever. And, and, and, okay. And here's some video showing that he was on the scene. And we've got some DNA on the trigger. Okay, done, done.
C
Enough. Right.
B
But isn't this about showing the public, all the conspiracy theorists, it's. Isn't this all about, like, the public. Isn't this all about showing them, look what we've got?
C
I don't believe that's the sole purpose of the defense strategy here. I think it's more about setting up the appeal, which is going to happen if he is convicted, even if he's not sentenced to death. And what I mean by that is every word that is uttered in this prelim is going to be taken down and recorded. Right. Forever. And, and then when you have to call these same witnesses again six months, a year, two years down the road to testify at trial, anything they said that is even remotely different today than what they're going to testify to at trial is going to be fodder for attack, and that's going to be fodder for the appeal. So I think the strategy is first that then maybe, I don't know, whatever message they're trying to get to the
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find out if your pup can poop a dongle. Get a'@lemonade.com Pep. All right, so one of the arguments that's going to be that would have been made except for slot number five, which we're going to play in just a moment.
C
Yeah.
B
Would be he wasn't even on campus. He didn't even go there. His DNA is there.
C
Right.
B
It's not him. He's being framed like the Mona Lisa. But let's run sot. It's a little long, but we'll, we'll, we'll give some analysis and put it into context. Let's run that now.
C
Okay, what are we seeing here?
B
That's the vehicle that's believed to belong to Mr. So we're hearing the testimony from the lead agent. I think this is the lead agent describing what we're seeing on the video. And he goes into, you know, first we see him in the parking lot of the school. Right. Vehicle belongs to Mr. Robinson. Information that was provided regards to driver's license and department of motor vehicle records. The vehicle. Yeah. That fancy European accent is the lead agent, right?
C
Yeah. Hall, I think, Detective.
B
Yes. Where is he from? The. The shape of the vehicle is very distinct, but predominantly the wheels were very distinctive on this. He sounds more believable with that accent, right?
C
Oh, yeah, yeah.
B
The driver of the vehicle exits the vehicle and then walks on foot to exit the parking garage.
A
Yeah.
B
So we know what his vehicle.
C
You don't say, hey, he got out of the car, exited the vehicle.
B
Right. And then we went for Team Crumpets.
A
Yes.
B
Who is that? I believe that's Tyler Robinson. All right, where does he go from there? I mean, it's pretty detailed as you go from there into the campus and actually goes to the quad area of the campus. At that time, he makes contact with some representatives from TP usa.
C
Now he's talking to the enemy.
B
Good point. So he goes up on campus, visits the amphitheater area, the courtyard or quadrant. Correct. And then what do we see here? Now he returns on foot back to the same vehicle. And what time is he? Pretty compelling. Jana, Is this about 9:25am this is the morning of the shooting. Hasn't happened yet, I don't think.
C
Right. So he get. No, he gets out. He's talking to. Now is he. Where's his gun? I want to know at this point. Like, did he. Is the. Is he getting the gun now and he's going to go hide it someplace or did he previously hide it?
B
I'm not really sure. I don't know the context of this. I know he does at some point. I saw the testimony live, where he then goes into the woods and he puts the bag down. Like it's all connected. They've got it. It's just off of Campus Drive. It's a short walk from the. From the amphitheater. What do we see now? That's the vehicle exiting with Mr. Robinson driving the vehicle
A
exiting.
B
You don't like exiting. You would train him to say something different. He's leaving the garage. I think that's good enough. All right, that's good. I think people get a taste of what we're dealing with. So I wanted people to get a flavor. I mean, this goes on and on and on. I watched it live. Right. It's compelling. You every move is detailed pretty well.
C
Well, yes. I mean, this was so thoroughly planned. I mean, they talked about a sniper pad on the roof. Like he knew exactly where he was going to put himself, where to put the gun. I think at some point he had, like, put the gun someplace so he could retrieve it once he got on campus and then he hit it so he could go back and get it. That he thinks is his downfall because apparently that didn't happen. Or at some point he made that. That mistake, which ironically, Mark.
B
Yeah.
C
I think we will find out later in text messages. Here's the thing that bothers me. He laid out his plan, his mistakes, why he was doing it, the whole shebang. In a text exchange with his gay furry lover. What is his name? Lance. I can't remember his name for right now.
B
Gay furry lover. I like that.
C
Gay furry lover. And he lays it out. You know how some people try to throw others off the track? He was throwing himself on the track.
B
Correct.
C
With. With this text exchange. To me, when you're going to think about how opposite this is, if you're going to plot and plan to get into this campus, get a gun that nobody sees you, get on a roof, commit an assassination, get off the roof, get your gun, get the hell out of there. You're going to memorialize it in a very graphic text exchange that, you know, digitally. We leave a footprint that cannot be erased. And this is what this guy does. I can't. That's the point. I can't wrap my mind around.
B
You're good. I could see you arguing that, like in closing arguments on his behalf. It's too good. You know, the breath reading is a 0. 33. No one could even stand at that level. There's no way that machine was working accurately in this case. There's no way that confession is real. It's too perfect. Right. Has to be manufactured. The police did it. Yes.
C
Well, crazy. That's probably what we're going to hear at some point. May not in this stage, not at the preliminary hearing, but at trial perhaps. And that's. We had talked earlier when we were talking with Megan on a different show on her show, that if you do have people out there who believe in the conspiracy theories, to me, that whole text exchange is the chum that they can sink their teeth into because it's just so odd. Why would you do that? Why wouldn't you just. If you want to get away with murder, you don't text your furry lover. You go home to your furry lover and you whisper everything you did into his ear. Now that still doesn't protect you because he could turn on you, right? But at least you don't have a digital memorialization.
B
And to those conversely, like myself, who don't believe in conspiracy theories as it relates to this case, that they didn't pick this guy out and choose to sacrifice him and at the expense of letting the real killer go free. I look at his texts. For whatever reason, he put everything in there as clear as an admission, confession. And I can sleep at night knowing that the person who did this is behind bars right now.
C
And that's the other thing. If we can go back to, go back to. Let's talk about the penalty phase, even though we're well ahead of that. Yes, the other thing that they did show but the public didn't get to see and our good friend Phil Holloway I think was upset by this is, and maybe you saw it online when it happened or around the time it happened, is the graphic video of Charlie Kirk getting assassinated that was available. And it's horrible to watch. Whoever is picked in this jury will see that. And I promise you they will see it more than once. They will probably see it several times. Personally, I think a person could suffer post traumatic stress from having to witness that. And that's why jury selection is going to have to be very, very.
B
It affected me. I still think about it. I don't, I don't want to see it again. I saw it once and I said, oh my God, it's gruesome.
C
This is one of those things, Mark. Like I remember where I was when the challenger blew up. I remember where I was when I heard that Charlie Kirk got shot. I mean, you know, and this is just one of those things that stick with you. But imagine 12 people seeing that visual probably a few times with that in their head and with all the circumstantial evidence that will also come out at the trial, getting one person to not believe this man should be put to death, given just the evidence, not just, not something personal about him that might resonate, I think is going to be tough. Because if you can't put him to death, calculating this shooting somebody, all those people so cold blooded, then who can you?
B
Well, that's what everybody says about every case. And jurors find ways to vote in favor. You know, you were talking about how graphic the video is. We have a video of SOT1, the judge reacting to seeing the shooting himself. Let's take a look at that S1. Let's go ahead and play this video only on the monitors.
A
And if there's sound associated with it, the sound to be played as well.
B
You may proceed. All right, so to your point, Jona, I mean, even the judge, I'm sure, who's human, I don't know if he had seen this before, but, you know, there's a reaction there. And if he's human and any jurors are human, they're going to feel for how graphic this is.
C
Yeah, it was just, it was just horrific. And I remember, I remember our good friend, again, our good friend Phil and I had seen it online and I thought it was like, you know, when you're, when something is so terrible, you say to yourself, that's got to be fake. It's got to be fake. It's got to be. AI was hoping that's what it was. And then it turned out that, that it wasn't crazy. Yeah.
B
All right, so we're going to be talking about this case on and on, I'm sure you with five appearances a day. I don't love to wear makeup as much as you, so.
C
You sure?
B
Yeah, I do. I do. That's true. So we'll continue to cover this. We're going to listen. Newsflash. He's going to find probable cause. The judge is going to find probable cause. It's a very low standard. Proof beyond a reasonable doubt is what the jury needs to find. This is going to go to a trial. So spoiler alert.
C
Okay, agreed.
B
All right, coming up, we have a very special guest on Positively Legal. It was not easy to secure her presence, but she's here. She's in the green room, and we're gonna ask her whatever question we want. She is a very well known individual. Stick around. We'll be right back with that.
A
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Hey, it's Ryan Reynolds here for Mint Mobile. Now, I was looking for fun ways to tell you that Mint's offer of unlimited Premium Wireless for $15 a month is back. So I thought it would be fun if we, we made $15 bills, but it turns out that's very illegal. So there goes my Big idea for the commercial. Give it a try@mintmobile.com Switch upfront payment
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C
Welcome back to Positively Legal. The moment we've all been waiting for. She puts the MK in MK True crime. Megyn Kelly is our featured fantastic guest. But before we just converse with her, Mark, please tell Megan what's about to happen to her.
B
Well, to her. I'd like to think it's for her. This is for her benefit. She'll enjoy it. She's done tons of interviews. Let's have some fun. Okay. And since we're trial lawyers, Megan, Jonna and I regularly conduct jury selection, also known as voir dire, which is French for to speak the truth. So we'd like to have you the only one on our voir dire panel and we'd ask that you. The only rule is you have to speak the truth. So we have our jury questions. I don't know what John is going to ask you. I have my jury questions and we're going to ask them to you and you're going to have to answer them. Is that okay?
A
I deny everything in demand proof.
B
Johnna, kick it off. Let's go, let's go. Jury selection begins.
C
Go make it, Kelly. I'm going to kick it off with a bang. No pun intended. Megyn Kelly.
A
Who is this going?
B
Oh, it's going. This is Jona.
C
Okay, go ahead, Megan Kelly, who is your hall pass?
A
No hall pass? No, it doesn't exist. Don't believe in it. Think it's bullshit. Would be mad if Doug named somebody. It's all Doug Brunt in the hall, in the classrooms, in the gymnasium, everywhere.
B
That's fair. Good. Safe.
C
Great answer.
B
This is what we're going to expect from her. Okay. What's a personality trait, Megan, that helped make you successful but occasionally drives your family crazy?
A
Oh, I really enjoy being right. If you ever watch Modern Family, Claire has got like an issue with being right. She takes it like to an extreme. She'll go find grocery store videotape to prove that things went down in the store the way she said and not the way her husband said. I've got a touch of that in me, which serves me well as a journalist, but can be an annoying personality trait. So sometimes I have to check it at home remembering. You can't. You can't win if the people you love most are losing. So there's a line.
B
Got it.
C
I like that. I like that quote. Okay, if we looked at your Amazon purchase history from the last six months, what purchase would surprise us most?
A
Oh, God, you'd be shocked at what's on there. It's like Abe Lincoln costume, Christopher Columbus costume. All the stuff that I had to buy for this 4th of July party I just threw, which is just so weird. It was such weird shit because it was like a Susan B. Anthony suffragette dress. It's so weird and random, but that's my life. It's like, stuff like that, and then, I don't know, random books and school supplies. I'm not an exciting person on Amazon.
B
Got it. All right, so when have you had a celebrity encounter where you were actually starstruck?
A
Robert Redford came on my NBC show. And, I mean, I don't know a woman who is part of Gen X who does. You know, he's passed now, but, like, who doesn't just look at any version of Robert Redford and see Hubble from the Way we were.
B
It's like, I think we got her hall pass.
C
That's her hall pass. She didn't want to say it.
B
See, we backdoored it. I don't need.
A
You see, I didn't need to have sex with him. I just.
C
You know, it's Robert Redford.
A
He's like a genuine star. And we grew up with, like, the hair and the trench coat and that's. He was great.
B
Yeah.
C
Yeah. How was he? Was he, like, down to earth? Or was he. Did you like him as a person?
A
I loved him. I thought he was totally charming. He actually wrote me a nice little note. You won't be surprised. He was a Democrat, and he loved my debate with Trump. Republicans hated it, but the Democrats loved it. And he sent me a really nice note after that debate. So I was like, oh, wow, I can't believe Robert Redford might be a fan. Like, is that possible? It wasn't really possible. He just liked that debate. But then he came on my show, and he was, once again, a total gentleman. And the backstory of this whole thing just quickly is he came on with Jane Fonda, with whom he was starring in a movie about aging and, like, getting it on while you're getting old. And she was so inappropriate, was, like, dying to talk about their sex scenes to the point where his agent pulled me aside and said, please interrupt her. Don't let her keep doing that. She's making him so Uncomfortable. So I tried after a commercial break to, like, get her off of the constant talk of her fake sex scenes with Robert Redford by raising the issue of her plastic surgery, which didn't go well for me at all.
C
I remember that she kind of. She tacked a little bit. Jane.
A
I never liked her, even though she talked about it everywhere. Everywhere, but not with me.
C
No.
B
All right, Johnna, keep voidir going. Speak the truth. Megyn Kelly, go ahead.
C
Okay. All right, so here's one. Here's one.
A
Mm.
C
If you had remained a practicing lawyer after we got your head examined, where would you be working today?
A
I think I'd still be at Jones Day. I loved my time there. I spent the vast majority of my legal career with that firm, and they were so, so good to me. I loved them so much. The people were amazing. To the point where when I decided I wanted to try tv, I went to the head of the general lit department where I was working, and I said, I really. I. I need to try this, Tim. And he said, meg, he goes, I. I don't like it. He said, this feels like a trial separation, and those usually lead to divorce. He said, but if you feel you must, we'll support you. You know, you do it, and we'll. We'll root you on. So what kind of cases were so sweet?
B
What specific kind of cases were you handling?
A
Or was it just general employment, bankruptcy, antitrust? You know, anything? Yeah, we. I did some of the R.J. reynolds work that they had, some product liability, but not much, but. Yeah. No. I tried a couple of big cases in federal courts across the country. One kept me in Davenport, Iowa, for three months.
B
Nice.
A
And we were working for. Yeah. Bridgestone. Firestone was my client. So my. My mailbox at the time had. I used to like Oprah back then.
B
Oprah.
A
Oprah magazine and Modern Tire dealer. It was coming to my. To my own.
B
Megan. Megan, your most irrational pet peeve.
C
I don't know.
A
I'm so reasonable.
B
Oh.
C
Oh, I don't know.
A
I guess I have a fair amount of OCD in me. And so, like, if you're watching a clock with the seconds on it, you know, and you've got, like, it's 12, 59, 56, 57, 58, and somebody turns it like it's on a TV right before it gets to 100, like, I have, like, a seizure. I really can't handle that. So that would be one of them.
B
Interesting.
C
This is good information. If we ever want to torture Megan, that's.
A
Yeah.
C
Okay. If you were on death row, what would be your last meal?
A
Oh, yeah, that's easy. Big Mama's Pizza from the Upper west side. Like 85th in Amsterdam. Just cheese. That's all I. Nothing else on it.
B
Thin, regular slices, large slices.
A
Thin. Classic New York pizza. The best. I lived in Chicago. No offense to my Chicago friends, but there's just no contest between Chicago deep dish and New York. New York wins every day of the week. It's. They say it's the water that they use to make the pizza and the bagels that make them so extraordinary. But that Big Mama's Pizza, I gotta see if Dave Portnoy has ever reviewed them, because he goes in, he only has one bite of these pizzas. I've tasted pizza from all over New York. I lived there for 17 years. I've never tasted one that holds a candle to Big Mama's Upper west side.
B
Now, now, if this is getting too personal, you tell me to back off, but are you flaking a little bit of parmesan cheese on that, or are you just going straight up real personal?
A
No, I put nothing on it. No, no, no. Absolutely nothing.
B
Flaky not needed, right? No.
A
You know, depending on my mood, sometimes I'm more Maha than others. I might do a little sopping up of the extra grease with a napkin, with one of the little square white napkins they give you, but probably not. Probably not.
B
Best piece of advice, Doug, your husband, has ever given to you?
C
Oh,
A
I don't know. Doug doesn't really, like, give me, like, little, like, lines that could be delivered. He's just always such a smart sounding board. He's always so rational. I can't think of one in particular, like, a line. But he's, you know, he's generally. I would say generally the Doug advice is if I'm struggling with an issue, he encourages me to trust myself, you know, to trust my instincts, not listen to the noise. You know, just follow my own ethical compass and tune out all the distractions. He believes in me, and it's generally good advice for most people, unless you're really, you know, kind of a massive fuck up, in which case you should listen to other people and not yourself. So I'd say that's generally his response to me. Unlike my therapist, whose biggest line is always, people are complicated.
C
This is not my question. But it's hard. You know, you handle everything that comes at you so well, and I imagine it probably. Do you sweat and not let us see it or something? You know, do you go home and be like, oh, fuck this was a horrible day. Or do you just, just go through life like a princess
B
or somewhere in between maybe?
A
Yeah, there's definitely no, there's no princess in there at all. But no, I, I, I do get stressed, but it doesn't last because I'm good at processing stress, you know, I'm good at like processing bad things and putting them in the right box. Especially around my news career. I mean it's like the nasty pile ons that happen. It's like I'm generally able to say they're piling on MK the brand and not MK the person. You can't take it personal, personally. You have to, you know, dust it off, move on and focus on what makes you happy, what, what actually defines you, you know, yourself, your spouse, your kids, your close friends. But that doesn't mean it's always easy. So I, it would be a lie to be like, I'm one of those people who's just like, oh, I couldn't care less. You know what people say I do care sometimes, like I don't like it when it's a pile on from my side, the right, you know, where I live, like that feels especially upsetting the left. I'm used to attacking me over the past 22 years. So it's kind of like they're back at it again. So that's taken some getting used to because that happened, you know, during the Trump dust up in 2015 and 16 and it happened again this past year around the Israel thing and then when I didn't back Trump on that Iran war. So that's unpleasant but eh, part of the job, you know. And as soon as you start feeling sorry for yourself as a human or using words like unfair, you become a loser. You're on the fast track to loserdom. So I really try never to do it.
B
What TV show, Megan, are you embarrassed to reveal to us that you have binge watched? Hmm.
A
I really don't embarrass easily. I mean I love Real Housewives. I just, I don't have a lot of time. But if I were sitting like at home, maybe you guys can relate to this. It's so rare when you get the house to yourself. You know, like you could actually just and, and you have time for bad tv. But if I did, if those two things happened, I could definitely do a Real Housewives of New York or Beverly Hills. Those would be my favorites. I recently watched the movie for the first time, I Know what yout did last Summer, followed by I know what you did last Summer. Too, which is not. Not Oscar worthy, but fun.
B
All right, that answers it. Yeah.
A
Yeah, that's about it. Nothing else is coming to mind.
C
I like those. Okay, if you could have dinner with one SCOTUS justice, living or dead, who would that be?
A
Would definitely be Scalia.
B
You and Arthur.
A
Yeah. So colorful, so entertaining. Kind of like I. It might stress me out a little. I bet it would make me feel the way I feel when I talk to Dr. Laura, where you're like, I idolize this person, but I'm also terrified by them, you know, And I met Scalia one time.
C
Megan.
A
No, I'm nice. Those people are scary. But I met Scalia one time outside of Rehnquist's funeral, and I was. We were standing there on the steps of the church, and he. He came. He made a beeline for me, you guys. I was like, oh, my God, this is it. You know, this is the moment. He's going to look at me and say, like, you're the one who truly gets it. You know, you're. You're the true fair and balanced at Fox News. I thank you for all the fair and balanced coverage. He comes right over to me and I'm like, oh, my God, this is it. I'm meeting Scalia and he hands me a camera and he goes, miss, would you mind taking a photo of me and this gentleman?
C
No, no.
B
That's fantastic. That happened to us a little bit at Crimecon. Yeah, that was cute. A little bit
A
at the top of my list.
B
Yeah.
A
Yeah.
B
Okay. What do you wish people understood about you that they don't?
A
That I'm. I'm really not partisan or ideological. I'm really, I always say, just a soulless lawyer at heart in that I am open to arguments and to facts, and I enjoy being persuaded that I'm wrong. I just feel like I'm thrilled to find out that I'm wrong because it means I'll be less wrong tomorrow than I was yesterday. And I pride myself on being a learn it all and not a know it all. So I'm pretty humble in what I know and what I don't know, and I'm very, very willing to be persuaded. So, you know, this is why I wouldn't make a good politician, because they just want you to stand by the platform of the party and, like, push through the platform. And that's. And it's not who I am at all. Like, if there's new information proving that this piece of the platform was dumb, I'm very open to it, which is why People would hate me as a politician, but I think helps make me a good journalist and commentator because times change and we must change along with them.
B
As a follow up, do you not concede that you come into these issues that you claim to keep an open mind on leaning a little bit, if not a lot, to the right?
A
Yeah, no, I do. My sensibilities are right leaning for sure, but it's not ideological for me. Do you know what I mean? Like, I'm not one of those people who's like, I mean, I think I am definitely more conservative than I am liberal. And I don't object if people say I'm conservative. And I would say mostly, like, I have conservative thinking. I'm not like really labeling myself that way often, but I like, I'm not dug in, you know, it's like, it's an issue by issue thing for me. I refuse to subscribe to a platform. It's why I'm not a registered Republican and I haven't been in 20 years. I laugh when people try to criticize me by calling me a rhino. I'm like, not even. I know. Not even an R at all. Guess again. I haven't pledged allegiance to either party and I never will again. I've been a registered Dem and a registered Republican and I will never register with one of those parties again. I'm just. I don't believe in them. So I've been in a registered independent and, you know, now it's all the rage now. A bunch of people are, and I'm happy to have them come over, but whenever I see the Republicans do stupid shit, I'm so thrilled. I don't share their team. Jersey and Democrats same. I could never, could never be a member of party that's mutilating children the way they are. So it's, you know, I like where I am right here in the independent lane. And that's where I'll stay.
B
All right, couple final questions, John. Go.
C
Okay. Is there any recent criminal. Any case doesn't just have to be criminal where you believe the jury got it wrong.
A
I mean, Puff Daddy, I think the Diddy case was not decided the right way. I think he actually was guilty of sex trafficking. There was plenty of evidence of it, of the women feeling abused and threatened, Cassie and his other former girlfriends. And I was very disappointed that that jury did not convict him on that charge. But, you know, again, I'm humble enough to realize I wasn't in the courtroom for the entire thing. And I don't really like second guessing Juries like that. But I was shocked at that result, and I. I wish it had come out of a different way.
B
All right, since this is positively legal, we want to end on a positive note. When are you most happiest, Megan? This is easy. Nice softball for you.
A
I mean, for sure, with my family. And I'm just kind of thinking, like, the setting. Honestly, Doug and I always remark on this, and it's true. If we can just get like the five of us around the dinner table and have time, you know, like, no one's gotta scurry off to go do homework. Or in my case, I do AM update in the evenings or, you know, with my kids, sports or something. If we can just sit there, the five of us, those nights where no one's scurrying, we're just sitting and we're laughing, we're exchanging. There's nothing big that has to be discussed. It's just one of those nights where people are having clever retorts and we're hearing more about the kids days. And they're like that. That's the pinnacle. Like, that is just manna from heaven. I could do that every night of the week if.
B
And you can get them to sit still. You can get them to sit still.
C
Well, they're older now.
B
Electronics. Yeah.
A
Oh, yeah. They're not allowed to have the electronics at the table. No. So that would be. No. And I have to say, our kids, they like it too. You know, they're 16, 15, and 12 now, and they're interested in hearing about each other's lives and everything that's happening in the family. And we have a good dynamic. Everybody's very quick to make fun of others and themselves, which is. Which makes for sparkly dinner conversation. Have to.
C
And I don't want Mark to be the only one asking a positive question. Here's mine. Before we let you go. Red or white?
A
Oh, white.
C
White. I would have thought red.
A
White.
C
I would have thought red.
A
Well, given the red studio, I can see it, but it's summer. We're talking about wine, are we not?
C
Yes, we are. Yes, we are.
A
Okay, be sure. Like lingerie. I have a different answer, but yeah, like a white effervescent. Something with like a little. Not a full on Prosecco or a champagne, but like those whites that have a little effervescence to them in the summer where there's like a hint of
C
a bubble in there.
A
You're like, oh, how'd they get that in there? Yes. Fresh, not too fruity. Yes. That's what I would like for a.
B
Well, there we go. We've learned it all.
A
I don't want to be guilted about it.
C
No, we've learned it all.
B
We understand, Megan. Now we get it.
C
This has been a real treat for us. I'm sure it's been a real treat for the viewers. Thank you, Megyn Kelly, for everything you do for everyone, including us. We are going to let you go. But up next, Mark and I go off the record.
A
Don't go anywhere. Love you guys. Guys, see ya.
C
Love you too. Thank you. Take care.
A
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B
Hey, it's Ryan Reynolds here for Mint Mobile. Now I was looking for fun ways to tell you that Mint's offer of unlimited Premium Wireless for $15 a month is back. So I thought it would be fun if we made $15 bills. But it turns out that's very illegal. So there goes big idea for the commercial. Give it a try@mintmobile.com Switch upfront payment
A
of $45 for three months, $90 for six months or $180 for a 12 month plan required $15 per month equivalent taxes and fees. Extra initial plan term only greater than 50 gigabytes. Me slow when network is busy. See.
B
Welcome back to Positively Legal. We are about to go off the record. But before we do, we got to talk about these two folks. A guy and a gal who did what to the Empire State Building?
C
Janna, they acted like Spider Man.
B
Something like that. Yeah, but Spider man doesn't get stripped of his liberty for doing it. These people did. They went on the tour and then they hid, right? And they popped out and they climbed all the way up. I'm sure we've got some footage of that. Why don't we take a look at some of the footage from that and see what they were doing. Yeah, there they are. John, have you ever done that is my first question.
C
No, not gonna do that. Not gonna jump out of an airplane. Not gonna bungee jump.
B
Have you gone on the tour? Did you at least do that of the Empire State Building?
C
No, but I've been in the Empire State Building. Plen.
B
I didn't know. Unless you were a tourist. I always thought it was just a tourist trap.
C
People actually there's businesses and stuff in there.
B
Of course. Of course there is. And these two people went up there. We're talking about Angelina Nikolau and Ivan Kuznetsov. I'm sure I pronounced that correctly. They were arrested last week. They were dressed in all black. They had a banner, and on that banner it read, when the power of love beats the love of power, the world knows peace. What do you make of that? On Positively Legal.
C
Isn't that just fabulous? I think that's such crap.
B
They were charged with burglary, Jonna.
C
Burglary, reckless endangerment, criminal mischief.
B
Yes.
C
Wait, there's more. Criminal trespass, criminal tampering, disorderly conduct, and possession of burglar tools. But wasn't this a proposal? Am I. Am I on the wrong.
B
Yes, we've got. No, no, this is it. We have. We've got some footage of that. Let's. Let's look at that. Here they are on their way down. He got on his knee. I mean, how romantic. Maybe you go to a jury trial on this one, John, in New York when they. Maybe they get rid of their. Their attorney who will talk about that, but. And then maybe you just argue it's just romance. It's not burglary. Right. Look at that.
C
No, how positively stupid, that. You know what? We just. We just found our name for another segment on our positive Positively Stupid, Positively Stup. That has my vote. They're not going to. They. Okay. The best outcome for them.
B
Tell me.
C
Is the disorderly conduct. Why? Because of all of these. This long list. Disorderly conduct in New York is just a violation. It's the same as a traffic ticket. It doesn't give you a criminal record. It's a $250 fine. Could you do 15 days in jail? Yeah. Has anybody ever done that? No. That would be the best possible outcome here.
B
What are they. What do you expect them to get? And again, keep in mind, on the other side, you don't want copycats. You got to send a message that this is something serious. Right. So there's got to be the punitive part. It's got to be some punishment. They didn't just trespass in the building, whatever.
C
Right, right. Which is why they should get one of these mis. I mean, the burglary is a felony. All right, maybe we could drop it down to a misdemeanor, like the criminal mischief. Something that sends a message because you can't have this. But also, here's one thing. Let me push back on myself for a second. How does this happen? Like if you can. How do you get. How do you crawl out of a little. What, a little stairwell? Nobody's there. There's no security. Like, if they can go out there and do. They could have dropped the bomb. You know what they say, Mark? You drop a penny off the top of the Empire State.
B
Yes.
C
You're gonna crush somebody's skull.
B
Right.
C
So we can't have that. We can't have that.
B
No, we can't.
C
Doors.
B
Right.
C
In that loud.
B
Right? So what does that mean? Do we have to lock them up? What does that mean for a penalty for them? What do we need to do here? Should. Should the building be thanking them? They. They. They pointed out glitches in their security.
C
Know what they need? You know what's worse than jail? Probation. Probation for really years?
B
Worse. Really? All right. By the way, here's their lawyer. Okay. And again, I don't want to. I'm. I'm not going to. Judgment is the thief of serenity, so I won't judge him. I. I will let the clip sat 10 speak for itself, and I'm going to set it up this way. John, you've been in front of a camera before, you know, talking half your client. Yeah, once or twice. And you get that sound bite kind of ready because you don't want to wing it. Right. And you picture how people come across. Well, here was his. Not so ready for a primetime moment. It's attorney Jason Krinsky. Here we go. As far as what I've seen, and I'm sure you've all seen, it was
A
a message of love, all right?
B
And, you know, that's a.
A
That's a nice thing now. But on the other hand, you know,
B
the law is the law, right? So we're gonna deal with this case. But I will say, you know, it's nice to have somebody wearing black masks
A
doing a message of peace instead of a, you know, message of.
B
Of destruction and war. Okay. All right. I don't disagree with some of the things he said, maybe the. The manner in which he said it,
C
but he couldn't say it with a straight face. He couldn't say it with a little
B
all over the place.
A
All right.
B
He's doing the best he can. Good luck with the case, Jason. All right, you ready to go off the record?
C
I sure am.
B
Okay. Why don't you. You want to start? I think I started last week. We'll. We'll hear you out first. Let's hear you rant. Okay.
C
All right. I'm ready to rant.
B
Let's go. Let's go off the Record with Jonna Spielbore.
C
Sammy Hagar couldn't drive 55 and looks like Paul Pelosi can't drive at all. Here we go again, folks. In 2022, the then 82 year old Paul Pelosi, husband of Nancy, crashed his Too Hot for Pops Porsche into a Jeep, injuring the driver. At the time, his BAC was over the legal limit. Fast forward to the now 86 year old and he's at it again, this time without the booze on board. Allegedly, he didn't injure anyone, thankfully. Instead, he hit a parked car. He stopped because that's what happens when there's £5,000 of Tesla on your front bumper. But then he put the pedal to the metal until the metal couldn't move anymore, rendering Pelosi stranded on the side of the road in his newly crashed whip. Police rolled up, noticed the damage, and asked Gramps some questions, to which Pelosi responded that he knew he hit something but didn't know what it was. It was another car, Paul. It wasn't a traffic cone, garbage can or mailbox. It was a freaking car. I mean, who taught this guy how to drive? Joe Biden? The first time Paul Pelosi crashed his car, at least he had an excuse. He he was drunk. Sidebar I was going to say he was hammered, and then I thought too soon. But this time, according to police, he had no alcohol in his system. And in an odd sense, this is worse. Hear me out. When a person consumes enough alcohol, their motor skills, vision and judgment are impaired. While you should never drink to impairment and then drive, at least in Pelosi's 2022 accident, there was a clear cause and effect. Assuming he was not impaired this time by any substance, for example, drugs would not be detected by a breath sensor. One must ask, what is the cause of this effect? How do you crash into a car without knowing you crashed into a car? Is being 86, cognitively speaking, akin to being drunk all the time? Sidebar When I'm 86, I'm going to be drunk all the time. I'm happy to hear the California DMV is stepping in, but truth is, there are plenty of old folks out there with valid driver's licenses and the reflexes of Mr. Magoo. What do we do about them as a society to keep them safe yet sufficiently independent to live out their golden years without mowing anyone down on the way to bingo? While I don't have the answer, I am reminded that the journey of a thousand Miles begins with the first step, taking Paul Pelosi off the road. Sounds like a good first step to me.
B
Nicely done as always, Jonna.
C
Thank you, sir. Thank you.
B
Thank you for your rant. I appreciate it. Now, do you feel any better? You feel positively legal getting it off your chest?
C
A little bit, I feel.
B
Yes, much better.
C
Light as a feather.
B
You can't keep the secrets in. They'll kill you. Thank you for letting that out. All right, my turn. Can we please have an honest discussion about fireworks? It's time to ban them. We must ban them. They're beautiful, they're entertaining. But at what cost? Every single year, millions of dogs like mine are absolutely tortured by fireworks. They don't understand it's a celebration to them. It's like a bomb exploding outside of their home. They shake uncontrollably. They hide under the beds. They get anxiety. They don't eat. Veterinarians will tell you that the anxiety often lingers for days, leading to physical problems like digestive issues, loss of appetite, exhaustion, stress. Are two golden doodles lovingly named Peace and Quiet? Yes, those are actually their names. Peace and Quiet. They're going through those post July 4th issues right now. They're a mess. Then there are the injuries. Don't get me started with the injuries. Every fourth of July, it's the same story. Someone loses a hand, they lose an eye. Someone's house catches on fire, somebody dies. The injuries are so horrific, they. That they make national news every year. And then we act shocked. Then we repeat the same thing every year. And let's not forget the environmental impact. The damage is colossal. The evidence proves it. And all for just a few minutes of entertainment. There are incredible alternatives. For example, you got drone light shows, laser displays, synchronized light productions. They all create spectacular celebrations without the harm. Now, just because something has always been done doesn't mean it should continue. Fireworks may be pretty, but the price that we pay is far too high. It's time now to let this tradition go.
C
Mark Iglorsch, I'm signing the petition. Yes, you. A thousand percent yes. That was great. I wish I had thought of it.
B
Really.
C
I love the idea. You're right. It'll never happen, but I love it.
B
Does it mess up your cats in any way? Does it. Does it affect cats? Not that I'm advocating on behalf of cats.
C
Cats don't give a shit about anything.
B
They don't, Mark.
C
They're not like dogs. No, they're a whole different animal, literally and figuratively, but I love that idea. I am with you. Well done.
B
Enough, enough. And we have alternatives. Okay, you heard me, Jana. Thank you for another great week. And this is special because we're gonna go two weeks without doing this because there's a best of next week. So we're off for like a week. But so this was very special. I love today, as always, and so grateful to spend time with you and you as well.
C
And we both got to spend time with the one, the only Megyn Kelly. And that was special as well.
B
Yeah. No. Thank you, Megan, for sitting in with us and answering our questions for today. And listen, we hope that you all have a wonderful week, and we wish you the very best. We'll see you next time on Positively Legal. Take care.
A
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C
Can you grab one more thing? I'll come back up for you.
A
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C
Really? I'm gonna have another one.
A
Ameca empathy is our best policy. Visit amica.com and get a quote today.
Date: July 8, 2026
Host: MK Media (Positively Legal segment with Mark Eiglarch and Jonna Spilbore)
Special Guest: Megyn Kelly
This episode delves deep into the high-profile Tyler Robinson preliminary hearing for the assassination of Charlie Kirk, featuring new explosive evidence, legal strategy discussions, and debate over the death penalty. The second half takes a lighter turn with renowned journalist Megyn Kelly as guest, for a spirited and candid “voir dire” interview on career, personal quirks, and values. The episode concludes with off-the-record legal commentary and rants on recent news.
A series of rapid-fire personal and philosophical questions for Megyn Kelly, echoing the tone and style of jury selection.
“You can’t win if the people you love most are losing.”
— Megyn Kelly, [29:53]
“As soon as you start... using words like unfair, you become a loser. You’re on the fast track to loserdom.”
— Megyn Kelly, [39:14]
“If you can't put him to death... then who can you?”
— Jonna, [24:27], on the Robinson case and penalty standards
“He laid out his plan... In a text exchange with his gay furry lover... You’re going to memorialize it in a very graphic text exchange?”
— Jonna, [20:45], on digital evidence in the Robinson case
“I'm not a registered Republican and I haven't been in 20 years. I laugh when people try to criticize me by calling me a rhino. Not even an R at all. Guess again.”
— Megyn Kelly, [44:13]
This episode delivers a robust legal dissection of the Tyler Robinson case, exploring the realities and complexities of defense in the face of overwhelming evidence and the weighty issue of the death penalty. The presentation and significance of new evidence (video footage, confessions) and its likely impact on trial strategy and jury are explored in detail, with both hosts providing nuanced perspectives on legal standards, public perception, and appeal preparation.
Megyn Kelly, as guest, offers a refreshingly candid glimpse into her personal life, professional philosophy, and values, thanks to a witty and unsparing “voir dire” interview. The episode rounds off with sharp, entertaining legal commentary on news stories and personal rants.
Listeners walk away with: