Judge Dismisses Comey and James Cases, Pentagon Investigating Sen. Mark Kelly: AM Update 11/25

Summary

The Megyn Kelly Show – AM Update 11/25/2025

Episode: "Judge Dismisses Comey and James Cases, Pentagon Investigating Sen. Mark Kelly"
Host: Megyn Kelly
Date: November 25, 2025

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Episode Overview

This morning update on The Megyn Kelly Show dives into major legal and political news:

• The dramatic courtroom victories for James Comey and Letitia James as indictments against both are dismissed over a technicality regarding prosecutorial appointments.
• Scrutiny over whether Comey and James are truly free, featuring analysis from attorney Will Chamberlain.
• The Pentagon's rare investigation into Senator Mark Kelly after a video urging military members to refuse hypothetical unlawful orders.
• Campbell Soup Company controversy as an executive is secretly recorded making damning comments.
• A significant Thanksgiving travel forecast, with the National Weather Service predicting a polar vortex-driven deep freeze.

Megyn Kelly delivers the news with her trademark skepticism, humor, and legal precision, backed by guest experts and direct quotes from key players.

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Key News Segments and Insights

1. Judge Dismisses Indictments Against Comey and James (01:30–07:25)

• Background:
  A federal judge dismissed indictments against Former FBI Director James Comey and NY AG Letitia James, finding the prosecutor in both cases—Lindsey Halligan—was unlawfully appointed by AG Pam Bondi after her predecessor’s interim term lapsed.

• Critical Timeline Breach Explained (02:34):

  • Halligan’s predecessor’s temporary appointment (Eric Siebert) expired after 120 days.
  • Legally, after expiration, only federal judges—not the Attorney General—can appoint a replacement.
  • Judge Cameron McGowan Curry: "[Halligan's appointment was] invalid and therefore… all actions flowing from Ms. Halligan's defective appointment constitute unlawful exercises of executive power and must be set aside."

• Notable Quotes:

  • Letitia James, post-ruling: “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges.” (03:58)
    Megyn Kelly, irreverently: "She went on, and I deeply admire myself for my courage. She didn’t really say that, but she did call herself fearless." (04:16)
  • James Comey, video statement (04:23):
    “I'm grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence and a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking. … The message has to be sent that the President of the United States cannot use the Department of Justice to target his political enemies. I don't care what your politics are. You have to see that as fundamentally un-American and a threat to the rule of law that keeps all of us free.”

• Is Comey Really Off the Hook?

  • Dismissal is without prejudice; prosecutors may retry.
  • Statute of limitations for Comey’s alleged false statements has lapsed; can DOJ refile?
  • Will Chamberlain, legal analyst:
    • "The DOJ can simply appeal and if they win, like they will, this won’t matter. But even if they lose on appeal… the DOJ has six calendar months to refile the indictment." (05:19)
    • "This was dismissed for a different reason, namely the fact that Lindsey Halligan… was not properly appointed. So there's no reason DOJ shouldn’t be able to re-indict within the next six months." (05:57)

• Statute, Separation of Powers, and Likely Appeals:

  • Chamberlain critiques Judge Curry’s interpretation, warning it could create constitutional separation of powers issues.
    • “If you grant the authority to appoint executive branch officials to the judiciary exclusively, then that’s a separation of powers violation… prosecutorial authority… can’t belong to the judiciary.” (06:33)
  • DOJ and AG Bondi plan immediate appeal; Supreme Court involvement possible.

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2. Pentagon Investigating Sen. Mark Kelly Over “Seditious Six” Video (07:56–11:43)

• Incident: Senator Mark Kelly, a retired Navy Captain, featured in a video with five Democratic lawmakers, calling on military members to refuse unlawful orders.

• Pentagon Statement:
  “The Department of War has received serious allegations of misconduct against retired Captain Mark Kelly… which may include recall to active duty for court martial proceedings or administrative measures.” (07:56)

• Accusations & Legal Exposure:

  • President Trump labels video “sedition.”
  • Secretary of War Pete Hegseth: “The video made by the seditious six was despicable, reckless and false… Mark Kelly is still subject to the Uniform Code of Military Justice and he knows that.” (09:04)
  • Only Kelly is under investigation as others are not military.

• Kelly’s Defense:
  “I swore an oath to the Constitution in 1986. … If Trump’s trying to intimidate me, it won't work. I've given too much to our country to be silenced by bullies who care more about power than the Constitution.” (09:43)

• Press Secretary Response:
  Points out the lawmakers can’t cite any actual illegal Trump orders, calling the video bad faith.

• Legal Analysts’ Take:

  • Pentagon Spokesperson: “You can't have a functioning military if there is disorder and chaos within the ranks. … Not a single one of them… can point to a single illegal order that this administration has given… Senator Mark Kelly and all of them should be held accountable for that.” (10:08)
  • Speech or Sedition?:
    • Political commentator John Podhoretz suggests “speech and debate clause” may shield Kelly, but Will Chamberlain disagrees:
      “It’s immunity for activities that fall within the sphere of legitimate legislative activity… Here this [was] a public statement with political ramifications. … He doesn’t know of any unlawful orders… I don't think he has any reasonable grounds to claim this would fall under [that] protection.” (11:13)

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3. Campbell Soup Executive Secretly Recorded Trashing Company (13:59–16:50)

• The Tape:
  Campbell’s VP and Chief Information Security Officer Martin Bally is allegedly caught, in a salary meeting, deriding the company’s food quality, co-workers, and customers.

  • Recording excerpt (Robert Garza, former analyst):
    “We have … poor people who buys our [censored] I don't buy it’s barely anymore so healthy now that I know what the [censored] in it even in can of soup I look at it look at me pop bioengineered meat. I don't want to eat a a piece of chicken that came from a 3D printer.” (13:59)

• Allegations:

  • Campbell’s uses “bioengineered meat”/“3D printed” chicken (which Campbell’s vigorously denies).
  • Offensive comments targeting Indian colleagues: “effing Indians don’t know an effing thing … couldn’t think for their effing selves.”

• Company Response:

  • “The comments… are unacceptable. They do not reflect our values and culture… The comments about our food are not only inaccurate, they are patently absurd… Bally as an IT employee had nothing to do with making the food.” (15:33)
  • Bally placed on leave amid investigation.

• Further Fallout:
  Florida Attorney General launches consumer protection probe; Florida law bans lab-grown meat.

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4. Thanksgiving Travel Chaos: Polar Vortex and Weather Alerts (16:50–17:29)

• NWS Alert:
  A “polar vortex” disruption will plunge much of the US into a deep, early-season freeze; snow and ice expected from the Pacific Northwest to the Upper Midwest.

• Weather Science Explained:
  NWS Meteorologist (16:50):
  “The polar vortex usually acts like a shield that keeps ultra cold air trapped above the North Pole… [A]tmospheric warming dramatically spikes, disrupting the polar vortex and reshaping the jet stream… Think of it like opening a freezer door, allowing all that frigid air to spill south into areas where people live.”

• Travel Impact:

  • Record 82 million Americans expected to drive; 17.8 million to fly—highest in 15 years.
    Megyn Kelly: “Good luck out there and bundle up.” (17:29)

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Notable Quotes & Moments

• Megyn Kelly, on Letitia James’ statement: “She went on, and I deeply admire myself for my courage. She didn’t really say that, but she did call herself fearless.” (04:16)
• James Comey, on prosecution: “A prosecution based on malevolence and incompetence…” (04:23)
• Will Chamberlain, on re-indictment: “…DOJ has six calendar months to refile…” (05:22)
• Pentagon Official, on chain of command: “You can’t have a functioning military if there is disorder and chaos within the ranks.” (10:08)
• Martin Bally (Campbell’s VP), recorded: “I don’t want to eat a piece of chicken that came from a 3D printer.” (14:13)
• NWS Meteorologist, on polar vortex: “It’s counterintuitive to think that warming temperatures high above the Arctic could mean wintry weather where we live. But think of it like opening a freezer door…” (17:15)

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Timestamps for Key Segments

• 01:30 – Dismissal of Comey and James indictments explained
• 04:23 – Comey’s Instagram response
• 05:19 – Will Chamberlain on statute of limitations and DOJ options
• 06:33 – Chamberlain on constitutional and statutory errors
• 07:56 – Announcing the Pentagon investigation into Sen. Mark Kelly
• 09:43 – Kelly responding to investigation
• 10:08 – Pentagon spokesperson on military order and discipline
• 11:13 – Chamberlain on Speech and Debate Clause defense
• 13:59 – Campbell’s VP audio starts
• 14:17 – Bally’s comments about bioengineered meat and co-workers
• 15:33 – Campbell’s company response
• 16:50 – National Weather Service polar vortex explanation
• 17:29 – Final travel advisories

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Tone and Style

True to Megyn Kelly’s style, the update is brisk, unfiltered, and occasionally sardonic. Legal analysis is sharp and succinct, with experts given space for nuanced interpretation. Satire and directness color coverage of political and corporate speech.

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This summary provides a comprehensive, structured rundown of the episode, including key discussions, direct quotes, and the legal and political stakes highlighted in Megyn Kelly’s AM update.

Transcript

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[Megyn Kelly]

Good morning everyone. I'm Megyn Kelly. It's Tuesday, November 25, 2025, and this is your AM update.

[James Comey]

I'm grateful the court ended the case against me, which was a prosecution based on malevolence and incompetence.

[Megyn Kelly]

As former FBI Director James Comey celebrates a recent court ruling, tossing his indictment, attorney Wil Chamberlain says, not so fast.

[Pentagon Spokesperson / Military Official]

You can't have a functioning military if there is disorder and chaos within the ranks.

[Megyn Kelly]

The Pentagon announces an investigation into US Senator from Arizona Mark Kelly, connected to his participation in a video urging military members to disobey hypothetical unlawful orders. What's in your soup? A Campbell executive reportedly caught on tape making shocking claims about the company and millions of Americans prepare for holiday travel as the National Weather Service warns of a deep chill from a polar vortex. All that and more coming up in just a moment on your AM Update. The Black Friday Buy one, Get one Free sale is here at All Family Pharmacy, and it's a big one. From November 22 through December 2, when you buy one ivermectin, hydroxychloroquine or mebendazole, you will receive another one free. Over the past few years, many families have learned how important it is to be prepared, to have options and to take control of their own health. All Family Pharmacy makes that process simple, transparent and accessible without the confusion of roadblocks that people are tired of dealing with. Go to allfamilypharmacy.com Megan Place your order online and a licensed physician will review it. Once it's approved, your medication is shipped directly, privately, privately and securely to your home. The Black Friday event lasts for one week only and supplies are limited. When it's gone, it's gone. If you value preparation, clarity and having real choices for your family's health, consider allfamilypharmacy.com Megan before December 2nd and secure your Black Friday buy one get one free deal. A federal judge dismissing the indictments against former FBI Director James Comey and New York State Attorney General Letitia James ruling in a pair of nearly identical opinions that the prosecutor who brought both cases was never lawfully appointed. Both indictments brought by Acting U.S. attorney for the Eastern District of Virginia, Lindsey Halligan. Halligan put in her position by AG Pam Bondi in September after Halligan's predecessor, Eric Siebert resigned. Siebert originally nabbed this role thanks to an appointment by the AG's office, but these temporary appointments are only good for 120 days. When that period ended, Siebert was reappointed by federal judges, which the controlling statute says is fine. It's fine, but is it required? That's the question in this case. Comey argues that when Siebert resigned, his interim successor could be chosen only by federal judges. The DOJ says either judges or the Attorney General's office could do it. Last month, both Comey and James separately moving to dismiss the cases, arguing AG Bondi did not have the power to appoint Halligan to this post. Clinton appointed U.S. district Judge Cameron McGowan Curry siding with Comey and with James finding Halligan's appointment to be, quote, invalid and therefore, quote, all actions flowing from Ms. Halligan's defective appointment constitute unlawful exercises of executive power and must be set aside. James responding to the ruling with a statement, quote, I am heartened by today's victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges. She went on, and I deeply admire myself for my courage. She didn't really say that, but she did call herself fearless. Comey taking to social media naturally, posting this video to Instagram.

[James Comey]

I'm grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence and a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking. The message has to be sent that the President of the United States cannot use the Department of Justice to target his political enemies. I don't care what your politics are. You have to see that as fundamentally un American and a threat to the rule of law that keeps all of us free.

[Megyn Kelly]

Judge Curry dismissing both cases without prejudice, meaning prosecutors can try again. But with Comey's allegedly false statements to Congress now beyond the statute of limitations, the question in his case, unlike Letitia James's, is whether they still can be refiled. We spoke with senior counsel at the Article 3 project, Will Chamberlain, who outlines a number of issues with this ruling, telling us Comey is far from in the clear.

[Will Chamberlain]

It means, first off, obviously, the DOJ can simply appeal and if they win, like they will, this won't matter. But even if they lose on appeal, There's a statute 18 USC section 3288, which says that whenever an indictment charging a felony is dismissed for any reason, after the statute of limitations runs, the DOJ has six calendar months to refile the indictment. And so this is for any reason. There's only a couple of exceptions to it. One of them is if the reason that your indictment got dismissed is because the statute of limitations had expired, you can't refile it later on. But that's not the argument here. This was dismissed for a different reason, namely the fact that Lindsey Halligan, in Judge Curry's view, was not properly appointed. So there's no reason DOJ shouldn't be able to re indict within the next six months.

[Megyn Kelly]

In other words, Comey should not pop the champagne just yet. Judge Curry ruling that once the AG uses that 120 day window, one time in this case for Halligan's predecessor Siebert, the power to appoint an interim U.S. attorney shifts exclusively to the federal judges in that district. Chamberlain argues that interpretation of the statute is not only incorrect, it creates larger constitutional issues.

[Will Chamberlain]

It's wrong on two levels. First off, it's wrong as a matter of just plain language of the statute, which says very clearly that the Attorney General may appoint a U.S. attorney and if the relevant office is vacant, and the only exception to that is that the Attorney General may not appoint someone who has been affirmatively outright rejected by the Senate. Second, even if the statute were ambiguous, she should err on the side of not ruling in a way that creates constitutional questions. And the problem with Judge Curry's opinion, and specifically on this point, is that if you grant the authority to appoint executive branch officials to the judiciary exclusively, then that's a separation of powers violation because the prosecutorial authority is the most quintessentially executive function there is, and so that can't belong to the judiciary.

[Megyn Kelly]

AG Bondi telling reporters yesterday the DOJ is immediately appealing this ruling. We asked Chamberlain what he predicts will happen next.

[Will Chamberlain]

That's just not going to pass constitutional muster, especially after this last year of Supreme Court jurisprudence, where the Supreme Court has basically dismissed all these attempts to uphold these independent agencies and prevent President Trump from firing members of, for example, the fcc. The Supreme Court has rejected all of those as unconstitutional. This clearly also would be unconstitutional.

[Megyn Kelly]

Under the same logic with the administration vowing to appeal and similar disputes popping up in other districts, the question may ultimately require a definitive answer from the Supreme Court. The Pentagon yesterday announcing an investigation into US Senator from Arizona, Mark Kelly, a Democrat, quote, the Department of War has received serious allegations of misconduct against retired Captain Mark Kelly. A thorough review of these allegations has been initiated to determine further actions which may include recall to active duty for court martial proceedings or administrative measures. Last week, Senator Kelly participating in a video posted on X with five other Democrat lawmakers urging military service members to ignore hypothetical unlawful orders.

[Democratic Lawmakers / Mark Kelly]

We want to speak directly to members of the military. This administration is pitting our uniformed military.

[Will Chamberlain]

And intelligence community professionals against American citizens.

[Democratic Lawmakers / Mark Kelly]

Our laws are clear. You can refuse illegal orders.

[Megyn Kelly]

The Pentagon now investigating whether Kelly's participation in the video amounts to undermining good order and discipline in violation of a federal law that carries up to 10 years in prison. President Trump accusing the Democrat lawmakers of sedition, calling for their imprisonment. Secretary of War Pete Hegseth weighing in yesterday on X, quote, the video made by the seditious six was despicable, reckless and false. Their foolish screed sows doubt and confusion which only puts our warriors in danger. Mark Kelly is still subject to the Uniform Code of Military justice and he knows that. Secretary Hegseth saying the other members do not fall under this military's purview and therefore are not being investigated. Senator Kelly firing back on social media, quote, I swore an oath to the Constitution in 1986. I have upheld it through 25 years of service and every day since I retired. If Trump's trying to intimidate me, it won't work. I've given too much to our country to be silenced by bullies who care more about power than the Constitution. White House Press Secretary Caroline Levitt pointing to the lawmakers inability to name an actual illegal order from President Trump as evidence of their bad faith.

[Pentagon Spokesperson / Military Official]

Senator Mark Kelly well, well knows the rules of the military and the respect that one must have for the chain of command and that all lawful, all orders, lawful orders are presumed to be legal by our service members. You can't have a functioning military if there is disorder and chaos within the ranks. And that's what these Democrat members were encouraging. It's very clear. And not a single one of them since they've been pressed by the media, and I'll give you guys credit for that, can point to a single illegal order that this administration has given down because it does not exist. They knew what they were doing in this video and Senator Markelli and all of them should be held accountable for that.

[Megyn Kelly]

Political commentator John Podoritz, who is a former presidential speechwriter but not an attorney, suggesting Senator Kelly's comments are protected under the speech and debate clause of the Constitution, protecting members of Congress from legal action for things they say as part of their legislative acts. This protection does not typically apply to social media posts, which are generally considered political in nature, not part of the legislative process. Attorney Will Chamberlain weighs in here.

[Will Chamberlain]

It's immunity for activities that fall within the sphere of legitimate legislative activity. So that can include more than just what you say on the floor. You know, it can include committee investigations, but not only here is this just a public statement that he's making with political ramifications, but he's admitted that he doesn't know of any unlawful orders that have been issued that would then be the subject of an investigation of some sort. So I don't think he has any reasonable grounds to claim that this would fall under the protection of the speech and debate clause.

[Megyn Kelly]

Coming up, A Campbell's Soup executive apparently caught trashing the food, the employees and the customers and chilly weather is on the way as Americans gear up for the busiest travel time of the year. I've been talking a lot about River Bend Ranch because I love their steaks this holiday season. Express your love with a very special gift of premium steaks from Riverbend Ranch. They have spectacular beef bundles that are wonderful gifts to friends and family. Their prime rib roast and holiday bundles are only available while supplies last and they're going fast. For the last 35 years, Riverbend Ranch has been creating an elite Angus herd by using ultrasound technology to identify genetically superior cattle with a focus on flavor and tenderness. All Riverbend Ranch cattle are born and raised in the usa. They never use growth hormones or antibiotics and the beef is processed right at the ranch in their award winning USDA inspected processing. Avoid the costly middlemen because beef is sent directly here from Riverbend Ranch to your home, this is not your average Black Angus beef order from riverbendranch.com use the promo code Megan to get 20 bucks off your first order and let me know what you think. That's Riverbendranch.com promo code Megan a Campbell Soup Company vice president allegedly secretly recorded making shocking claims about his employer's food quality, in addition to a series of offensive comments about his colleagues and mocking Campbell's customers too. Former cybersecurity analyst Robert Garza says he captured the hour plus long tirade coming from Campbell's VP and Chief Information Security Officer Martin Bally in a salary meeting the two had last year. Garza says he was fired just weeks after informing his manager about the comments made by Bally despite no prior disciplinary record, and he is now suing the company seeking compensation for alleged emotional, reputational and economic harm in addition to attorney's fees. After filing the lawsuit last week in Michigan, Garza and his attorney releasing the audio to Detroit's Local 4 News we.

[Robert Garza]

Have for poor people who buys our I don't buy it's barely anymore so healthy now that I know what the in it even in can of soup I look at it look at me pop bioengineer meat. I don't want to eat a a piece of chicken that came from a 3D printer.

[Megyn Kelly]

You the Daily Mail reporting Quote Bioengineered meat, also called cultured cell based or lab grown meat, is real animal meat produced by taking a sample of animal cells, cultivating them in a nutrient rich solution within bioreactors and then structuring the resulting muscle and fat tissues into a food product. Gross Campbell's responding to the claim, quote, the chicken meat used in our soups comes from long trusted USDA approved US Suppliers and meets our high quality standards. Is that a denial? In other parts of the recording, Bally allegedly heard referring to Indian colleagues saying quote, effing Indians don't know an effing thing. They couldn't think for their effing selves. According to Campbell's, the company was not aware of the recording prior to when it aired on the news and Bally is now temporarily on leave due to an investigation. Campbell's adding, quote, if the comments were in fact made, they are unacceptable. They do not reflect our values and the culture of our company. We are proud of the food we make, the people who make it and the high quality ingredients we use. The comments heard on the recording about our food are are not only inaccurate, they are patently absurd. Campbell's also saying Bally as an IT employee had nothing to do with making the food. Florida Attorney General James Uthmeyer weighing in on the lawsuit, posting tox quote Florida law bans lab grown meat. Our consumer protection division is launching an investigation and will demand answers from Campbell's as a record number of Americans prepare to travel for Thanksgiving. The National Weather Service or NWS warning an early season blast of arctic air is set to stretch across much of the country. Below normal temperatures expected to begin settling in today, stretching through the end of the month, linked to a disruption in the polar vortex swirling high above the Arctic. The chill expected to impact the Pacific Northwest, Northern Rockies, Great Plains, parts of Texas and the interior Mid Atlantic. The NWS predicting a snow system will enter into the Northern Plains this morning, spreading across the upper Midwest through Wednesday with a potential for heavy snowfall in parts of North Dakota, Minnesota, Wisconsin and parts of Michigan. The agency warning the heavy snow and gusty winds could bring icy roads and dangerous travel conditions. CNN breaking down the counterintuitive science driving this polar vortex the polar vortex is.

[National Weather Service Meteorologist]

About to upend weather patterns across the Northern Hemisphere, setting the stage for what could be a cold and snowy December. The polar vortex usually acts like a shield that keeps ultra cold air trapped above the North Pole. But temperatures high in the atmosphere are forecast to dramatically spike, disrupting the polar vortex and reshaping the jet stream that steers high impact weather events around the globe. It's counterintuitive to think that warming temperatures high above the Arctic could mean wintry weather where we live. But think of it like opening a freezer door, allowing all that frigid air to spill south into areas where people live.

[Megyn Kelly]

The chilly temps arriving as AAA reports a record 82 million Americans expected to hit the road for Thanksgiving. And TSA anticipating more than 17.8 million people set to fly over the holiday, marking the busiest Travel period in 15 years. Good luck out there and bundle up. That'll do it for your AM Update. I'm Megyn Kelly. Join me back here for the Megyn Kelly show live on SiriusXM's Megyn Kelly Channel 111 at noon east on YouTube.com Megyn Kelly and on all podcast platforms.

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