
Megyn Kelly begins the show by breaking down alleged Charlie Kirk assassin Tyler Robinson's court appearance where he was smiling, calls out those who are ignorant about the law and explains why the FBI or police can't provide more updates, digs into the ongoing questions about what Robinson's furry boyfriend and others in the "trans" community knew ahead of time, explains why the press needs to be in the courtroom, and more. Then Dave Smith, host of "Part of the Problem," joins to talk about how the Charlie Kirk assassination was such a seminal cultural and political moment, the presumption of innocence vs. grappling with the loss of a friend and icon, how distrust in institutions feeds conspiracies, how Kirk provided a platform for debate and dialogue, the well-earned and bipartisan distrust in government, the areas about Israel and Epstein that are "off limits" for some, the Dems releasing photos of Trump and others on the right with Jeffrey Epstein, the way the Epstein story co...
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Megyn Kelly
Welcome to the Megyn Kelly show live on Sirius XM channel 111, every weekday at noon east. Hey, everyone, I'm Megyn Kelly. Welcome to the Megyn Kelly show and happy Friday. We begin today on the court appearance by Tyler Robinson, the man accused extremely credibly of murdering our friend Charlie Kirk in September. He made his first in person court appearance yesterday out in Utah. He had appeared virtually in two previous hearings and he was allowed to wear civilian gear, not a prison jumpsuit, in order to protect his presumption of innocence. Given that while there are obviously no jurors yet, this trial doesn't take place until tentatively January of 2027. He would be on camera with the media there and they don't want to taint the jury pool. So great. He gets to stand there like some sort of upstanding citizen in his blue button down shirt and tie. He was all smiles, which is fucking disgusting because I guess he's feeling joyful. He's maybe feeling like he's going to get away with it. I don't know what he's thinking. I do care, but I don't care about his well being. His parents sat in the front row. The mother was crying. I mean, I'm sorry that she's sad and I'm sorry she raised a killer, but that's what she did. Again, I have, I have some empathy for the parents, but not for him. Not for him whatsoever. And the parents, for the record, did the right thing when they recognized their son from the pictures that were released of the crime scene by the FBI within the hours after Charlie was murdered. And they recognized the picture of the gun that the FBI released and they contacted him. They were the ones who identified their own son as having been the person in the photos and that having been the gun that his grandfather gave to him. They contacted their son asking where he was. They eventually figured out that it was him and he reportedly confessed to his parents, who then brought in a family friend who was both a pastor and connected with law enforcement to convince Tyler Robinson to turn himself in, which is what happened. That's how this went down. That's why, among other reasons, he was arrested. His fingerprints were all over. The gun were reportedly over. I can't remember if it was the ammo. In addition to the doors leading to the rooftop, et cetera, and in addition to confessing to his parents, he confessed to his trans furry lover in text messages. That I grant you, sound odd, they sound a little prescripted, but that does not lead sane people to believe this was the FBI creating a false dialogue. But possibly these two freaks, Tyler Robinson and his transferry boyfriend creating a false dialogue. Two, in my view, at best try to exonerate Lance Twigs, the transferry boyfriend, from knowing about this thing in advance, which I believe he did believe he knew in advance and I believe his weird transferry community knew in advance. And some couldn't keep their fucking mouths shut and started spewing off online about, wait until September 10th, wait until you see what happens September 10th. And then when Charlie was murdered, went back online to say, I see, I told you so. I'd love to know where things stand with that piece of the investigation. But because I am a sane person who understands the law, I also know that the FBI, hello, does not run around updating its investigation and releasing the very latest on what they found. And people who are demanding that the FBI or DOJ do so do not know anything about law enforcement. Some of us have been covering in depth legal cases, cases and matters, and have even tried cases and matters for years. That is how I have spent the past 30 years of my life plus trying cases involved in the legal system, as a trial attorney, then a Supreme Court correspondent covering cases civil and criminal, then as a legal correspondent for Fox News, legal commentator for Fox News, and ever thereafter. And let me tell you something, the FBI does not run around updating its information after somebody gets indicted. It doesn't. It would be extraordinary if it were to do so. And the DOJ is extremely tight lipped normally on its criminal cases. When it's not, it's behaving inappropriately. When it's not. You have rogue prosecutors who wasn't with the doj, Chess James, but like her, the Attorney General of New York, running around trying to update her case against Donald Trump or Fanny Willis shooting her mouth off about Donald Trump. What? What did we do when those prosecutors did that? We ripped them a new one because it's inappropriate. Stop requesting or requiring the FBI or the DOJ to update its evidence for you. You're not the target audience. They're trying to preserve the integrity of this case for when they get it in front of a jury, who are the only people who matter. I'm sorry, but their opinion is the only opinion that's going to matter in this case. And they will come to that opinion based on evidence that gets submitted to them that passes the rules of evidence, which are there to maintain the integrity of a case and investigation and of the defendant's constitutional rights. That's how our system works. That's how our system works. Stop demanding that the FBI update you. That's not how it works. And it would be inappropriate for them to come out and shoot off their mouths about the latest and greatest they have unless and until they are ready to arrest somebody else. And when they are, if they are on transtifa, we're all ears, then they will provide some basic modicum of evidence to support the arresting, affidavit, the arrest, indictment. That's how this works. By the way, criminal prosecutors have an ethical obligation not to spout off about their evidence in the case. We actually pulled this this morning, just. Just in case you were wondering, Rule 3.8 of the ABA Model Rules restrict pro. Restricts prosecutors from making extrajudicial statements that heighten public condemnation. Remember when Fanny Willis did that about Donald Trump and his defense lawyers, too, like spouting off about how race was at issue in this case? It was completely inappropriate. And we argued that correctly at the time. So I don't know how we spun from that into. We're allowed to spew conspiracy theories about the case because the FBI is not saying anything. That's just bass ackwards. It's not true. Okay? It's not. The rules are the same in all the cases, including this one. Now, here's what happened in court. Tyler Robinson went in there charged with aggravated murder and felony use of a firearm, as well as other charges. And what they argued about yesterday was media rights in this case. And by the way, media rights in this case are extremely important, okay? Because neither the prosecution nor the defense are fighting for us to be in there. Neither probably wants us. The prosecutor has acknowledged we may have a limited right. That's not it. Sorry, prosecutor. We have a full right. We're the eyes and ears of the people. You're not a judge, Graph. You're not gonna keep the press out of this courtroom. Maybe you're gonna succeed in keeping cameras out. You shouldn't, because they're allowed in Utah, but you shouldn't. But you're not gonna keep the press out of this courtroom. I'm sorry to break it to you. We have every right to be in there. This is a public proceeding. Will be in there, and we will be documenting every word of this trial, no matter how badly the defense attorneys, who are really the ones pushing for it, want us out. We represent the people, and the people have every right to be in there to watch what happens in this case. So what's happening right now in that courtroom is a legal fight over whether the press is even going to be given notice of the hearings that. That concern the press's right to be present at the hearings and the trial of this case. They. They're not even sure we get to be there when they argue over our access rights. That's effed up, too. We'll see what this Judge Graff rules. But right now, he's keeping a very tight lid on even those arguments. And it's somewhat infuriating. As you can hear in my voice, there are issues of public access to this case that need to be protected. And I. I'm. If they. If this judge rules that somehow the press must be excluded from anything other than sealed proceedings and things that must be kept under seal, he's going to be reversed. There was an issue yesterday stemming from an Oct. 24 hearing, which was closed to the public, about courtroom security, media coverage, and Robinson's ability to wear civilian clothing. Media organizations yesterday wanted a transcript of that hearing, but attorneys for Robinson and for the state of Utah have proposed certain redactions to the transcript. An attorney for the media coalition, which is good. We have our own media attorney Michael Judd urged the judge to let the news organizations weigh in on any future requests that would limit our access. And that's what they were fighting about. The defense also asked Judge Graff to ban cameras from the courtroom completely, citing a content tornado that could permanently devastate the jury pool. We have had jury pools overwhelmed with information about cases for years, ever since the dawn of Court TV and of O.J. simpson and so on. And we've managed it. Sometimes well, sometimes poorly, but we've managed it. There are ways of managing cameras in the courtroom. They were about to do this for Brian Kohlberger, who at that point was much more infamous than Tyler Robinson. And it was going to be managed with cameras in the courtroom, and it can be managed here as well. There are. Let's see. There was an issue yesterday because the media inadvertently showed Tyler Robinson's shackles. And there's a question about whether that's going to taint the jury pool. It's not. It's not. The media apologized for doing it. It was inadvertent.
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But.
Megyn Kelly
The jurors, the potential jurors understand that the defendant is perceived as a potentially dangerous human because he's on trial for assassinating someone. Let's not pretend the glimpse at his shackles changed anybody's mind whatsoever about Tyler Robinson. For what it's worth, Erica Kirk has made clear she wants cameras in this courtroom. She points out cameras captured her husband's murder and everyone has seen that video. And why, why would we not allow it here? There is a disturbing news item today out of kutv, which is the local CBS station in Salt Lake City, that we are possibly missing. Possibly the surveillance video of Tyler Robinson turning himself in. The media tried to get that video with a FOIA request. Again, this is public information and apparently they were told that it may not be available. Like the standard response from the sheriff's office was we do not have any records responsive to this portion of the request as Tyler Robinson did not go to or enter the jail area. They had asked for jail area or holding area video of Robinson when he'd turned himself in. That's what a records office with the sheriff's office told the media. Subpoenaing it or foyer ing it, I should say. A few weeks later, 2News Re upped the request in a more generalized fashion asking for surveillance video showing Tyler Robinson walking into Washington County Sheriff's office. Just walking in. And the response came. Our office does not have any applicable records responsive to this as surveillance video. As the surveillance footage is no longer available after the 30 day retention period that suggests it's been deleted. When asked if the video was shared with any law enforcement or legal agency, the department responded it is my understanding that it was never sent out to any agency. And that certainly makes it sound like they deleted this file if it ever existed. A defense attorney, criminal defense attorney GenericArt that 2News asked about this out in Utah, a guy by the name of Rudy Bautista, defense attorney of 26 years in Utah who works on capital cases, said for the stake of, for the state of Utah, we would certainly hope this video is available if in fact it's been destroyed and is not preserved. It's very concerning and if it has, then it's very concerning that they're telling you they don't have it. If they no longer have it. I would expect, I would have expected them to say that the video has been provided to the Utah county law enforcement, but Instead, the letter leads, in my opinion, as reads, I think he means as trying to shut the door and not give you free access to this information. Video of Robinson turning himself in, he adds, would be crucial for the defense work of mitigation. So we'll see whether that actually winds up surfacing. But I agree it's disturbing if it's been deleted. Another thing I wanted to tell you about the Daily Mail take it with a grain of salt, but they are reporting that they had a new A LIP reader go in and try to lip read Tyler Robinson's statements in court. This is pseudoscience, not actual science. We don't know whether these are actually what he was saying, but he was talking a lot to his defense lawyers and they report that he allegedly told his attorney, Katherine Nestor, quote, I think about the shooting daily, every morning, all the time, that he then said, so he had a wife in reference to Kirk's widow, Erica, that he then said, just smoking a lot, talking about himself, not sleeping at night. It's driving me mental, unfortunately. It's doing my head in. I'm not good for anything. He then allegedly said something about his mother, Amber, quote, my mother goes away to see friends, to be away from the media, which I think makes sense. He then allegedly said, what I would like to do is make it as easy as possible by answering all of their questions. So there is no comeback. That doesn't really make sense. So I'm not sure this is correct. But that for what it's worth, is what this lip reader, someone named Nicola Hickling who works, who runs, quote, lip Reader service that does this. I think that's the gist of it. Those are the highlights of what he actually said. As I pointed out, he was in the courtroom smiling. I certainly hope he doesn't have reason to smile. I certainly hope he's not banking on people being confused about the overwhelming mountain of evidence against him. Because let me tell you, those of us who are clear eyed on what is and is not admissible as proof, and that's really all we should be concerned with, see all evidence pointing directly to Tyler Robinson, all of it pointing directly to Tyler Robinson. My only question is who may have helped him and who may have known about it prior to his arrest. And I really hope that the prosecution has no problem making that case. Inside the courtroom, multiple law enforcement officers stood along the walls, more than are usually seen in a courtroom. Four of them wore camouflage, camouflage fatigues and SWAT gear. Reports KU local station talked about the fight to ban the cameras and so on the fight over the shackles. And the only issue that Judge Graph ruled on from the bench was clarifying his previous gag order, which restricts people involved in the case from making public statements outside the courtroom. They Write, while roughly 3,000 people witnessed the killing of Charlie Kirk, Judge Graff said the only laypeople under that gag are witnesses whom the prosecution or defense believes they will call to testify. And so that should excuse most of the people who witnessed Charlie's assassination, though not all. And only they know, only the ones who have been contacted by law enforcement as potential witnesses. In the case of, you know, if I had been interviewed by law enforcement at this point, whether they said you're going to be a witness or not, if I had been interviewed by them, I would understand myself as under the gag order, and that's to preserve the integrity of the trial. It really doesn't do the prosecution any good to have their witnesses out there talking. I mean, we've seen this. I'm not accusing anybody of having done this, but we've seen this in earlier cases, including O.J. where a critical witness who was going to be able to testify to seeing OJ Drive away from Bundy, where Nicole Brown Simpson was murdered, she testified she was ready to testify to seeing him drive away from the scene of the crime, had sold her story to the media between the crime and the date of trial, and she was rendered utterly useless to the prosecutor. She just looked like she's in it for money. And so the gag order for people who may actually be witnesses at trial does make some sense if you want to protect both the prosecution's right to a fair trial, although the right to a fair trial speaks chiefly to the defense and to the defendant's right to a fair trial. So if you've been interviewed by law enforcement or have reason to believe you're going to be called to trial, you really shouldn't be speaking to the media, which would encompass some public names who are now in the national debate, who are also under pressure to speak out, but know something in some cases that the rest of us don't know and are not free to fully talk about the events of that day. Please keep that in mind as you assess what's happening in this case. Look, Tyler Robinson did. This seems very clear to me. My only hope is that I can be there in the room when they flip the switch and take his life. I want him dead. I want the death penalty handed down against him and anyone who helped him. And I will be gleeful on the day it is carried out. I honestly don't. I don't know how that squares with my Catholic faith, to be honest. We're not real pro the state killing people or humans taking other humans lives, whether it's in the womb or in the course of a crime. But we are pro justice. And the Bible does say an eye for an eye. And there is no deterrence. I'm sorry. The deterrence, I do believe, requires the death penalty in the most heinous of cases. And I do believe it should be reserved for the most heinous of cases. And this is that. This is that Charlie was shot down in the prime of his life. He had so much yet to offer. He was a loving father of two. He and Erica adored one another, lived for one another. They had so much yet to do. She wanted four children. So did he. He desperately wanted four kids. They have two and will never have another. Everything he's been cheated out of everything. Those children were cheated out of every happiness. Erica has been cheated out of everything. The world, the country, a future president. We all believe that we've been cheated out of. He deserves to be put to death when he's convicted of this crime, which in my strong legal opinion, he should be. So that's where I am today. Being reminded of the depravity of this so called man. Evil. An evil, evil being. I don't want to use the word person. I don't understand this person. I don't understand the guy who shot up the Ascension School in Minneapolis, who was drawing pictures of demons and booked to me to have been possessed by one. I don't understand them. I just want them gone. I don't think the earth suffers when they're eliminated. I want it done legally. Don't get me wrong, I don't. I certainly don't want to see him assassinated in prison. I'm fine if that happens to Brian Kohlberger. For what it's worth, I don't know. This is my moral code. Is it fucked up? How do you feel about it? Do you share it? Like I'll. I'll pray for forgiveness if forgiveness is in order. But that's where I am today, reminded of the awfulness of what happened.
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Dave Smith
Before the.
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Megyn Kelly
Let's keep going because I do have a guest here with me today and I want to talk to him. He's been hasn't been on in a while. And I'm happy to welcome back standup comedian and commentator Dave Smith. He's hosted the show. Part of the problem. Dave, welcome back. Good to see you.
Dave Smith
Hey, Megan, thanks so much for having me.
Megyn Kelly
Oh, these legal cases are just, they're awful, you know, and you're reminded of what happened to Charlie on the day September 10th, and of just how traumatic it was, I don't think we've stopped reeling. I think for the past three months, the country writ large has still been reeling and conservatives have been reeling. And I think many of us who are right wing or associated with the right wing or just heterodox and are thinking, like, I know you are, have. Have not gotten over the additional threat to our safety and security as a result of all this. Where are you on it?
Dave Smith
Yeah, I mean, even as I'm sitting here listening to your opening, which I think was. Was spot on and very good, I just. It's all so surreal to me. Like, I just still can't believe where I have this thing, which I've had before when I've lost friends and family members, where I still find myself on some level going like, man, I can't wait to hear Charlie's take on all of this.
Megyn Kelly
Same.
Dave Smith
Which I don't know is like my own weird way of grappling with the inevitability or the permanence of death or something like that. But, you know, I. So I totally agree with everything you said there. You know, I would just, I would add that, look, the presumption of innocence isn't just a principle. It is the foundational principle of Western civilization. It's the. Without it, there is no liberty. Like you, you could write the most perfect constitution ever, but if the government can accuse you of something and you're presumed guilty, you have no, you don't have one inch of liberty. And so, of course, you know, and then, of course, it should also be added that we're all friends. We were all friends with Charlie, and so we. We would have to recuse ourselves. Right. Like, you know, you're more of a legal expert than me, but we would not. So. So, like, there's this tremendous emotion that is impossible to completely remove from us. And then, of course, now this is not a legal argument, but the crime of. Of murdering Charlie Kirk is so much more than just the crime of. Of murder. It's the highest profile political assassination of my lifetime. It is. It's like a crime against the country. It's a crime against our cohesion, a crime against domestic tranquility. And so. And I also think. I don't know if there's a legal way that that can be accounted for, but that's part of the reason why you absolutely, you need to have cameras. You need this to be the most transparent trial, because it's really, is almost in some Way like a matter of national security. And then, you know, I think your point is really well taken that, look, people jump to conclusions off of little things that seem odd to them. But like, even like you said, like the text messages. Yes, that seemed odd to me too. But it, it always to me seemed like the obvious answer was what you said it was like out of Breaking Bad, there's that scene where Walter White calls his wife in front of the cops and intentionally trying to get her off of the hook. Right. And so there's just. People connect dots sometimes when they shouldn't be connected. And of course, the, the. We're going to have to wait till this trial and before we get his defense and the prosecution's case. I would say though, that like the other factor here is just that, you know, this Justice Department lost all credibility over the Epstein thing.
Megyn Kelly
I know.
Dave Smith
There's just, you know, there's just like no way to undo that. I'm sorry, you're right. It's like, it's like catching your spouse cheating on you. That's it. Like you lost.
Megyn Kelly
The trust has not been rebuilt.
Dave Smith
I mean, what. The, the, the. I've never seen an issue mishandled more by any administration ever. I don't, I don't think Joe Biden's senality was handled worse than, than this. I mean, between Pam Bondi having that, that stunt where she gave all these right wing influencers the Epstein files, saying they're sitting on her desk turning around, then them trying to tell you it was a Democratic hoax and it never existed. Then Mike Johnson saying it's a threat to our entire political order if we release the files. Then Trump turning around and releasing the files that he just said didn't exist and were a Democratic hoax. And so after that were in. And this, this I think really is something like central to the state of where the United States of America is today. There is no more trust in institutions. And there are bad aspects to that, but also that distrust was earned by the institutions themselves.
Megyn Kelly
It's a very important point. I mean, just today and this week in the news, two of the biggest headlines are 10 children died immediately after getting the COVID vaccine, which we were told was safe for children. And many schools made mandatory after the FDA blessed it and pushed it. And now today there's additional news about the extent of myocarditis that this thing is causing in adults and causing adults to drop dead. Also now disclosed by an honest FDA under Martin Makary and Vinay Prasad, who was an early critic of not even critic, but just an honest broker about what was happening with the vax. All this was fucking suppressed. People are dying as a result. So you're totally right that the distrust in government agencies. Yes, goes well into public health and the DOJ and FBI even now. Because to your point, what was the first big action that we saw this DOJ do? It was the Epstein thing. It was Pam Bondi needing to see herself on tv, running around saying, the files on my desk. He was disgusting. Wait until you see all the videos. You know we're not going to use the actual videos, but let me, trust me. There have been tens of thousands of, of him with like child pornography and then, oh, there's nothing. And then no explanation. No, like mea culpa, no presser Dave, where like she fell on her sword and said, I misspoke. That was stupid. Let me tell you, everything we actually do have, it never happened. We were told to move on and it's been very tough. One silver lining, it's not the DOJ that's handling the Tyler Robinson criminal case. It's the Utah state authorities about whom we know very little. I have no reason to trust or distrust them. They haven't crossed me or the public in any way that comes to mind. So I'm open minded on how they'll do.
Dave Smith
Yeah, fair enough. I was, I was more just getting at, you know, like Cash Patel coming out and saying that we, you know, we, we recreated the letter that we found from him is just, I think like I'm in the camp with the American people where it's just like, I don't trust a word you say. That's where I'm at with this Justice Department. So I fair, fair point there. But I think that like, look, even with, say like to your point with the Epstein thing, I know, I was there. We didn't see each other. I think I was there the day after you, but at the Student Action Summit at Charlie Kirk's last huge event for the one where he was killed, where you said like someone was like, hey, if you had to guess, who would you say? And you went, well, Israel intelligence does seem to be the most. So, okay, everyone wants to jump on you for, for speculating about that. Even though you were acknowledging that you're speculating. We don't know for sure. Um, yeah, so, okay, fine. So what was the relationship between Ehud Barack and, and Jeffrey Epstein then? What's your explanation for it? Alternative people who are outraged. What? Well, why is it that I just, I just learned Sorry, go ahead.
Megyn Kelly
I was just gonna say maybe we should ask Benjamin Netanyahu, who. Who is now tweeting out articles saying Ehud Barak was. And Jeffrey Epstein were sharing intelligence that there was an intelligence sharing arrangement between them. So it's like, that's according to Netanyahu. But I was called an anti Semite, as I been countless times, for saying three times, yes, might have been Israel, could have been Israel. And honestly, like, what happened with you at that student action summit. You debated Josh Hammer. You were there having a debate with a. With a Zionist, with a big Israel defender. Like, that's what was happening. But of course, yes, that was evidence that you're not allowed to discuss. You can't have a debate. You can only have the one side. And you can't ever say that Epstein might have been Israeli intelligence, might have been American intelligence. This is an asset of some sort of. Because that's also anti Semitic. Allegedly.
Dave Smith
And again, it's back to the same point. Like, how many times have I caught you guys lying? Benjamin Netanyahu has been lying to me for my entire life, telling me that Iran is five years away from a nuclear weapon, trying to get my country into a war with Iran, which he kind of succeeded in. In this last year, at least a little one. It's like, I don't know. You guaranteed when you testified before Congress in 2002, your exact words were, I guarantee if you overth Saddam Hussein, positive reverberations will sweep the region. Like, you lie, slash, get everything wrong and then expect me to rely on your word and, you know, for. For whatever. Like, I know there's the. The spat between Erica Kirk and Candace Owens right now, and however anyone feels about any of that, you know, like, I was friends with Charlie. This is his widow. I'm friends with Candace Owens. It's kind of an awkward situation to be in. But one thing that you cannot take away from Candace Owens is. Is that what she did expose is that Josh Hammer and Bill Ackman and Benjamin Netanyahu lied through their teeth about Charlie Kirk in the immediate wake of his murder during an active murder investigation. Which, like, okay, you want to take any responsibility for. For why people might not believe. You know what I mean? Like, what. Like, what is that going to lead to? I mean, Josh Hammer. I mean, I just thought this was like.
Megyn Kelly
Are you talking about the. Like the. The attempted intervention that they did with Charlie prior to what exactly.
Dave Smith
What exactly happened in. In the Hamptons or what exactly the intervention was like? I don't know that. That's exactly been proven. But I do know, look, I, I met Josh Hammer. I debated him twice. I debated him at Princeton University once and then there. And I, I did think he was a real snake when I, we. We had like, a totally nice conversation backstage. Charlie had insisted over and over that this be like a good faith debate. Me and Josh talked for like a half hour backstage about, like, family and kids and all this stuff. And then he gets out there in his opening statement and he goes, I'm disgusted to be on this stage with Dave Smith right now.
Megyn Kelly
And I was like, I'm not surprised.
Dave Smith
Whoa.
Megyn Kelly
I'm not surprised. Can I tell you, I had Josh Hammer on this show repeatedly, many times. And you know, I'm pro Israel. Like, I've been defensive of Israel. Not exactly Israel, but like, of it's if it's right to defend itself. I haven't really been zeroing in on their tactics and all the news over the past two years. It's just not what our show does. But in general, supportive of Israel and definitely defensive of American Jews subjected to anti Semitism. And I had him on the show numerous times where we talked about those issues. I promoted his very crappy podcast for him many times. And then after, literally, I said nothing anti semitic, even, arguably anti Semitic, he was out. He was one of the first out there attacking me. Like, what the fuck? Like, I agree, a snake.
Dave Smith
But so, yeah, like, to me, that's snake behavior. Like, if I was going to go on stage and say, I'm disgusted to be on here with you, I guarantee you I'd have that energy in the green room with you, too. To me, like, just as a man, that's just how you conduct yourself. But agree, but my point is. So initially, Candace made the accusation that Jewish donors were pulling money from Charlie Kirk over platforming Tucker and you and me. And that Charlie was so mad that he was getting ready to turn on Israel. And Josh Hammer and Bill Ackman, they all came out, they said, that is an anti Semitic lie. And then the text message dropped. Like, I'm sorry, but you just. That is a. It is a crazy. And by the way, Josh Hammer, in every interview while he was saying that, just kept saying how much Charlie Kirk loved his book. It's like the weirdest thing to say about your friend right after they die. Like, imagine it was like, that was my. You know, Charlie always told me how great my podcast was, and you really got to listen to it.
Commercial Announcer
And you can.
Megyn Kelly
And then check it out and settle for more on Amazon. Dot com.
Dave Smith
Yeah, yeah. Like, I mean, and then Benjamin Netanyahu decides to read from this letter and quote only like three sentences where Charlie's talking about how much he loves Israel and he omits that the entire letter was Charlie going, we're getting killed out here. I don't have counter arguments to what these, this Hasbro stuff isn't working anymore. We're losing the entire young generation. Like, what a lie of omission that is. And so I just, like, I'm kind of just disgusted by all of that. I just, I can't imagine like a friend of yours who like just got publicly executed in the most horrific way. It's the biggest profile, the highest profile political assassination of our lifetime during an active murder investigation. You're just out there lying about this. I'm just, I was like blown away by that.
Megyn Kelly
It's, it's awful. I mean, I said this yesterday. I'll say it again today. I do have thoughts on what's happening now between Candace and Erica. And I will be sharing them very soon. And I have a very good reason for not sharing them yet, which will become very apparent to everybody when I do. But putting a pin in that for my audience and me. Okay, let's keep going because there are.
Dave Smith
You got me interested now.
Megyn Kelly
No, I'm not.
Dave Smith
Expectations.
Megyn Kelly
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Megyn Kelly
Hey everyone, it's me, Megyn Kelly. I've got some exciting news. I now have my very own channel on Siriusx and it's called the Megyn Kelly Channel. And it is where you will hear the truth unfiltered, with no agenda and no apologies. Along with the Megyn Kelly show, you're going to hear from people like Mark Halperin, link Lauren, Maureen Callahan, Emily jasinsky, Jesse Kelly, RealClear Politics, and many more. It's bold. No BS news only on the Megyn Kelly Channel, SiriusXM 111 and on the SiriusXM app. This just broke moments ago. Democrats on the House Oversight Committee have released photos from Jeffrey Epstein's estate. We're getting dribs and drabs of this and we had some pictures already and here's some. There are some that show Donald Trump, Bill Clinton, Steve Bannon, Bill Gates and others. None of the released images depicts any sexual misconduct. None is believed to depict underage girls. It was not immediately clear when or where they were taken or by whom. Okay, here's one. This image I haven't seen. I'm seeing it with you for the first time, shows what appears to be a bowl of novelty Condoms and a caricature of Trump's face. The bowl has a sign that reads Trump condom $4.50. Each condom bears an image of Trump's face with the text, I'm huge. Have no idea what the context of this is. It's just like being dropped out. Like, I guess, Trump trumping condoms. So it's interesting to the Dems. Another shows Trump with six women wearing Hawaiian leis whose faces have been redacted by the committee. Okay. No one's shocked to see Donald Trump with attractive young women. It's kind of been something he's done his whole life. Others include Steve Bannon and Epstein taking a photograph in a mirror. This, too is not a surprise. Surprise. Steve Bannon and Jeffrey Epstein were a lot closer than we knew. This show disclosed that weeks ago, months ago, a month ago, where we talked about the tapes we had heard in which Epstein was being coached by Melissa Rummler, the former Obama White House counsel, and Steve Bannon and how to handle his growing reputational and legal problems post the Miami Herald expose of him in 2018. Let's see Bill Clinton with Epstein and Maxwell and another couple, tech billionaire Bill Gates with the former Prince Andrew. Prince Andrew is like the Waldo of the Jeffrey Epstein world. Former Harvard president Larry Summers and lawyer Alan Dershowitz also appearing in pictures from the estate. Of course, we know that Alan represented Epstein, getting him that sweetheart deal. Last but not least, House Democrat oversight tweet. On the photos released breaking oversight, Dems received 95, 000 new photos from Epstein's estate. These disturbing images raise even more questions about Epstein and his relationships with some of the most powerful men in the world. Time to end this. White House. Cover the files. So what's your take on where we stand now and what's been released on Epstein? What's gonna be released? And even that law that Trump signed commanding the release has enough exceptions in it, Dave, to drive a U Haul truck through it.
Dave Smith
Well, look, it's just, it's one of these things where it's just on the face of it, it's too absurd. Like, you just can't look, I mean, they're saying, like, that the files have to be redacted for national security reasons. Mike Johnson is saying that it would threaten the entire political order if it was released. This is before they voted. He lost the vote and they, they. It was voted to release, like, what? Someone's got to explain that. And, and, you know, to the point that you were making before, one of the major things about, say, like, the, the Story about Moderna covering up that Alex Berenson broke about Moderna covering up one of the dead kids in their. In their, you know, trials. And the other 10 that that died, which was separate from that one, is that we all sit here and go, you lied through your teeth to us. You censored us when we tried to tell the truth, and no one's going to be held responsible for this. Similar thing in the Jeffrey Epstein thing, very similar thing, by the way, which just kind of seems to go unnoticed, that several months back, the Director of National Intelligence, in what I know there's a lot of crazy things that go on these days, but this seems like a pretty big deal to me. Buckle in, Megan. Pretty big deal that the Director of National Intelligence accused the former President Barack Obama of committing treason, says she has the proof and she's sending it over to the Justice Department. And when's that indictment comment? We all know it's not happening. We all know no one's getting held responsible for Russiagate or any of that. I mean, even. Not at all, like, you know, even the Comey case, which they totally seem to have mishandled, that he's not going to face any justice over all the crimes he committed. John Bolton may be actually caught with mishandling some classified information, but that's separate from the main cares that have been committed.
Megyn Kelly
No one cares about John Bolton.
Dave Smith
Right, right, right. It's just not like, are we ever, like, essentially when your whole central political promise was to drain the swamp, like, this is, you know, I've just never seen anything like this, like, where Donald Trump had so much momentum a year ago and seems to have squandered all of it at this point. And now we're worried about, like, the Dems charging back in with an even more radical socialist agenda. And so I guess, you know, I guess, like looking at these pictures, note, do they really reveal anything that we didn't kind of already know something really creepy was going on there. Donald Trump. Look, a lot of people, myself included, have a soft spot for Donald Trump because he came along as a wrecking ball. He came along as a giant middle finger to the DC elite who had done nothing short of destroy the United States of America. I mean, I don't know how else to say it, provide. They presided, excuse me, over the United States of America, the strongest, most powerful, most economically advanced country in the history of humankind. And they've left us with $38 trillion in debt, seven wars with just disastrous results. Nothing but millions of people slaughtered. A Debased currency, you know, just like, so much awful. And so he was the middle finger to them. But if we're really being honest with ourselves here, Donald Trump was always a seedy guy. And. And, like, you know, there's.
Megyn Kelly
There's. There's.
Dave Smith
He's cheating on his pregnant wife with porn stars, and he's on record. There's already a tape allegedly, reportedly. Yeah, yeah, sure, sure, fine. Sorry. You're the lawyer. You have to say. You're the reporter and the lawyer. I'm a comedian. I get to just talk. But, like, you know, at the same time, there's a videotape of him talking about how Jeffrey Epstein loves the women and he loves them really young. And also, there were just. Just with guys, as you know, Megan. Right. Like, with guys of that age, they did come up in a different time where, like, true. There was just a different attitude about very young girls. This. It's an uncomfortable topic because, like, in my generation, we're not like that. But, you know, I did grow up with songs like, you know, like, there's that. That song into the Night, which, by the way, is a great song. The first lyric of it is, she's just 15 years old. You know, I can't remember. Into the night.
Megyn Kelly
I know the one. I know it. Now that you're saying that. Yeah, yeah, yeah, yeah.
Dave Smith
But, like, the whole, like, it was. There was just a different.
Megyn Kelly
Steve Krakar says 16, FYI.
Dave Smith
Okay, that is much better than 15. I mean, not that it's that much better, but every year does make it better at that age.
Megyn Kelly
Oh, be careful. The Internet is going to call you a pedophile defender.
Dave Smith
No, no, no. I'm not saying 16 is okay. I'm saying 15 is much worse.
Megyn Kelly
No one ever has. Much worse, for the record.
Dave Smith
Yeah, yeah.
Megyn Kelly
No one on this set has said that either.
Dave Smith
No, right. I mean, but I'm just saying, like, they're actually, like, these guys come from a different time with a different attitude. We kind of all know there's something really disgusting going on here. But also beyond that, look, like, you mentioned Alan Dershowitz. Like, I've seen Alan Dershowitz make the defense before that. Hey, I was his lawyer. We have a legal system here, and everyone has the right to a defense attorney. Hey, I'm not going to argue with that. Right. That is how our system of justice works. But then you find, like, then there's the comment about, like, he kept his underwear on when he was getting massaged. Then just recently, we find out that, oh, you're actually working with Jeffrey Epstein to try to silence the Israel lobby from being published. Well, hey, that's not just being the guy's lawyer anymore. Now you're in a position where you're working with a guy who. You know what he's doing, and you're still choosing to work with him to try to do damage control on a story that's bad.
Megyn Kelly
I missed that. What year is. What year was that? What year does that happen?
Dave Smith
I'd have to double check what the year was. But I know that the only reason.
Megyn Kelly
I ask is Allen has said in his defense that he defended Jeffrey Epstein back in 2008 when he thought it was a much more limited field of crimes, and that he does have a policy of not defending, like, serial child abusers or sex abusers, and that his position is that he didn't know of that piece of Jeffrey Epstein back then. Forgive me if I haven't articulated it exactly right, but I remember.
Dave Smith
Yeah, maybe. Okay, so maybe he may be able. Because I'm just thinking of when the Israel lobby came out. I have to. That would have been like. I mean, it was after the war in Iraq, so it was in the. Is in the 21st century. I. It may be.
Megyn Kelly
Steve is telling me he said it happened in 2006, which would track. That he would.
Dave Smith
Okay, so that would put it right before there. Okay, fine, fine. So I'll. I'll retract that. But still, it does at least indicate that, like, it was a little bit more than just you being his lawyer here. So. Okay, fine.
Megyn Kelly
Well, we've seen Israel is the great uniter for certain people. And it's like all that matters in their interpretation of whether you're a good person or not is how you feel about Israel. That's like, it's kind of 100%.
Dave Smith
Well, 100%. I mean, I've. I've certainly found that, like, myself with a lot of these guys who, like, I was completely opposed to lockdowns and the vaccine mandates. I was completely opposed to us supporting the war in Ukraine. I was completely opposed to Joe Biden's open immigration. I'm opposed to big government. I believe in fiscal sanity. These guys all love that stuff, but it doesn't matter. They think I'm the devil because I'm critical of Israel and the US Relationship to Israel. And that. And this, by the way, is John Mearsheimer. And Waltz's whole point is that this is the Israel lobby. Like, the Israel lobby isn't just aipac. The Israel lobby is Bari Weiss and Ben Shapiro and Alan Dershowitz. It's very obvious. It's their number one issue that animates them the most. You are evil if you're not on the same page with them. As far as that's concerned. Ben Shapiro will, for all of his talk, he'll sit down with a progressive who believes is pro choice and believes in transing the kids or whatever. Maybe he'll even debate them. He's not sitting down with me. I'm beyond the pale. So, like, it's just like it's obvious to everyone at this point. And I think all those guys, I don't hate any of them. I think all those guys would be better suited to admit it. Just admit that this issue that animates.
Megyn Kelly
You the most, you're responding to the hatred you're feeling from them because you are an Israel critic. Like, they drop the anti Semitic word. It's very offensive. It's not apt. So it's a bastardization of the term which weakens it and winds up rendering it meaningless. Same as we saw the left do with racist and, you know, anti whatever, bigot, transphobe, that kind of thing. Ben and I have sat down. He's never called me those words. But the Israel, like lobby the loud Israel, pro Israel people on Twitter were quick to call me an anti Semite just for that Jeffrey Epstein comment. Like, literally, it was like the pro Israel coalition. I published it when it happened, called me an anti Semite and Charlie an anti Semite at the time. It was crazy. Mark Levin and so on. Anyway, enough about Israel. I'm sick of talking about them. Let's keep going. The, the lawfare. One of the other things that's fallen apart, and you mentioned it, you know, in passing, is the lawfare. So the James, Comey and the Tish James indictments have been dismissed because the judge found that Lindsey halligan, the acting U.S. attorney for the Eastern District of Virginia, was not properly appointed. They're having a legal debate about that. They're appealing that ruling, but in the meantime they have to seek a re indictment of each. Now, Comey, there's an argument that the statute of limitations has expired. I think they're fine, actually, I think it hasn't. But okay, we're going to see that litigated. But Tish James is well within the statute of limitations, should definitely be re indicted. Like, I don't care that it was a small number on the mortgage fraud. To me, it's very clear she committed it. And now we get the news this week, not one, but two grand juries in the Commonwealth of Virginia, first in Norfolk, and now this week in Alexandria, which is a blue town. So I'm not sure how we're picking these towns or whether they feel like they have to choose one or the other because nothing else makes sense. Virginia does have some red counties. Has refused to indict her, Dave, which is so effed up because honestly, if you look at what she did, her tax documents completely contradict her mortgage application documents on the use that she says she's going to make of this house. She said one thing to the mortgage company and she said the diametrically opposed thing to the tax. Well, to the irs, because she wanted a tax break on the house. And then there's a text from her saying just this year, right before Trump got elected, I better stop claiming it the way I'm claiming it with the irs. It looks bad, it looks suspicious. And yet that Trump cannot get a re indictment of this woman because this is just part of the legal challenge that he's facing. Because these grand jurors won't indict her. They've heard her taint that jury pool enough times and the left taint that jury pool enough times. This as he can't get his chosen U.S. attorney Lindsey Halligan confirmed because she's in a blue state, neither of those blue state senators will approve her. This is like a Senate practice. It's not a law that you have to get the Blessing of the two state senators, you know, U.S. senators from that state, they won't bless her. So, like, he can't get the U.S. attorneys he wants, he can't get the judges through that he wants. And then he can't get grand jurors to indict what honestly is a clear cut case of mortgage fraud, in my view, because they're politicized too. This is part of what he's up against.
Dave Smith
Yeah. And like, do we have any doubt that if me or you did the exact same thing, that we wouldn't be indicted for it if they had text of me? Yeah, like, and so again, that's the whole thing here. It's like the American system has, like, been perverted by, by of course, deviating from what true Americanism was supposed to be, which is essentially the Declaration of Independence and the Bill of Rights. But now it's been perverted into this place where we really live under a system of anarcho tyranny, which was a term I believe Sam Francis coined. But I really do think it perfectly describes it. Where it is kind of. It's like the top and the bottom against the middle. The middle live under tyranny. The top and the bottom have. Have essentially anarchy, right? Like there are. You could. So in other words, if I'm. If I. If I open a business and I don't follow one regulation to a T, they will crush me. They will crush my business. I will deal with fines. I will deal with all. You know what I mean? Like, all types. If I don't. Even if you, in many states, if you just defend your business from, like, a homeless junkie coming into it, they will throw the book at you. That homeless junkie can go lay down on the street. No one's ever going to touch him. That's at the bottom, right? At the top. You can start a war based off lies, never face any repercussions from that. You can institute torture. You can kill American citizens without charges. You can, you know, lie the country into war. Undeclared wars, illegal wars, doesn't matter. Nothing will happen to you. You can frame the sitting president for treason in a coordinated way. Nobody will ever go to jail for that. Nobody will ever get prosecuted. And then even financially, right, we have a giant welfare state for people at the bottom of our society and a giant welfare state for people at the top of our society. What is Nancy Pelosi's insider trading? That's welfare. Or all these government programs for billionaires. That's nothing but welfare. Banker bailouts, corporate bailouts. But the guy making 400 grand a year has to pay, like 220 grand a year in taxes. You know, the person making like, 150 grand a year just gets slammed because they got to pay for the welfare for the poor people and the welfare for the rich people.
Megyn Kelly
And they do pay it.
Commercial Announcer
That's.
Megyn Kelly
Yeah. And then the super rich aren't paying these taxes. Like, I've told the story before. It came out that Trump paid zero taxes at one point, when we finally got a hold of some of his tax returns, and he said, that makes me smart. And, you know, you can't argue with it. If you could get away with it, I think we'd all pay zero in taxes. But he's not alone. I know another real estate baron in New York who has never paid tax. Never. Especially in real estate. You can, like, declare enough losses that it makes it look like you didn't have any earnings. But you're exactly right. The working stiff who's earning 400 grand a year, which already gets cut, you know, 50% plus, if you live in New York City, he's got to pay it all. He doesn't have the clever ways of hiding his income. And it all goes to fund these groups. You're 100% right.
Dave Smith
Yeah, it's just, it's such an outrage and it's so unsustainable. And you know, really, I would say this is the core of the whole thing. Right? Is that. And this is, it's so interesting to me because now Democrats, their new thing that they've found, which does seem to be working in terms of getting elected for them, at least in this last election, they all ran on unaffordability. Like that's the big thing, which I just love this word unaffordability. I would love the opportunity to just like interview mom Donnie and just ask what unaffordability means. What does that mean? Why, why are things unaffordable? Like what? You know, it's like you look, how.
Megyn Kelly
Do we get here?
Dave Smith
Well, okay, so between. And I don't have these exact numbers in my head. So anyway, you could go look this up though. But it's like between say from 2008, Barack Obama comes in after the financial recession up until. So Obama threw Trump Biden back to Trump. We've printed something like 50% of the money that's ever existed in the world. Like it's just like trillions and trillions and trillions, trillions of dollars injected into the economy. And then we look up and the price of everything is unaffordable. Well, geez, Meghan, might that have something to do? Like, so anyway, economists already have terms for this. It's called currency debasement and price inflation. And the core of the problem here is that we have a government that we cannot even come close to affording. We don't have the money for all of this. We don't have the money to be the world empire. We don't have the money for these giant entitlement programs. We don't. At this point, one of the biggest line items in the budget is interest on the debt because we couldn't afford this size of government back then. And so we can't tax the people enough, we can't borrow enough, and so our only option is to print the money. And now that leads to an unaffordability crisis where every 20 year old is coming into a world where they're 100 grand in debt from college, they work at doordash, and the average house is going for 600 grand a year. It's an unsustainable system. And the thing that's so criminal about it is that it punishes people for doing the right thing thing and rewards everybody who does the evil thing.
Megyn Kelly
And there's no party objecting to it. We used to have Republicans toeing the line on, you know, budget constraints and not overspending. They've completely abandoned that definitely under Trump 1 and 2. And there's no party now. There's like, there's a few Republicans who are still like, no, we can't afford it. But they're in the minority now. And by the way, we just shifted the analysis during those years to say, oh, actually, it doesn't matter. We, we've changed all of our analysis. It doesn't matter. If you just print the money and overspend, there'll be no consequences to it. It's like modern monetary theory and we're reaping what we sow. All right, wait. I have to end on a positive note. I do. I have some good news for all of us, which is about Ilhan Omar. It starts bad, but then it gets good. She married her brother allegedly, so that he could get into the country and be here. Like an immigration matter. Trump keeps saying that, that she married her brother so she could get in. That's not it. It's. She was already in. She was brought in by her dad when she was young, under 18. But she did reportedly allegedly marry her own brother so that he could come into the country and then divorced him and got remarried to her own ex husband, I think is how it went. Because this is all a fraud to get her brother here now. Now, Legal Insurrection, which is a great website, tells me the statute of limitations has run on that claim, that immigration fraud claim with the brother, if indeed it happened, however, because Tom Homan was on Fox saying that they're looking into this brother thing with Ilhan Omar. That's the best news we've heard. I'm thrilled that DHS is actually looking into it. So if the statute of limitations has run on the brother situation, still, it should be exposed and documented. There is the possibility that she's still in trouble because now they think, okay, let me just read the following. And they're citing this. Matt Tardio on X. Ilhan Omar claims that she obtained her citizenship when her father was naturalized in 2000, just months before her 18th birthday. But there's a problem. No record has been found of his naturalization paperwork in response to a FOIA request for her father's N400 paperwork filed by AJ Kern in June of 2023. The National Records center was unable to locate any filings under his name. Question, can she be denaturalized and deported if this is substantiated? Answer, yes. If fraud was involved in her father's alleged naturalization, then her citizenship could be on the chopping block because that would be immigration fraud by the dad that would affect her and that would be a political earthquake. Dave Smith. That if she, if she's not a U.S. citizen, she can't be a U.S. house member and she could be deported. I mean like, I just want to give you that little nugget going off into the weekend.
Dave Smith
It might, it might be evil how excited that prospect makes me, but that really would be something. I mean, geez, what a weird story. Yeah, well, look, I mean there's no self respecting country can put up with people. And don't get me wrong, I could make out, you know, we've been bombing Somalia for 20 years and hundreds, thousands of people have died in that country and lots of people have fleet over, you know, like us actually like, I'm not trying to sound like a lefty here, I'm just a constitutionalist Ron Paul type guy who's like we shouldn't have been doing that. But no country, yes, but no self respecting country can have a system where anyone from the world can come in and then immediately start lecturing us about how our society is wrong and needs to be overhauled. I just, it's so outrageous like to not have a li. Like I try to imagine like if everything fell to pieces here and my, I thought my only chance for survival was for, for my wife and kids was if I could go to Japan and then Japan let us in. And then I immediately started telling Japan how racist they are and awful they are and how their whole system needs to be overthrow throne. It's just, it's intolerable. And so I do I root for this to happen.
Megyn Kelly
It's rude. Think about it. I always think about it like in terms of a dinner party. If somebody came over to your house for a dinner party and immediately started ripping on how you decorated your place, on the food that you served, the wine that you offered, you'd never invite them back again. You'd want them out that minute. And this is kind of like that. By the way, to end on a funny note, I once heard a very funny story about Peter Jennings, you know, storied news anchor of ABC all those years. And I've heard it directly from somebody who was with him when it happened. They were apparently he was, like, notorious for being a rude dinner guest. And it was post a dinner party. He was still at the host's house, and the good natured attendees were helping the host, like, wash a couple of dishes and just clean up from the table. And I guess they were all standing around and he was one of them. And they said something like, did you enjoy yourself? And he was like, oh, yeah, Lovely party, Lovely party. The wine you served was just awful. Like, who does that? Who behaves that way? Dave Smith. He lived up to his reputation. Apparently behind the scenes, he was a very rude prick and not someone you'd want over for dinner. Keep it to yourself.
Dave Smith
He was a real Ilhan Omar of his time.
Megyn Kelly
In any event, I would keep it to myself. But then I'm not a wine tool. That's what Doug and I call the people who are over the top on their wine. We're not wine tools. We usually like pretty much anything you put in front of us. I started off honestly on the Franzia box wine back in my early lawyer days. It was delicious. Can I tell you, I. I would take a glass of that, happily to this day, because I don't have a sophisticated palette. And that is a good thing, not a bad thing. Give you the last word.
Dave Smith
I agree with you. Sometimes making money and getting sophisticated stuff just ruins you for being able to enjoy what you used to be able to enjoy. I've become a bourbon snob, and it's nothing but a burden on my life.
Megyn Kelly
Well, let me put it to you this way. You're at a party, they're passing mixed hors d'. Oeuvres. One is caviar, one is pigs in a blanket. Which one do you go for, Megan?
Dave Smith
That was a great example. Pigs in a blanket all day.
Commercial Narrator 2
Come on.
Dave Smith
A little bit of mustard.
Megyn Kelly
Yes, A little like the Dijon mustard. You know, yellow is fine too, but, like, top notch would be Dijon. Yes, the common man roots. That's what makes everybody happy. No one dislikes a Kraft Mac and cheese. These are the things that bring us together in these special holiday moments. Dave Smith, a pleasure. Thanks so much for being here now.
Dave Smith
Thank you so much, Megan. And as I've told you privately, I just. I really, really appreciate you just being a voice of reason and being fair throughout kind of this whole last year of craziness. So it was really a pleasure to talk with you.
Megyn Kelly
Thank you. I really appreciate it. And we'll talk again soon. All right, Lots of love. We gotta go because we're actually catching a train to D.C. and I'll fill you in on what that's all about on Monday. Have a great weekend and we'll see you then. Thanks for listening to the Megyn Kelly Show. No bs, no agenda, and no fear. You know, the holidays are always full of surprises. Here's one when it comes to religious freedom, you might be surprised to learn which states rank low on the Religious Liberty in the States Index. The First Liberty Institute, the nation's leading law firm protecting religious freedom, just released this index and it ranks all 50 states on how well they protect your right to live out your faith. The results? Full of surprises. If you have not heard of First Liberty, they're different. They've been on the front lines defending religious freedom for nearly 30 years. When your faith comes under attack, they are first in the fight and they do it without ever sending their clients a bill. That's right, they do not charge a dime. They have a win rate of over 90% on their cases, including a 90 record at the US Supreme Court. This Religious Liberty in the States index is an independent, peer reviewed study that gives you the real picture of religious liberty across America. Want to see where your state ranks or others do? Get your free copy today@first liberty.org Megan that's first liberty.org M E G Y N.
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Megyn Kelly
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Megyn Kelly
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Megyn Kelly
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Date: December 12, 2025
Host: Megyn Kelly (SiriusXM 111)
Guest: Dave Smith (comedian, commentator, host of "Part of the Problem")
This episode is split into two main segments:
The tone is candid, impassioned, and often combative, as both Kelly and Smith reflect on current events, the justice system, and the cultural moment.
“Stop requesting or requiring the FBI or the DOJ to update its evidence for you. You're not the target audience. They're trying to preserve the integrity of this case for when they get it in front of a jury, who are the only people who matter.” – Megyn Kelly (05:24)
“He deserves to be put to death when he's convicted of this crime, which in my strong legal opinion, he should be. … The world, the country, a future president. We all believe that we've been cheated out of.” – Megyn Kelly (21:09)
“The presumption of innocence isn’t just a principle. It is the foundational principle of Western civilization. Without it, there is no liberty.” – Dave Smith (26:18)
“Ben Shapiro will... sit down with a progressive who believes in transing the kids … He’s not sitting down with me. I’m beyond the pale. So, like, it's obvious. ... You are evil if you’re not on the same page with them as far as [Israel] is concerned.” – Dave Smith (51:09)
“You can frame the sitting president for treason ... nobody will ever go to jail for that. And then even financially ... the top and the bottom have a giant welfare state. ... But the guy making 400 grand a year has to pay, like, 220 grand a year in taxes...” – Dave Smith (56:27)
| Quote | Speaker | Timestamp | |---|---|---| | “Stop requesting or requiring the FBI or the DOJ to update its evidence for you. You're not the target audience...” | Megyn Kelly | 05:24 | | “He deserves to be put to death when he's convicted of this crime, which in my strong legal opinion, he should be.” | Megyn Kelly | 21:09 | | “The presumption of innocence isn’t just a principle. It is the foundational principle of Western civilization.” | Dave Smith | 26:18 | | “This DOJ lost all credibility over the Epstein thing. ... That’s it. The trust has not been rebuilt.” | Dave Smith | 28:17 | | “Josh Hammer ... snake behavior. ... He gets out there in his opening statement and he goes, ‘I'm disgusted to be on this stage with Dave Smith right now.’” | Dave Smith | 35:08 | | “You can frame the sitting president for treason ... nobody will ever go to jail for that.” | Dave Smith | 56:27 | | “No self-respecting country can have a system where anyone ... can come in and then immediately start lecturing us about how our society is wrong.” | Dave Smith | 63:14 |
This episode is a dense, emotionally charged blend of legal analysis, cultural critique, and political skepticism. Megyn Kelly anchors the episode with a passionate update on the Kirk assassination case, fiercely defending due process while expressing moral outrage. Dave Smith’s guest appearance expands the lens, diagnosing a collapse in trust toward American institutions—government, media, public health, and the justice system—and connects elite impunity from the Epstein saga to present-day legal battles.
The conversation is punctuated by sharp criticism of colleagues and political figures, candid admissions of loss and anger, meditations on justice and the rule of law, and, in closing, an attempt at levity over food and wine choices. Listeners are left with a sense of deep skepticism, loss, and frustrated hope for accountability—but also moments of humor and camaraderie.
Note: This summary omits ad breaks and non-content commentary per instructions.