Arthur Aidala

I don't think they're going to get out. I don't think this is going to happen. I don't think anybody was that impressed with Gascon's position. I wonder if people are thinking at all about the fact that there are others in prison serving a sentence of life without, which is what they're serving. That means life without the possibility of parole, who are much less culpable.

I have clients that are serving life without parole right now who never killed anyone. The defense is not, oh, daddy boinked me and mommy wouldn't stop him so I get to kill him. It wasn't that. The defense was, you know, daddy threatened to kill me. I believe he was going to kill me, even if you think I'm unreasonable in thinking that.

I genuinely believe it because of things he said and did toward the end. That was their defense. You have a greater awareness of abuse, child abuse, and the kind of trauma it inflicts. And we are, I think, are more sensitive to that. And that's a good thing. But you have to remember that that's not a license to kill.

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. Later, we've got Tim Dillon here with me in studio. I cannot wait to see him. You know this guy, he's brilliant. He is so funny and clever. He came on, I looked it up, it was like episode 50.

Yeah, you can't claim self-defense. That's exactly right. If you started it and the other guy is like, OK, let's go, then you can't say I had to do it to protect myself. Here is Tim Pool. He's a podcaster, Arthur. He was on his show talking about this. And I'd love to get your reaction to what he says here. Watch.

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That's a ground ball. I mean, that's a law school where you can't. So, sorry, you have to get punched in the face. You're not allowed to execute someone with a gun who's going to punch you in the nose. And just the way the law is, I believe, in all 50 states. You just said it, Megan. It's a proportionality. Let me just tell you how this case is going to get handled in Texas with this 17-year-old.

Oh, it should get. And this is the reality. And Marco, back me up. Guy Glash is going to get hired. He's going to get some kind of a child psychologist or child psychiatrist. They're going to do a whole buildup of this kid, who he is, where he's from, the defendant I'm talking about, who he is, where he's from, what his background is, any kind of mitigation whatsoever.

And then you're going to go in and you're going to sit down with one of the lead prosecutors of the Homicide Bureau in that jurisdiction. And you're going to be like, look,

You and I know that based on the witnesses, based on the evidence that we have, yes, there's a possibility I could go in front of a jury with a straight face and say self-defense, but that's too big of a risk for a 17-year-old kid who might spend the rest of his life in jail. We're not minimizing the loss of life of another 17-year-old, but let's not try to have too...

absolute complete tragedies. And let's talk about a number, a real number where the kid's going to spend a lot of time in jail, but not the rest of his life in jail, which would probably be the case if he goes to trial and loses and you sit down and two qualified lawyers, very experienced lawyers with the approval of the judge, work out some sort of plea bargain. This is not from what we know.

That makes perfect sense.

Not a trial.

But there's a lot there's a lot behind these two sides right now. They've people are lining up on, on both sides of this case. The go fund me's for each guy are almost exactly the same amount.

Let's call it 325,000 that people have donated to both because people defending Carmelo Anthony think that this was self-defense and he's getting railroaded potentially because he's black and people on the Metcalf family side say, this is outrageous at worst. If you take all the allegations about Austin Metcalf, as true.

At worst, what he did was put his hands on a guy who refused to leave a section that he wasn't seated in and put his hands on him at the guy's invitation to say, try to make me. And you don't get a knife in the heart for that. I'll read you the law. on self-defense in Texas.

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A person is justified in using deadly force against another when and to the degree the actor reasonably believes the deadly force is immediately necessary, A, to protect the actor against the other's use or attempted use of... unlawful, deadly force. So it's not any kind of force or bodily harm.

It's you have to reasonably think that you need to immediately use deadly force to prevent unlawful, deadly force against you or, and here, okay, let's see, maybe Carmelo Anthony has something under the orb clause. to prevent the others, imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Not even aggravated assault is listed there.

And Megan, in terms of the GoFundMe stuff, the biggest joke about the GoFundMe stuff has got to do with that kid, Luigi Mangione, who executed the executive. And the women are sending him letters. People are saying, oh, he's got a chance at trial. People are into him. Yeah.

Wait until those 12 jurors see the deceased wife on the witness stand who has to identify the body and talk about how her kids missed their father. And they watch that video of him executing him, the shooting over and over and over again. Stop it. It's not going to happen.

Yeah, we're just not going to get to that. And I just said we're not going to get to the point in this country where what's foreseeable is a knife to the heart amongst 17-year-old boys who are scuffling, even arguing impolitely. I don't know exactly what happened. We'll find out over a seat at a track meet. Like, that's just...

No one is going to interpret the law to say it was it was a reasonable response because that's what self-defense is trying to factor in. Was your response reasonable under the circumstances? You know, Texas has got the castle doctrine where you don't you don't have to retreat. Somebody comes into your home, you got your gun, you can shoot him.

So this isn't that this is not that this kid got asked a question, you know, please leave or told to leave. And he started to threaten, make me. And Austin allegedly put hands on him and he stabbed him through the heart. In no world is that going to qualify as self-defense. I'll let Andrew Branca. He's been on the show many times in connection with the Kyle Rittenhouse case.

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He's got a whole blog called Law of Self-Defense. He's very pro Second Amendment. He took a look at the police report. Here's what he said.

This is what you were saying, Mark, because the second part of that statute that I read that speaks to deadly force and defensive person reads, uh, the actor's belief, you know, that you're about to face deadly bodily harm, deadly bodily harm. Um,

that the belief that the deadly force was immediately necessary as described above is presumed to be reasonable if the actor did not provoke the person against whom the force was used. So that provocation, he's saying, he's saying, make me, you know, make me,

Well, not only that, but unfortunately, the Internet has done its thing, and they have tried to paint the victim here, Austin Metcalf, as a white supremacist for which there is zero support. It's ridiculous. There's circulating pictures of Austin and his twin brother wearing camouflage and holding guns, like going out hunting, juxtaposed with Anthony in a suit, and this very popular...

guy on X calls him a suspected white supremacist, a suspected white supremacist. No, I mean, honestly, you could get sued for this, sir. Like you seriously could get sued. And by the way. there are lots of pictures of Carmelo Anthony holding a gun and holding up the middle finger and trying to look like a thug on the internet too.

But this is what the prosecutor is going to have to deal with too, when he's trying to pick a jury, right? Have you seen these posts suggesting that the decedent is some sort of a white supremacist? It's a lie, but it's out there.

Yeah. And by the way, I mean, just for the record, even if you were a white supremacist, again, zero, zero, zero evidence to that effect that you still can't stick a knife in his heart. You still can't.

Guys, welcome back.

I love speaking to Mark. I love speaking to Mark. It's like my favorite thing to do, Megyn Kelly.

Like, right. And it would actually probably it would be irrelevant. It wouldn't come out. It's not relevant to the case. I mean, unless someone said he threw out a racial slur or something like that, that that would be different. But I would argue as a defense attorney, how is that relevant if he's Catholic, if he's Jewish, if he's a white supremacist or if he's part of Black Lives Matter?

It doesn't matter. That's not part of this case.

Unless you throw white supremacists on the list of being Catholic or Jewish. What?

Well, I mean, none of that. None of that stuff comes in.

But I'm just saying it's not like an acceptable religious choice right after Catholicism and Judaism.

OK, Meg, give me a break. I'm over here. I'm in trial prep. I'm doing the best I can under the circumstances.

I'm very defensive of my Catholic faith right now because my kids are about to be confirmed. So I've been going to the retreats. I'm at my most holy, except for my life.

Well, if you notice, if you notice Iglosia's outfit, he's got the pink and the purple. I mean, he is ready to walk out in the Easter parade here in Fifth Avenue.

Same. Same with me and Arthur.

I love talking to him. Yeah, sure. Why not?

We just did a fact check on that on the AM update on egg prices for those of you interested. Okay, let's move on. So Brian Kohlberger, this trial's going to go down in August. It's happening for real. And... You've got Judge Hippler, hip, hip, with a P, double P-ler. It's so close. The new judge and the defense attorney, Ann Taylor, yes, that's her name, is now maneuvering to...

suggest a trial that there were two assailants who killed these four Idaho college students within the course of what we believe is 12 to 17 minutes, 22 at the outside, but, but more like 12 minutes that, that two men went into that Idaho house that night and killed Kaylee Gonsalves and Maddie Mogan and Ethan Chapin and Zanna Kernodle. Um,

OK, so let's start. There's a lot of places we can start. Why? Well, why don't we just kick it off with this since our pal Arthur over here is going back to court. For Harvey Weinstein, who thanks to Arthur, we talk about this, you know, when he did it, has a new trial in New York on these criminal allegations against him that he's a sexual pervert.

Not Brian Kohlberger, who was a student at University of Washington and a TA getting his Ph.D. in criminology. Here's a little bit of Ann Taylor talking about the expert witness she's going to put on to that effect or wants to put on.

And she goes on to say we came across a tip that would appear to be an alternate suspect. We're trying to work through that as rapidly as we can. And Judge Hipler said he would set a May deadline for the defense to present evidence of an alternate suspect. So why are they doing that? Why is she showing them?

You know, whenever I'm on a Michael Connelly tear right now reading all his legal thrillers, what? The defense, aren't they supposed to surprise the prosecution with something like this? What I like, you have to disclose every card you're going to play at trial.

Sometimes you do, Megan. I mean, when it comes to experts, especially when it comes to experts, in New York, there's a very strict requirement because you play the game of the experts. You've got to let them know who your expert is and give them an offer of proof, basically, about what they're going to testify. And then they get to go get their own expert to contradict what your expert is saying.

I mean, it usually doesn't hold true for private investigators. But if you're introducing a whole new theory to the case, You may not be obligated under the law to do that, but a judge usually doesn't like to get caught by surprise.

So I don't know if that particular jurisdiction... I can tell you, for an alibi witness, if you're in New York, if you're saying, my guy wasn't at the scene, he was in Rhode Island at the time that it took place. Which he is. There's a certain amount of time where you have to say, my client was not there and they were elsewhere. She did that.

She alleged he was out stargazing that night. It was just a lovely night for stargazing, and that was their, quote, alibi. Here's the other point in this case, Mark. The defense moved to bar the prosecution from using the terms psychopath and sociopath before the jurors. They actually also didn't want the prosecution to use the term murderer there.

The judge left open the possibility that the prosecution could use the word murderer during closing arguments, but I think is still considering on psychopath or sociopath. But what kind of motion is this? Since when can the prosecution not say he's a murderer? That's what we're all doing here.

And Arthur represented him in the trial, but he got convicted. But then Arthur got the conviction thrown out because they let everybody and her mother take the stand, even people who weren't plaintiffs or victims alleged in the case. And the Court of Appeals of New York State said you can't do that. That wasn't fair to Mr. Weinstein.

Right. It was one of the greatest legal thrillers ever. You guys remember that movie? So good. If the listening audience hasn't seen it with Glenn Close. Right. And Jeff Bridges. So good. And in the closing argument, and I won't get into exactly. All of it. But in the closing argument, there's that great lawyer. And he said something to the effect of he's a sociopath. He is an ice man.

I was like, oh, right. So, like, I think that's how it went down. I might even saying it out of court. But my point is simply prosecutors make these arguments. I would be happy. He's a sociopath. He went into that house and took the lies of four. Why couldn't you argue that?

Well, first of all, the judge has ruled in this case that it will give them leeway in their closing arguments. But that's prejudicial and conclusory statements by the prosecutor. It's the jury's job to determine whether he's a murderer. Like in the Harvey Weinstein case, I'm objecting to them calling these women victims.

Both of you people.

You got to be able to, I totally disagree. You can argue the same. You can say he is a sociopath. He has no feelings about taking the lives of others.

Hold on, hold on. The judge ruled properly here. A prosecutor should not call a defendant a sociopath. That's almost reversible error. You're testifying.

I really disagree. I think if you can prove that this guy took the lives of four college students in 12 minutes single-handedly with a serrated edge knife and then walked out and went home and took a selfie of himself with his little white shirt on and a thumbs up, it's fair to say- He's a murderer. He's a sociopath.

You went too native on the defense attorney years. Okay, let's move on. I actually don't know. You're probably right, but I think it's stupid.

We definitely don't want that. OK, now this might be my favorite one of the day. The Blake Lively story. This is so interesting to me. So as the audience knows, there's this. death match going on between Blake Lively and Justin Baldoni, with whom she made the movie It Ends With Us, a film about domestic abuse. She tried to claim that he sexually harassed her on set.

So now he's back in court and the jury selection begins on Tuesday.

He hired my lawyer, Brian Friedman, from my dispute with NBC and fought back. Like, fiercely saying, I never harassed her a single day. She's a psychopath and she's made this stuff up. She's making this stuff up because she wanted to wrest control of the movie away from me. And I, I let her to a large extent, but not to the extent she wanted.

And ultimately she did get control of the movie and then tried to ruin my life. So that's kind of where it is. cross suits. Uh, he sued the New York times for defamation too, because they wrote a very sympathetic article about her and what a victim she is. Well, one of her allegations was that, well, let me show you the scene. We cut it. Um, part of it.

Yeah, jury selection begins on Tuesday. And Megan, that's honestly, that's the biggest hurdle here. It's, you know, 90% of the cases, 99% of the cases Mark and I are involved with, you know, you walk into a courtroom and jurors don't know who the defendant is. They don't know what the charges are. You have a cleaning slate. So at least you have a shot.

It's where her character gives birth in the movie. It ends with us. Now He comes in, he's holding her hand. She's acting like a pregnant lady delivering a baby. Except she's smiling, which isn't realistic.

That's not how my wife acted. I was going to say, Marion did not look that way, Megan. Marion did not look that way.

I was called stupid. I was called a very stupid man.

Oh, there we go. He's cutting the umbilical cord. Okay. But for about two seconds, there's a doctor down, you know, uh, what comedian was it? Johnny bench, like Johnny bench in between the legs, getting ready to catch the baby. Was it Bill Cosby? Who was it? Who did that bit anyway? Uh, so her complaint is,

alleges that that was one of the moments in which she got harassed because she says she was... Here, I'll read you from the lawsuit. On the day of shooting that scene, Mr. Baldoni and his business partner, Mr. Heath, suddenly pressured Ms. Lively to simulate full nudity, despite no mention of nudity for this scene in the script, in her contract, or previous discussions.

Claimed that Baldoni insisted that women do give birth naked... I mean, do they, other than like a water birth, like what woman is like, yeah, take it off, take it all off. No, that's not what happened. You got your gown and the gown, they hike it up, but you got a little something on. Okay.

Anyway, he insisted that women give birth naked to which she disagreed, but felt forced into a compromise that she would be naked from below the chest. When the birth scene was filmed, the set was chaotic, crowded, she says, and utterly lacking in standard industry protections for filming nude scenes. Uh, Baldoni failed to close the set, allowing non-essential crew to pass through while Ms.

Lively was partially nude from below the chest down with her legs spread, spread wide in stirrups and only a small piece of fabric covering her genitalia. Ms. Lively was not provided with anything with which to cover herself between takes until after she had made multiple requests. She became even more alarmed when Baldoni introduced his quote, best friend to play the

claimed typically a small role of this nature would be filled by a local actor. She felt the selection of Baldoni's friend for this intimate role, in which the actor's face and hands were in close proximity to her nearly nude genitals for a birth scene, was invasive and humiliating.

the jury reaching a verdict based on the evidence they hear in court. Here, the huge hurdle we have is, God forbid, they base the evidence on what they see on TMZ or People magazine or something along those lines. So the jury selection part is going to be tedious because we're going to ask, okay, Can we have a raise of hands? Who knows who this is? Okay, fine.

However, guys, as you know, because you prepared for today, that actor, Adam Monshine, has now spoken out and he's got a bone to pick with Blake Lively's description of what happened on that set. Arthur, you want to take it from there?

Well, first of all, the actor, he's the one who's like the very Shakespearean trained actor. I mean, he basically says that's not what happened. And it was very professional. The scene was very professional. And like nothing was untoward. And it was a big nothing burger. And they're making this.

And she was clothed. He says she was wearing clothing. He said she her costume included a full hospital gown, black shorts and torso covering prosthetic to make her appear pregnant in addition to whatever personal garments she chose.

Yeah, so it's not too good when you have the guy who was there saying, this is not the truth. And he's, I think a big point though, he's a legitimate actor. I forget his name, but it begins with an M, who's saying it. It's like, he's a legitimate guy. So who doesn't seem to have a horse. Yeah.

She is making it sound like, you know, Arthur was the director of this scene and he got his buddy Lawrence Taylor to come by to play the OBGYN. Blake Levin is going to be naked. Get in here, LT. This is not what happened. This is a great example. This guy has his bachelor's of fine arts and acting from the University of Maryland. He's got an MFA, master's of fine arts and acting from UCLA.

He worked for several Shakespeare companies, toured nationally with the Tony Award winning acting company, attended the British American Dramatic Academy's Midsummer in Oxford program as a full scholarship winner. He's been on numerous shows on Netflix, on ABC, on TNT.

Once again, Mark, the problem is her allegations and her complaint do not seem to match up with not just what Justin's saying, but with what independent people who have no axe to grind with Blake Lively are saying.

That's the thing. So she makes it sound in this complaint, Arthur, like she is this powerless, shrinking violet. This one I circled in particular. She was not provided with anything with which to cover herself between takes until after she had made multiple requests.

Does anyone really believe Blake Lively, who had 100 times the star power and regular power of anybody on that set, was sitting there naked going, somebody please get me a cover. Multiple requests. Get me a cover. Get me a cover. And everyone just blew her off like, ah, screw her.

Of course not. It does not sound reasonable at all. Also, she says, it doesn't say in my contract or anything about nudity, but my understanding is it did say there was a childbirth scene and, you know, there is some degree of nudity in any kind of childbirth, but they're just going to do it from the neck up.

It's pretty it's pretty clear. Well, look, I'm looking at that birth scene. I don't I can't see what's there. And that's obvious. The filmmakers don't want you to see if she's wearing a pair of black shorts. It kind of suspends disbelief on on the giving birth claims. But in any event, she I want to go on just for another minute about what Adam Monshine is alleging.

And then when you say, raise your hands if you know about this case, you then need to call them in the back individually because you don't want them to blurt out, oh, yeah, I know Harvey's a rapist and he's a bad guy and he killed his this and killed his cat.

He played Dr. Dunbar in that scene. He says, yeah, my experience working with her is very different than the one she described in her lawsuit. Indeed, I was surprised to read her description of the scene. He goes on about the costume, as I read before. Then he further alleged that Lively never complained or expressed discomfort at any point because nothing unusual or improper occurred.

It was extremely professional. And of course, he was there for all of it because he was playing the OB right between the legs. He called Lively's insinuations about his acting qualifications offensive as his bona fides are easily searchable online and says, by the way, I was actually a local hire. My wife and I are from New York and we spend significant time there.

And apparently that's where the scene was shot and said, if I'm called to testify in this case, I will answer truthfully. And, uh, he says, uh, In particular, I will note that Ms. Lively was not, quote, nearly nude in the scene we shot together. So here's the takeaway. You tell me what you think. This is how Brian Friedman and Justin Baldoni are going to win this case. You don't have to take...

all 20 of her allegations. Pick your top four, right? And show you don't have to take Baldoni's word on the birth scene. Listen to Adam Monsheim, who is telling you he was there. And by the way, here are... the raw film outtakes from the whole thing, where you can see she is wearing black shorts. She does not have just a thin piece of fabric separating her genitalia from everybody there.

And let's sit and listen to her alleged multiple requests for a cover, which everyone blew her. I bet it's not gonna be there. So how powerful a piece of evidence is this for an effective trial lawyer, guys?

So one at a time, you have to ask them what they know and whether they can get over their own personal knowledge, which is in the hard drive of their brain, to then just base their verdict on the facts that they're going to hear in this trial. Not a trial in California, not a trial in New York five years ago, not some documentary on Netflix.

Mark and I are criminal guys, so it's not even reasonable doubt under these circumstances. It's even a lesser standard. But you also, Megan, have to think about the lawyering, the lawyering here. When she's going to make this claim, you have to tell your client, okay, I heard what you said. You know there's going to be like 12 other people in the room, or according to you, even more.

And they're going to know, you know, they're going to be witnesses as well. They're going to support the fact that you didn't have that, you know, you were naked. Right. No one's going to say you had shorts on. Right. And they're all going to say they're all going to support the fact that you asked to be covered up and nobody helped you. Correct. Like you got it. Now, maybe the lawyer did.

And she's like, oh, absolutely. I didn't have anything.

Maybe the film will show that in her defense. Maybe the film will show that. And, you know, this guy will be proven wrong. Keep going.

The bottom line is, when you're on the plaintiff's side, before you make these claims, you better do some homework and some of your own investigation work. Because as the lawyer, your reputation is on the line. You're the one who signs that complaint and says, you know, I'm submitting these papers.

And it sounds like from this witness, who sounds like a very credible guy here, that, you know, that she either lied to her lawyer or her lawyer didn't do her homework.

He sounds like somebody the jury's going to like. That's my gut instinct, and they're not going to like that she smeared him as just a best friend who was trying to get a look at her vag.

Last but not least, this woman, Christina Formella, 30 years old, Illinois teacher accused of molesting a 15-year-old student who was on a soccer team she coached and whom she tutored, allegedly happened in a Downers Grove High School classroom in December 2023. At the time, she was 28. He was 15. And they had a sexual interlude. There may have been more than one. I don't know.

There are text messages in which she texts him, I love you so much, baby. Even though this morning was short, it was perfect. And she wrote directly to him, I love having sex with you. Now she's claiming... He wrote those texts on her phone, which he stole from her, and then he deleted the record on her phone so she wouldn't see that he had done this.

She's in a lot of trouble out in Illinois right now, and you tell me how this case is likely to get resolved.

Go ahead, Mark. As you know, the heart wants what the heart wants, even if they are... Oh, God.

And it appears, if I read this correctly, that eventually she fessed up to some piece of this. I got to find out. Where is that? She did... She fessed up to some piece of this. Where is it? I can't find it.

So jury selection here, probably more than any case I've ever been involved with, is probably the most important part of the whole case.

Yeah, she... Okay. It says, okay... She fessed up to having... Okay. Formella later fessed up to having a relationship with the boy, prosecutors say. Quote, defendant admitted she knew the relationship was wrong, but she was unable to stop it because she cares too much about him. And in another tape, she says she was just too hot. And that's why people say things about her that...

This is Arthur's defense to everything. I was too hot.

Reagan, here's my defense. Ladies and gentlemen, the casting couch is not a crime scene.

I think it was episode 50, between 50 and 60 of the show. This is when we were in the kids' playroom, only audio. We loved him back then. He was so funny. I remember just crying. I was laughing so hard. And then we had him again a couple years later and now he's back and I can't wait to talk to him in person. I've never met him in person. Anyway, it's going to be great.

Okay. I mean, I'm open-minded. I want to hear where that goes, and maybe I will in court next week. Thank you, guys. Good luck, Arthur.

Thank you so much.

Be good.

Take care.

Bye Meg. Good luck. May the best witness win. Okay. Up next, Tim Dillon. When your metabolism works properly, you feel the benefits in so many aspects of your life. And that's why I want to tell you about Lumen. Lumen is the world's first handheld metabolic coach. It's a device that measures your metabolism through your breath.

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L-U-M-E-N dot M-E slash M-E-G-Y-N for 15% off your purchase. Thank you, Lumen, for sponsoring this episode. I'm Megyn Kelly, host of The Megyn Kelly Show on Sirius XM. It's your home for open, honest, and provocative conversations with the most interesting and important political, legal, and cultural figures today.

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It's Friday, so we're going to have some fun. I'm super excited because a guest that we had on way back in 2021, it was, I think, January 2021? It was Janet Fab. On episode 60, number 60, here we're over 1,000 now, is here in person, comedian Tim Dillon. Tim has a new Netflix special out next week called I'm Your Mother, and it is hilarious. Here's a look.

Tim, great to see you again.

Awesome. I was just saying like, so when we first talked, it was like the height of the pandemic nonsense. Everything was still locked down. And I remember one of the things we discussed was, how comedians are being canceled left and right.

How did we get there? How did we finally get to the point where we took our boot off the necks of the comedians?

I hope you're right. I hope we're done with that period forever more. So it's funny because we didn't do a ton of your bio, a little bit last time that you came on, but I... Thank you. Thank you. Well, you'll love this.

I'm kind of amazed he's here.

Unsuccessful child actor. Unsuccessful. Failed. That's not nice. Failed. Why? Well, it didn't work. No, they pulled clips of you. Here you are on Sesame Street. Let's watch. Speaking of dancing children.

Okay, you're the blonde.

Blonde boy in blue shirt.

Wait, here he is with Mr. Staphylococcus. That's right. Wait, let's watch.

Yeah. And Megan talking to you as a friend, the hardest part right now, honestly, is my kids. Like I have a three-year-old and an eight-year-old and I barely, I barely seen them. And like, it's my, right after his like opening day of baseball on Saturday. So I'll be there for two hours. And then I come back to the office and his face just drops. He's like, daddy, you got to go to work again.

You stole the scene. I don't understand.

How did this not turn into a Tom Cruise-like career?

Wait a minute. I mean, I think that's the problem. We have one more. I'm going to put it to the test. This is you on Comedy Central on a skit. Just Say No Jay.

In the 1990s.

Picture of Marcia Clark's book.

A mom and a dog. Here you are. There's the blonde hair. Yeah.

That's really sad.

We didn't leave any gold out there.

Yeah, your mom's like, let me show you Timmy.

Okay. Well, Irish people are brutally honest. They're brutally honest. Fortunately, I'm sure you really got it.

So that may have led to chapter two, which my team describes as discovered cocaine and alcohol at 13.

But you have someone's life in their hands. And if Harvey gets convicted, he's going to die in prison. Theory of Amen, end of story. And that's an enormous amount of pressure. It's going to be a five, six week thing. And I will tell you this, I'll give you guys a little preview.

Like when you can still save your liver, you know, you stop drinking at 25 or whatever. Yeah.

Yeah.

I was sort of laughing at first thinking it couldn't have been his short stint as a child actor. Yeah. It turns out that your mom has a serious mental illness. Yes.

I am seriously, this isn't Humphrey, seriously contemplating putting him on the stand because it's basically, it's a, he said, she said, there is no other evidence. There's no medical evidence. There's no video. There's it's just their word. And I think in today's day and age, I think a jury wants to say, well, Look, if you didn't do it, guy, come up here and tell us you didn't do it.

Yeah. So how do you parlay that into comedy? Or is that just more the Irish Catholic strain?

So another friend of mine who was a child actor for reels, she starred on Little House on the Prairie. Oh, well, wow. Sorry. Okay. I feel like she would have advocated for you. Yeah, where is she now? I'm kidding. Probably very well. She's doing very well.

But she wrote a book called Diary of a Stage Mother's Daughter. Wow. And talk about her mother was just totally overbearing and definitely overbearing. had some mental issues and, um, she writes about this in the book, but she, she's always worried as she gets more mature. Am I going to have any of those and she's not, but it seems like a natural worry.

Yes. Okay. That makes sense.

I hear we have something in common and that is our mutual love for Meghan Markle.

Yeah. That's all she wants. And give it to her. We just looked this up. So there was a sound bite of her saying she really wanted her merch that she's selling to be prestige. Yes. Not prestigious. She wanted it to be prestige.

And Mark will tell you, it's the most excruciating decision the Vets has to make. Worst. We're probably going to Rikers Island this weekend to start prepping him just so that we know we're ready to go if he needs to take the stand.

But at like a price point everyone can afford. Yeah. So we looked it up. She's got a raspberry spread. under the as ever variable. Raspberry spread. You can get it for $14 or you can get it at Walmart. under the Smucker's label for $3.47. Herbal lemon ginger tea, as ever, will charge you $12, or you can get it from Yogi for $4.46. Shortbread cookie mix, as ever, will charge you $14.

My Better Batch, which is high end, $7.99. Then there's wildflower honey with honeycomb. As ever, $28. Amazon, $11. And then there's Crepe Mix, which you can get from her for $14, or you can get it from New Hope Mills for $5. So you tell me whether this person has actually landed the plane. Right. on prestige, but totally affordable.

Yeah, with her little flowers, sprinkles, her garden.

And why is she using all the royal crown on her stationery? I thought she hated being a royal. I thought she wanted to eschew the royal life and come back to it.

It's hard to enhance your brand that quickly.

She makes sun tea.

That's not how you're living in L.A. right now?

waiting.

And check the sun teeth.

They've all burned.

Yeah. Well, I have a treat for you because in addition to her new Netflix show, she has launched yet another podcast. Thank God. This one is about. Thank God. Yes, this one is about founders. How does she style it? Is it all female founders? Yes. Please stop. I think it's all female founders.

Confessions of a female founder.

What are they doing? She starts with herself because she now considers herself a founder. She's a founder and it's

Your castle's too small. It's hard. Your grandmother, your spouse's grandmother doesn't seem to really like you and then dies.

But like can't be the goal when it's Harvey. But isn't the goal, Arthur, correct me if I'm wrong, isn't the goal... You're not going to love this guy. I can see that up front. This is not somebody you want marrying your daughter. But he did not commit sexual crimes against these women. These women said yes. These women went along with it. They had career aspirations.

Oh my gosh.

They quit. On any given day, she's got to have staff.

Didn't that sound bite just hit so many of the leftist boxes, like, are they biodegradable? Yes. And what does the packaging look like?

tycoon and it's tough for me can i tell you she's not the only extremely rich woman yeah who you know in her case it's questionable but in a lot of these other women's cases they their husbands are multi-millionaires or billionaires and then the women like open a charity yes or like give their money to somebody and then they're like i'm an entrepreneur i'm an entrepreneur it's like okay i'm a founder look i i appreciate i've connected people with jam right like

I see that your husband made billions of dollars. Right. But the fact that you spent some of it.

Yes.

Yeah. Although what I found out after the fact was she launched her show with showing you how to make this one recipe. It's like one pot pasta. You make it on that stove. And then everybody flooded Twitter with the fact that that apparently is a Martha Stewart recipe. Sure. That's apparently very well known in Martha Stewart. Yeah. So even the inaugural episode is cheating off of somebody else's.

I didn't know.

I found my wave. I'm going to ride it.

Now, speaking of not having a memory.

They didn't make clear to him that they were unwilling participants. Only after the fact, when the Me Too era came along, was it suddenly I was a crime victim in that moment.

Gavin Newsom is out there. He's out there. And you've got some thoughts about him. Hold on. We have a clip that I want to show. This is from your show, not the special, but here's a bit. Yeah, the podcast from March 36th.

He's good, Arthur. You should bring him in. Almost decades later when the complaint's made, and it's no secret because it's out there in the public, they all received a lot of money, like hundreds of thousands of dollars. So, you know, look, we have something to work with.

So when you saw him say to Charlie Kirk, yeah, for me it's a fairness issue about boys playing in girls' sports, claiming that they're girls. It's just, it's a fairness issue. You know, I've got daughters. And then just this week, somebody asked him about it because they tried to push through a bill out in California to, you know, protect. And he, it didn't go anywhere. They didn't protect girls.

And he's like, you know, I just, I just can't figure it out. I just, I tried to think about how to make it more fair. I just can't figure it out.

So he'll pander to anybody? Anybody. If he were a craftsman, Donald Trump, you think he'd pander? Absolutely.

If this was not Harvey Weinstein, if this was Harvey Jones, and a jury came in and knew nothing about this, I would be very confident. Right now, Mr. Igloche, the two words I would love to hear is hung jury or mistrial. at the end of the case because they said the preconceived notions that people have going into that courtroom is really the Mount Everest we have to climb.

So one person who is the opposite of that, he's completely authentic in his weirdness, his greatness, his brilliance is Robert F. Kennedy Jr.

Even the picadillos. Even like, yeah, we cut off the head of a bear. Right. Like, whatever. Right. And also a whale. Right, right, right. It was a thing. And I used to be addicted to heroin. Right, right. Like, he's not trying to impress you or downplay anything he's done.

And so I know that you became his fan and his friend.

I gotta know about this. He's a good dude. Have you done social things with him? Yeah.

So what have you guys done together? How does that go?

Very nice.

The Kennedy compound? Yeah, yeah, yeah. The compound?

It was fine?

It's in the blood.

Did you meet Schlossberg, the grandson of JFK?

Yeah, no, they seem very opposite. So he was there and the whole family was there because he's persona non grata. He was not there.

So when you have, as I don't know him like that, I've supported him, but I don't know him personally like that. So when you have dinner with RFKJ, does he always talk policy? And history.

How do you think Cheryl is surviving in the Hollywood crowd?

Yeah, there's no presumption of innocence.

And what he's saying is, like, maha, is basically, let's try to help make the country safer, the kids healthier, the moms and dads healthier. He just said, this is in our AM update today, he wants to find a cure or a diagnosis, no, the cause of autism by September. It feels like a moonshot, right? It's like we've been trying to, like, who would be against that?

I know, but I have to say, I think, maybe I'm the exception, but Even though I've listened to countless testimonials by women who said that they were the victims of a Me Too situation, I think I could go in there and say, but I will judge this case based on the evidence that is put before me and figure out whether in these incidents brought to me, he committed a crime.

So prepare to have fun in our second hour. But we begin with a different kind of fun. a fun that everybody loves, and that's Kelly's Court. And there's a ton to get to. We've got some interesting and bizarre debates popping up about a lot of stories in the news, including that terrible stabbing of the high school football player down in Texas.

But you know, there's so many people on the left who are like, I'm against you. Team Trump. Yeah. It's a no. Sure. And so I just wonder, you know, she's probably surviving because she's married to Bobby and not Donald, you know, like that. Yeah. I think she's also... RFKJ could be your gateway drug, but, like, Trump is the real deal.

Yeah. Well, in Hollywood, it's always hard, isn't it? It's tough. What you were saying about people have very strong feelings about people... My husband saw some article, I don't know if it got fed to him, and it was about the height of our children. Somebody did an article online about the height of our children. It was all messed up. It had all sort of fake facts about my kids.

We don't show our kids on the air. Of course. Or on the internet at all. But he forwarded it and we were looking at it. It was kind of funny, speculating about the height and how they get so tall. Like we gave them HGH, which we didn't. They have a tall father. It's hilarious. Yeah. And there was a line in there saying, Megyn Kelly, who many people can't stand. And then it went.

Wow, that seemed unnecessary. Yeah. For an article about the children's height. Yeah. Wow, that was kind of below the belt. Hilarious. Because of the territory.

But certainly if you're a lightning rod in the media, in politics, you know, you got to be able to take it. And so I think Cheryl went from a life of being like pretty much beloved by everybody.

That's how I felt. There are some things I agree with Joe Biden, I believe. That's right, of course. Like chocolate, chocolate chip ice cream is the best.

He wasn't wrong about everything.

I really think I could do it. I think my fellow New Yorkers can do it. I mean, New Yorkers are tough as balls. They're smart.

I gave him very little credit for that. I have to be honest, because that was Trump's idea. Trump was the one who sold it to the American people.

How do you do you like Trump?

I remember the last time we spoke, you said something like, somehow they reeled me into like, we're just talking politics. The next thing I know, I'm giving my opinion on whether we should be in Iraq. Like, what am I doing?

I think you could do it. But a Manhattan jury pool where Donald Trump got 17% of the vote. I mean, I just think there's just so inclined.

You can went viral in this clip. This is you speaking to some of this on your show from April 5th. Here's that 34.

But it's not a Republican Democrat thing. Republicans don't like sexual crimes.

I know, but they're very much they're all about believe all women. They're all about the attorney general, Letitia James. Believe all women. Believe all women. They lean heavily in that direction.

You know, it's like, I've heard you talk about how like in 20 years, the Democrats became Republicans and the Republicans became the Democrats. Right. And it's really so true in so many ways because you look at like, the Democrats used to talk like that.

But it got changed into, all they want to do is create one big social safety net. It's just giveaways, government giveaways, you know, like, oh, you're a single mother, here's another check. As opposed to Trump's approach, which seems to be, let me change the whole environment around you so you have more working opportunities. Let me lighten your tax burden if you're a waitress.

You know, as opposed to just like, let me dump a bunch of like free phones or goodies on you so that you'll keep voting for me.

Well, I think I think if you're worried about believe all women, Arthur, I would say that you don't need my advice to try a case. But I mean, you might want to hit that one right on the head and say, I understand that that's that's the line. And maybe maybe you even do believe maybe you believe that he crossed lines. He was inappropriate. You know, you don't like him.

No politician is.

The best example is the one where he gave the deposition in the E. Jean Carroll case against him. And the lawyer said, did you say it's okay when you're a celebrity to grab him by the P word? When you're a celebrity, they let you do it. And he said, yes, because for thousands of years, that's just been the way it is, unfortunately or fortunately. Yeah.

Yes, he did the EO on the faucets making showers great again, you know, like the free flow of water. And he's talking about keeping his beautiful hair. He likes to wash, shampoo his beautiful hair.

Yeah. Nor is he running around calling himself a founder. People hate it. As a founder. Right.

Now you were in Austin, Texas.

In the new special, again, it's called I'm Your Mother. It's on Netflix starting, it hits April 15th?

April 15th, Tax Day. Thank you. You can remember, this is how you will, this will be your soothing balm on Tax Day. Yes. You can watch I'm Your Mother.

And you do a bit on LA and what a mess it is in so many ways, including homelessness. Let's watch a little bit of that on Sat 28.

But that's a big, big, big cry away from far cry from he he committed rape. He committed sexual assault. And, you know, it's either that or it's you had consensual partners who maybe were uncomfortable but didn't express it. You had people who were there, maybe they did feel duress, but without telling him until 20 years later, how was he to know?

So when I hear you talk about that and Gavin Newsom, I don't know, would you ever consider throwing your own hat in the ring?

Yeah. That's why Gavin's doing what we're doing.

Oh, God.

I got 39 seconds to the hard out. Yeah. This special. I'm your mother. Yes. In 30 seconds. Why is it called that?

Tim Dillon, we definitely love it. Don't forget, okay, it's called I'm Your Mother. It's on Netflix next week. You will laugh. I don't think you'll cry, but you'll fall even more in love with Tim. It's great to see you. Thank you again. It was a pleasure. I appreciate it. Check it out. Have a great weekend, everyone. Thanks for listening to The Megyn Kelly Show. No BS, no agenda, and no fear.

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I mean, what makes it a crime is when you don't have the consent of the other woman. Like, one of the women, as I understand it, Arthur, it's been a while, but she's alleging that he performed, like, forcible oral sex on her. Right. I think you could definitely fairly get into how does that happen, right? How can that be done in a forcible, non-consensual way?

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Or is it more likely it happened where the man thought he did have permission and learned later that the woman was there against her will?

I'm getting some free legal advice here. How about this one, Megan? Because I really think this is probably accurate. They were kind of friends with benefits. He was getting something from them and they were going to Oscar parties and they were going to the Cannes Film Festival and they were having access to things that they would never have access to. These were not these caliber of people.

And in return, he had a nice 15 minutes in the bedroom with them.

Do any of them expressly allege that they said no in the moment and that they made clear with their body language or their voice explicitly that it was a no?

Well, they do now, you know, in the grand jury six years ago, they were a lot more it was a lot more hesitant. And now six years later, you know, it's much more. Oh, absolutely. It was absolutely clear that that's not what I wanted. So, you know, how testimony develops over the course of time.

Plus, we've got big updates with Diddy, Harvey Weinstein, Brian Kohlberger, and Blake Lively. And here to discuss it all are the OG Kelly's Court fans.

All right. When he gives his closing argument, Mark, come up here and you and I can go together.

Nice. Love it. This case, honestly, this case is actually more about the opening argument. I truly believe that. I think you need to set the juror's mindset from the beginning, what they should be listening for, where the holes in the people's cases, where the evidence that they're not going to hear, they're not going to hear from any law enforcement that's

things were admitted to not from any medical doctors that anyone for treatment not from any psychologists or psychiatrists there's no dna there's no video there's no audio it's just them and you have to just judge their credibility judge their body language understand listen to all the inconsistencies that are going to come out and then you tell me whether there's a reasonable doubt

This is kind of exciting. Now I'm kind of looking forward to it in a way I hadn't been before. I'm definitely going to swing by. I hope I do get to see your opening.

I get all this free advice. Thank you. I get free advice from two groups. I'm excited.

All right. So moving on to cases on our docket, I want to kick it off with this case down in Texas. It's so disturbing. These two kids, these two high school kids, this didn't need to happen. The 17-year-old assailant, Carmelo Anthony, is arrested and charged with murder over the stabbing death of 17-year-old Austin Metcalf. It happened on April 2nd.

Austin and his twin brother and this Carmelo Anthony, who belonged to a different school, were all at a track meet as spectators. And I don't totally understand because I've heard different versions of this, but it appears that at the track meets, they would set up these tarps and then various kids would hang out under the tarps.

panelists back when it was kendall's court arthur idalla trial attorney and managing partner at idalla bertuna and cayman's pc and host of the arthur idalla power hour and mark iglarsh criminal defense attorney at iglarsh law which you can find at speak to mark.com speak to mark.com What are you doing this Easter to celebrate with your family?

And Austin and his twin brother and a group from their school were under one tarp. There were many tarps. And Carmelo Anthony, who was from a different school and definitely not part of their posse – came under the tarp and appears to have sat in Austin's seat.

Again, the allegations on exactly where he was and what the offense was remain somewhat fuzzy to me, but it was definitely under a tarp at a track meet. And the allegation is that Austin went over to Carmela. This is from the police report that Austin went over and Austin told Anthony that he needed to move out from under their team's tent. And. Anthony grabbed his bag again, quoting here.

This is a full description. Officer Taylor Wetzel wrote this based on what a witness told him. Then Carmelo Anthony grabbed his bag after being told he had to move and reached inside of it and proceeded to tell Austin, touch me and see what happens. No one really thought Anthony really had a weapon in his bag. And Austin proceeded to touch Anthony.

And then Anthony told Austin to punch him and see what happens. A short time later, Austin grabbed Anthony to tell him to move. And Anthony pulled out what was recalled as a black knife and stabbed Austin once in the chest and then ran away. Another officer spoke to two witnesses, one being the victim's twin brother, Hunter Metcalf. They were hysterical.

What we're hearing from Carmelo Anthony's defense lawyer is that they're going to argue this was self-defense. Of course. That, you know, he said, touch me and find out what happens, and then Austin touched him, and therefore he was in fear, and... pulled out a knife. I mean, you could argue self-defense if he had pulled out his fists and started punching Austin Metcalf. We wouldn't be here.

The law would not be involved. But Mark, he pulled out a knife and stabbed him in the chest. And you tell me, but the self-defense laws in Texas and in all states require proportionality.