Major SCOTUS "Birthright Citizenship" Case, with Aronberg and Davis, and Charlie Kirk Murder Trial Bullet Questions, with Branca and Geragos | Ep. 1286

The Megyn Kelly Show delves into two major legal developments in Episode 1286. First, the podcast examines the U.S. Supreme Court’s oral arguments on President Trump’s executive order seeking to end birthright citizenship for children of undocumented immigrants and temporary visitors, framing it as a constitutional showdown over the 14th Amendment’s 'subject to the jurisdiction thereof' clause. Legal experts Mike Davis and Dave Ehrenberg present opposing interpretations: Davis argues the clause was meant to exclude non-allegiant individuals like diplomats and Native Americans, while Ehrenberg maintains that the plain text and precedent, particularly Wong Kim Ark, protect all persons born on U.S. soil. The discussion extends to political implications, with Megyn Kelly and Davis criticizing Democratic opposition to the SAVE Act and voter ID laws, which they argue are essential to election integrity despite claims of voter suppression. The episode then shifts to the Charlie Kirk murder trial, where defense attorneys Andrew Branca and Mark Geragos analyze the prosecution’s fragile evidence. They highlight an inconclusive ATF bullet analysis, complex DNA mixtures involving five or more individuals, and potential Fifth Amendment protections for key witnesses like Tyler Robinson’s roommate and family friend. The defense is employing a 'death of a thousand cuts' strategy, leveraging small inconsistencies in text messages, DNA evidence, and witness credibility to create reasonable doubt. Cell phone tower data is emphasized as a pivotal investigative tool, capable of proving or disproving alibis, with Kelly sharing a personal case where such data led to a client’s release. The segment also addresses the limitations of introducing third-party liability claims—such as foreign interference—without concrete evidence, stressing that judges act as gatekeepers, requiring plausible foundations before such arguments are admitted.