Election Day Showdown, Lindsay Clancy Murder Hearing, Conservative Activist Attacked: AM Update 11/3

(upbeat music) - Good morning everyone, I'm Megan Kelly. It's Tuesday, November 3rd, 2026, and this is your AM update. - If the people that voted for me and voted in the last election, where we had such a great victory, if they go out and vote just a good portion of them, we will win in a landslide. - Its election day, as voters decide control of Congress will tell you about the key races, the latest polling, and what to watch as results roll in tonight. It is clear from the record that this juror did not refuse to deliberate. He refused to agree. - A pivotal hearing in Lindsay Clancy's murder case, a judge weighing whether allegations involving the loan hold out juror could prevent prosecutors from trying her again. Christa Pike speaking out after surviving a botched execution as a doctor reveals what went wrong, and a violent confrontation at the University of Michigan. A student caught on camera shoving a conservative activist to ground before threatening to kill her. All that and more coming up in just a moment on your AM update. - Good news. Birch Gold has extended the Veterans Day silver offer through November 11th, so act now to get a free one ounce silver coin for every $10,000 purchase. This silver coin features the American flag and the Gadson flag, and is a reminder that you saw the writing on the wall and did something about it. You realized we cannot afford the interest payments on our national debt. You realized inflation is still a challenge, and it's time to diversify into gold and silver. Text MK to the number 989898 today and speak with a Birch Gold precious metals specialist. They will help you convert an existing IRA or 401K into an IRA and gold and silver, and then you will receive a free one ounce silver commemorative coin for every $10,000 you spend. But this offer ends on November 11th, diversify into gold and silver and get free silver. Text MK to the number 989898, that's MK to 989898 today. - Americans heading to the polls today deciding which party will control Congress for the final two years of President Trump's administration. All 435 House seats and 35 Senate races on the ballot as Republicans fight to preserve their narrow majorities in both chambers. President Trump making his final appeal to voters from the Lincoln Memorial in Washington, DC. - Some big races tomorrow, I guess some of the voting has already gone on, but tomorrow's election day more traditional, but we have to keep our Congress strong, free. A little bit of apple pie is something very nice about that. We're not looking to have a jihadist be in our Senate. It all doesn't matter if we're going to be foolish and let people that hate our country win an election. Because if the people that voted for me and voted in the last election where we had such a great victory, if they go out and vote just a good portion of them, we will win in a landslide. - The stakes extending well beyond tonight's winners and losers, Dems need a net gain of three seats in the House and four in the Senate to take control of each chamber. A divided Congress would complicate the president's legislative agenda, potentially opening the door to congressional investigations into his administration, its immigration policies, and the war in Iran. Democrat centering election day encouraged by national polling has President Trump faces declining approval ratings with voters expressing frustration over the economy and the war in Iran. A New York Times, Sianna Poll, finding just 36% of likely voters approve of President Trump's job performance compared to 59% who disapprove. The Times reporting that Mr. Trump's approval is now substantially lower than it was heading into the 2018 midterms when Democrats captured the House by gaining 41 seats. CBS News identifying 42 competitive House races and 11 key Senate contests that could determine control of Congress. On prediction market, CalShi, traders now giving Democrats a 75% chance of taking control of the Senate compared to just 25% for Republicans. Eight days ago, Democrats said a 63.8% chance of taking control. Our sponsor, CalShi, reflects what traders actually believe. It's real-time odds on the midterm elections. Give it a try by using code Megan Kelly or click the link in the description. New users get 25 bucks free when they trade 25 bucks. The House and Senate presenting two very different challenges for Republicans. Democrats needing only a handful of additional House seats to win the majority while the Senate map requires them to compete in several states President Trump carried comfortably in 2024. Among the most closely watched contests, Texas, where Democrat James Talleriko is challenging Republican Ken Paxton. The final real clear politics polling average showing Talleriko ahead by two and a half points despite President Trump carrying the state by 14 points just two years ago. A New York Times Sienna Poll released Sunday putting Talleriko ahead by seven, although Texas polling has underestimated Republican support in previous elections. Michigan presenting another major test as Democrat Abdul El-Sayed and Republican Mike Rogers compete for the seat being vacated by Senator Gary Peters. El-Sayed leading by nearly five points in the real clear politics average, although Republicans are hoping to capitalize on divisions within the state's Democrat Party. A Republican victory in Michigan would force Democrats to pick up an additional GOP-held Senate seat elsewhere in order to gain control. The remaining battlegrounds stretching from Maine, where Republican Senator Susan Collins faces Democrat Troy Jackson to Kansas, where Republican Senator Roger Marshall is defending his seat against Democrat Adam Hamilton. In Alaska, former Democrat Congresswoman Mary Peltola challenging Republican Senator Dan S. Sullivan in a race where the real clear politics average shows just one point separating the candidates. Of course, there's that pesky fake Dan Sullivan, Daniel J Sullivan, also lurking on the ballot. The first polls beginning to close at 6 p.m. Eastern in portions of Indiana and Kentucky, offering an early look at voter turnout and potential shifts toward either party. By 7 p.m. Eastern, polls close in Georgia, Virginia, South Carolina, and most of Florida. Florida providing one of the earliest indicators of the national political environment as election officials typically count ballots relatively quickly. According to Axios, competitive House races in Virginia and South Carolina could provide early evidence of whether dams are making significant gains in Republican territory. At 7.30 p.m. Eastern, polls closing in North Carolina and Ohio, two states featuring important Senate contests and the governor's race in Ohio is interesting too. Then at 8 p.m., Maine's closely watched Senate race between Susan Collins and Troy Jackson coming into focus alongside competitive House contests in Pennsylvania. Most polling places in Michigan, Texas, and Kansas close at that hour as well. Three states featuring some of the night's most consequential Senate races. By 9 p.m. Eastern, polls closing in Iowa and Wisconsin, along with the remaining precincts in Michigan, Texas, and Kansas. And Alaska, among the last battlegrounds to report, most polls there remaining open until midnight Eastern time. One of the biggest questions whether Democrats can turn dissatisfaction with President Trump into victories well beyond traditionally competitive districts. The New York Times identifying the possibility of a substantial Democrat wave, while cautioning that even a strong national showing may not be enough to overcome the Republican advantage in deeply conservative Senate battlegrounds. The final results may not arrive tonight. CBS News reporting that Alaska's ranked choice voting system could delay a final outcome until November 18th, while exceptionally close races elsewhere could take additional days to resolve. A Massachusetts judge weighing whether to bar a second murder trial of Lindsey Clancy following a contentious hearing yesterday over the handling of the lone holdout juror in her first trial. Clancy accused of strangling her three young children, five-year-old Korra, three-year-old Dawson, and eight-month-old Callan with exercise bands inside their Duxbury home in January 2023. The 36-year-old mother acknowledging that she did kill her children, but maintaining that she was suffering from postpartum psychosis and could not be held criminally responsible for her actions. Prosecutors arguing Clancy understood what she was doing and knew it was wrong. Her first trial ending in a mistrial in September after jurors deadlocked 11 to 1 in favor of finding her not criminally responsible. Clancy's attorneys now seeking to have the charges dismissed altogether, arguing that another prosecution would violate constitutional protections against double jeopardy. The jury four persons submitted two notes during deliberations alleging that the lone holdout juror refused to follow the law unreasonable doubt. Defense attorney Martin Weinberg, arguing Monday that Judge William Sullivan should have investigated those allegations more thoroughly before declaring a mistrial. Weinberg contending that further questioning could have established grounds to remove the juror and allow the remaining panel to continue deliberating rather than ending the trial altogether. I would respectfully say, Judge, that there was a viable alternative here. That viable alternative was a probe and for a deer. One of the potential outcomes was a discharge and the continuation of deliberations, and we simply can't superimpose on these notes with the Commonwealth asked you to superimpose that these notes were some euphemism, that's their word, for mere disagreement on the jury. Those juror notes said, "A juror's not following the law. I respectfully request that you honor not only consider but grant the motion to dismiss." Prosecutor Jennifer Sprayig maintaining that the holdout was entitled to disagree with the other jurors, and that his dissent did not amount to misconduct. Sprayig challenging the defense's reliance on media interviews conducted after the mistrial, during which several jurors accused the holdout of disregarding the law and refusing to meaningfully participate in deliberations. The holdout himself disputing those accounts in interviews and statements, insisting he never had reasonable doubt about Clancy's criminal responsibility. Sprayig arguing that Judge Sullivan's decision to declare a mistrial must be judged solely on the information available to the judge at the time, rather than competing accounts post-trial. Any post-trial news reports concerning the jurors are completely irrelevant. As the court is aware, whether or not there was manifest necessity has to be determined by what the court knew at the time, and not anything that was said or exposed later on in the media, and said by people when they were not under oath or not in a courtroom. Your decision to declare a mistrial should be assessed based on what happened here in this courtroom. Allowing post-trial accounts to affect the analysis would create endless confusion and controversy in cases where a mistrial had already been declared. He refused to agree. The hearing, growing heated when Clancy's long-time attorney, Kevin Reddington, pressed for a separate investigation into the holdouts conduct, raising questions about his cell phone use during deliberations and whether he had been truthful during jury selection. Judge Sullivan repeatedly intervening when Reddington referred to the lone juror by name, rather than juror Doe. The proceedings then turning to a prosecution request for a gag order, restricting public comments about the case ahead of a potential retrial. Spray, accusing Reddington of making inflammatory statements that could prejudice future jurors, including publicly questioning whether the holdout could sleep at night. Defense attorney Laura McConnell rejecting that justification, arguing that prosecutors had offered no evidence that the comments actually influenced prospective jurors. Following more than two hours of arguments, Judge Sullivan taking the motions under advisement without issuing a ruling. Prosecutors confirming that they intend to retry Clancy if the judge says they are able to, although they have not determined whether to pursue first degree murder or lesser offenses. Judge Sullivan scheduling the next hearing for November 16th when he intends to rule on all of the motions, the motion on double jeopardy, the motion to further investigate the holdout juror, and the motion for a gag order. If the charges remain in place, the parties could then set a new trial date, the judge hoping to begin proceedings in March. We spoke with the MK True Crime Show co-host Phil Holloway, who believes the defense will have difficulty convincing Sullivan to dismiss the charges. Essentially, the defense is saying that this juror failed to deliberate in accordance with the judge's instructions, and therefore, the defendant was deprived of her right to a fair and impartial jury. I think that the defense is going to have a hard time convincing the judge to rule with them because the judge actually did inquire with the individual jurors about whether the holdout juror was actually participating in the deliberations. And he satisfied the judge at the time that he was following the judge's instructions, and I really don't think an appeals court is going to look behind the judge's determination to try to see it in the other way. Holloway tells us Sullivan's upcoming rulings could face appeals from either side, potentially delaying any second trial. Regardless of how the judge rules on today's motion hearing, the other side, whichever side loses, is able to appeal this judge's ruling. So the appellate litigation could actually last quite some time. However, it's worth noting that the defense has said that they want a trial. If there's going to be one, they want it as early as this next spring. And interestingly enough, they do not want a jury trial. They want a judge trial, or what we call a bench trial, because after all, the subject matter of this is very emotional. And the idea is that maybe a judge is going to rule based only on the law without emotion. So we'll see what happens. Holloway suggesting that the outcome of the first trial could give both sides reason to consider a deal, rather than another courtroom battle. I think they're going to wind up with a new trial, but there's also a possibility that once the judge makes his ruling. And I don't think the defense is going to win these arguments. I think there's a reasonable chance that the parties could come to some type of negotiated plea deal. After all, it was 11 votes to find her not guilty versus one and only one to convict her. Coming up, the doctor who helped save Christa Pike's life, revealing new details about her botched execution and a political debate at the University of Michigan turning violent as a student shoves a conservative activist to the ground before threatening to kill her. Cozy Earth has been a game changer in our home. Freaking love their products, making the bed and couch infinitely more comfortable. 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CozyEarth.com, code Meganam, and when they ask where you heard about them at checkout, tell them you heard about them on AM update. Krista Pikes speaking publicly for the first time since surviving a botched execution in Tennessee in September, describing her ongoing recovery as the doctor who participated in the procedure reveals what went wrong. The 50-year-old convicted murderer, releasing a statement through her attorney's Friday, a month after receiving two doses of lethal injection drugs that failed to kill her. Pike recounting how she entered the execution chamber on September 30, prepared to die, having already made peace with her fate, and having said goodbye to her loved ones. Instead, she woke up days later in a Nashville hospital confused in pain and facing a recovery she never expected. Pike now reporting persistent pain in her arms, hands, and throat, along with difficulty speaking, accusing the state of incompetence while acknowledging the suffering endured by her victims' family. Her attorney, Stephen Ferrell, telling ABC News that burns on Pike's arms are healing slowly while her long-term prognosis remains unclear. Pike recovering in a Nashville prison infirmary, her attorney's filing an emergency motion Friday challenging her isolation from other inmates and raising concerns about her medical care. The Tennessee Department of Correction, declining to comment. Dr. Mark Fowler, the physician assigned to pronounce Pike dead, providing a first-hand account of the failed execution in an interview with New York Magazine's Intelligencer. Dr. Fowler describing how he was summoned to the execution chamber after prison officials struggled to establish IV access and two rounds of lethal drugs failed to kill Pike. The prison warden informing Dr. Fowler that Pike was still alive, prompting the physician to wait another half-hour before determining that she was comatose. According to Dr. Fowler, the IV lines apparently allowed the drugs to enter tissue in Pike's arms rather than her bloodstream, explaining the severe burns and blistering she subsequently suffered. The botched execution prompting the resignation of Tennessee Corrections Commissioner Frank Strata, Republican governor Bill Lee suspending executions for the remainder of his term and ordering an independent investigation. Pike's attorneys now urging the governor to commute her death sentence to life without parole. Attorney Stephen Ferrell, speaking to ABC News Friday. This is an unprecedented occurrence where it wasn't just a glitch in the system or an inability to find a Venus access. The state of Tennessee says that it accomplished or that it went through every step of its protocol and did everything the right way and yet she survived. That's unprecedented in modern history. And what the legal ramifications are is something that we are still researching and still considering our options of what litigation could proceed here. I think that a life sentence in this case is definitely a fair outcome for everything that is taking place. Former U.S. Attorney Ed Stanton, now leading the investigation into the failed execution, as Pike's attorneys prepare additional legal challenges to prevent Tennessee from attempting to execute her again. A University of Michigan student facing possible criminal charges after a shocking confrontation on campus, caught on camera, showing her shoving a conservative activist to the ground and threatening to kill her victim as police intervened. The student's identity circulating on social media, although university police have not officially confirmed her name, citing a policy against identifying suspects before a rainment. The incident unfolding Sunday afternoon in Ann Arbor, where members of the conservative organization Liberty Under Fire USA set up a table inviting students to debate whether Islam is compatible with Western values. Political commentator Megan Eleanor posting video to X showing a female student identified by witnesses as a supporter of Democrat candidate for U.S. Senate in Michigan, Abdul El Sayed, confronting conservative activist Joe Redden, repeatedly demanding to see the group's permit before clapping in his face. Redden accusing the student of striking him in the face, which the video seems to support. The argument then shifting to conservative activist Lizzie Benishu, as she and fellow activists Cam Higby challenged the student over women's rights in Iran. Benishu questioning whether the student's clothing and appearance would be permitted under the Iranian regime, prompting the student to charge toward her and shove her to the ground. A bystander rushing to pull the student away as she continued shouting threats and profanity at Benishu. The student then breaking free and attempting to confront Benishu a second time before a campus police officer and another man intervened. Video showing the student struggling against the officer as he forced church to the ground and attempted to handcuff her. The confrontation continuing even after police restrained her. The student was taken into custody, processed and released as investigators prepared to refer the case to the Washtunna County Prosecutor's Office for Review. That office headed by Democrat Ellie Savit, who is running for Michigan Attorney General. Police confirming that Benishu received medical treatment following the incident. Her colleague Taylor Sharp telling mediaite she injured her lower back in the fall. Sharp adding that Benishu intends to pursue criminal charges against the offending student and that will do it for your AM update. I'm Megan Kelly. Join me back here for the MK show and then later tonight at 7pm Eastern we will be live on youtube.com and SiriusXM and we are live on SiriusXM's the Megan Kelly channel 111 at noon east as well also on youtube.com/megankelly and all podcast platforms. [MUSIC]