Judge Apology to WHCD Suspect, GOP Push to Flip Fetterman, Britney Spears Plea Deal: AM Update 5/5

0:01The wrongs we must right. The fights we must win. The future we must secure together for our nation. This is what's in front of us. This determines what's next for all of us. We are Marines. We were made for this.

0:32Good morning, everyone. I'm Megan Kelly. It's Tuesday, May 5th, 2026, and this is your AM Update. A D.C. judge apologizing to the man accused of attempting to assassinate President Trump at the White House Correspondents' Dinner. Yes, you heard that right. A search and rescue effort underway to locate two missing U.S. Army troops in Morocco, believed to have fallen in the ocean while hiking. I've had Republican friends in my state say, you're actually more popular than I am. A behind-the-scenes effort reportedly underway to flip Democrat Senator John Fetterman to the Republican side of the aisle.

1:13Should she re-offend in the future, she will not be given the benefit of this reckless driving charge. And Britney Spears resolving her DUI case will tell you what happened. All that and more coming up in just a moment on your AM update.

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2:46Magistrate judges are not appointed by presidents, instead reaching the bench by a majority vote of the active district court judges. Magistrate Judge Zia Faruqi, holding his current role since 2020, previously serving as a federal prosecutor for 12 years. Judge Faruqi has previously issued rulings critical of the Trump administration, repeatedly challenging from the bench aggressive federal law enforcement tactics during the Fed's D.C. crime crackdown. For example, journalist Julie Kelly reporting in September 2025 on this magistrate's outrage after a D.C. grand jury refused to indict Edward Dana, a career criminal with nine prior convictions and 23 arrests, who, upon being arrested for vandalism, allegedly committed the additional crime of saying he wanted to kill the president, a crime the grand jury rejected and which prosecutors were then forced to drop.

3:43Was Magistrate Faruqi angry that a danger to President Trump was getting away? Hardly. Instead, he blamed the decision on the people's fear of the Trump administration's crime-fighting efforts, lamenting, quote, how do we reestablish faith in people in D.C. that they're not going to be wrongly arrested? The people left here in Washington, D.C. who have had to suffer through whatever's happening, How am I supposed to reestablish confidence in every defense lawyer and defendant that they are being treated fairly and rightly? Cole Thomas Allen appearing before this same magistrate on Monday for a hearing on conditions at the correctional treatment facility at the D.C.

4:24jail complex, where he's being held ahead of trial. Allen initially placed on suicide watch, held in a solitary padded cell that remained constantly lit, and denied access to phone calls, books, religious material, and recreational time. His attorneys had requested Monday's hearing to challenge those conditions, arguing the placement on suicide watch was unwarranted. But after Allen was removed from suicide watch, his legal team moved to cancel the proceeding altogether. The judge denying that request, citing what he called, grave concerns about the justification for Allen's confinement and the conditions to which he'd been subjected.

5:02Allen remains in restrictive housing, a placement his lawyers do not oppose, according to Reuters. Allen's legal team last week agreeing he should remain in custody, opting not to challenge prosecutors' assertion that he poses a danger to the public. A jail official saying yesterday that Allen was placed on suicide watch for a short period of time following an initial medical evaluation, adding that there were ongoing psych exams and saying that a final determination on his housing assignment is still pending. Prosecutors noting that Allen told FBI agents the night of the alleged attack he did not expect to survive, a statement jail officials may have used to justify placing him on suicide watch.

5:44The magistrate judge pushing back, asserting that Allen could have meant he expected to be shot rather than indicating any intent to take his own life. In yesterday's hearing, the magistrate addressing Allen, quote, I'm very troubled by what they indicate the conditions that you have been subjected to. I'm sorry, it sounds like things have not been the way they're supposed to. Allen's lawyers claiming, for example, that he was escorted to the shower and strip searched anytime he came into or left his cell. The judge ordering corrections officials to provide Allen with a Bible, as he had requested, and provide the court with an update by this morning on whether Allen will be placed in a less restrictive unit.

6:26Allen facing charges of attempted assassination of a U.S. president and firearms violations. He was captured on security camera charging a security checkpoint at D.C.'s White House Correspondents' Dinner and seen firing his gun at police, allegedly striking one officer in the chest, who thankfully was wearing a bulletproof vest. U.S. Attorney for the District of Columbia, Janine Pirro, indicating more charges may be coming. Her team will be appearing in front of a D.C. grand jury later this week with more video evidence against the defendant. Allen has not yet entered a plea, his preliminary hearing set for Monday.

7:02Pirro posting to X yesterday afternoon, quote, Welcome to Washington, D.C., where U.S. Magistrate Judge Faruqi believes a defendant armed to the teeth and attempting to assassinate the president is entitled to preferential treatment in his confinement compared to every other defendant. Pirro Sunday on CNN saying prosecutors have a strong case against Allen. The defense says that the manifesto was vague about who specifically the target was. Cole Allen is being charged with attempting to assassinate the president. What is the case that you're going to build other than the obvious facts that he's there with a gun and the president is there, which is not nothing.

7:40Don't get me wrong. No, it's a pretty solid case. If you read the manifesto, Jake, and I know that you have. Yeah. It is very clear who the intended targeted. As soon as this president said that he was going to be at the Hilton for the White House Correspondents' Dinner on March 2nd, he then made the decision to hatch the plan. We have a lot of evidence that indicates his intent tracking on his phone. Is the president in the ballroom yet? Has the president sat down yet? What time will dinner be served? Two U.S. Army soldiers missing in Morocco, a search and rescue operation now underway. CBS News reporting the troops participating in a multinational training exercise known as African Lion 2026, went missing Saturday off the southern coast of the North African nation, near the city of Tantan.

8:30African Lion is the largest annual U.S. joint military operation in Africa, involving more than 7 ,000 service members from about 30 countries, initially set to run from April 20 to May 8. That training exercise now paused as U.S. and Moroccan forces shifted to a search and rescue mission, per CBS News. A defense official telling the AP the two soldiers went missing during a recreational hike after the day's exercises had concluded, quote, they were not actively taking part in any training. The missing soldiers last seen near ocean cliffs near the training area, according to Reuters. A U.S. defense official telling the outlet, initial reports indicate the two soldiers may have fallen into the ocean, saying the incident is not believed to be related to terrorism.

9:18The search effort reportedly involving helicopters, ships, mountain rescue units, and divers. AFRICOM, the command responsible for U.S. military operations throughout Africa, releasing a statement indicating the incident is under investigation. Quote, Our focus is on the service members involved and their families. The names of the missing soldiers have not yet been released. coming up a growing divide between democrat senator john fetterman and his own party now fueling a gop effort to bring him over to their side of the aisle and britney spears resolves her dui case will she get jail time

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11:27Senator from Pennsylvania and current Democrat John Fetterman. According to Politico, the Senate GOP, along with President Trump, now quietly working to win Mr. Fetterman over, either by flipping him outright or pulling him into an independent lane that could tip the balance of power. Senator Fetterman elected in 2022 and not up for re-election until 2028, increasingly putting distance between himself and his party. A frequent face on Fox News, Senator Fetterman often criticizing Democrats' embrace of more progressive policies and candidates. It's ironic. I mean, these kinds of protests are being funded by billionaires against billionaires.

12:08I mean, I don't know if they realize the irony in many of those things right now. And now there is kind of a small communist takeover in Maine. You know, Plattner, Plattner, he's already announced that he's an avowed communist. He's made that statement and he put that online. Now he's going to be the Democratic nominee. So there is a resurgent about the socialism, and that's becoming more and more part of it. And now there's more, it's like a marriage of the Palestinian, the anti-ice, the abolish ice, and now turning it into like an orgy of socialism here. And that's sad. A staunch supporter of Israel, Mr.

12:52Fetterman is also one of the few Dems backing the current U.S. war in Iran, putting him at odds with much of his caucus. Here, a recent Fox News hit on the topic. It wasn't that long ago, every single Democrat says, we can't let those lunatics have a nuclear bomb. That's not a shocking view for a Democrat, but I've become the only Democrat in the entire Congress that have supported Epicurus. Outside of foreign policy, the senator also breaking with Dems on key votes, supporting several of President Trump's nominees. Just last month, Fetterman casting the deciding vote to advance Senator Mark Wayne Mullen's nomination to lead DHS.

13:33He's even endorsed construction of President Trump's proposed White House ballroom, further fueling tensions with Democrats. Last week, a vice chair of the DNC, Malcolm Kenyatta, attacking Senator Fetterman on social media, quote, Almost every day now, my U.S. senator comes on this site to attack his constituents and many people who worked hard to elect him, suggesting that they may have derangement syndrome for opposing this administration. You're a mess, John Fetterman. Since taking office, Mr. Fetterman reportedly developing close friendships with GOP Senators Katie Britt of Alabama and Dave McCormick of Pennsylvania.

14:09Senator Fetterman now reportedly spending significant time with Republicans off the Senate floor, often joining them in the GOP cloakroom during long votes and avoiding Democrat-only social events. According to Politico, those relationships have become central to the GOP's quiet effort to pull Fetterman into their orbit. President Trump getting directly involved, recruiting Fox News host Sean Hannity to assist in the mission. During a recent interview with Fetterman, Hannity delivering a message he said came straight from the president. So I did talk to President Trump last night and I told him you were going to be on the show.

14:45And he said, OK, I want to give you a job. Your job is to tell him he's going to be run as a Republican. He's going to have our full support, more money than he ever dreamed of. And he's going to win big. And, you know, we're going to make sure he goes to Democrats, don't appreciate him. They don't like him. They're finished with him. I mean, he went on and he tasked me with making that happen. All of this unfolding as Fetterman faces growing political pressure back home. Despite not being up for reelection until 2028, his standing with Democrat voters in Pennsylvania sharply declining. Here's CNN chief data analyst Harry Enten.

15:26Just look at this among Pennsylvania Democrats and that approval of Fetterman. Back in 2023, he was a Democrat liberal darling. He was at plus 68 points. Look at how low he has fallen down to negative 40 points. He's down there with the Titanic among Democrats in the Commonwealth of Pennsylvania. And, you know, put a comparison point on, you know, we always talk about how Chuck Schumer is not well liked by the Democratic base nationwide. Chuck Schumer has a net popularity rating of about minus two points. This is an 108 point swing. Despite the outreach, Fetterman publicly insisting he's not going anywhere, telling political, quote, I'm a Democrat and I'm staying one, adding I'd be a shitty Republican.

16:09NBC asking the senator about party switching in late March. Would you ever consider running for office as a Republican senator? As much as I am friends with a lot of Republicans, including my parents, I'm not I'm not I'm not a Republican. And so that's what it's really was. That's the truth. You know, people always say, you know, we have to be a big tent party. So that's that's really it's really strange. I'm mystified by it. If I'm more popular, I've had Republican friends in my state say, you're actually more you're more more popular than I am with our people. And, you know, how a guy that votes a 93 second percent dem line has that happen.

17:00I'm mystified by it. I can't explain it. Behind the scenes, however, the door may not be entirely closed. According to GOP officials, when the idea of becoming an independent was raised, Fetterman did not immediately reject it. Britney Spears pleading guilty yesterday to reckless driving involving alcohol and drugs. The pop star accepting a deal from Ventura County, California prosecutors following her DUI arrest in March. The 44-year-old did not appear at her arraignment, her attorney entering the plea on her behalf. Spears arrested on March 4th on suspicion of driving under the influence after California Highway Patrol pulled her over for driving her BMW, quote, erratically at a high rate of speed on Route 101 in Southern California.

17:47The singer showing signs of impairment during field sobriety tests, prompting officers to transport her to a local hospital for a blood test to determine whether drugs or alcohol were in her system. She was then booked into jail overnight and released early the next morning. At the time, a representative for the singer calling her actions quote, completely inexcusable, adding quote, hopefully this can be the first step in long overdue change that needs to occur in Britney's life. One month later, Spears voluntarily entering a substance abuse treatment program, prosecutors formally charging Spears last week with driving under the influence of drugs and alcohol, a misdemeanor.

18:25Ventura County District Attorney Eric Nazarenko, saying, per the agreement, if Spears is stopped while driving, she will have to submit to a test. Law enforcement will be allowed to search her vehicle for drugs and alcohol, and she must continue a mental health and substance abuse regimen, including twice monthly visits with a psychiatrist and weekly visits with a psychologist. More from Nazarenko yesterday outside the courthouse. Today was a substitute charge. When there is a first-time offender where there is no crash, no collision, no injury with a low blood alcohol content, we typically and routinely in Ventura County will offer the reckless driving involving alcohol and drugs.

19:10In doing so, she was given a one-year informal probationary grant instead of three. She also will have to attend and complete a three-month alcohol school or 30 hours. I want to emphasize, however, that this charge, the reckless driving one, is indeed what we call priorable. Should she re-offend in the future, she will not be given the benefit of this reckless driving charge. Rather, she will be charged with driving under the influence. and her penalties and her consequences would ratchet up. That includes potentially up to five years of formal probation and one year in Ventura County Jail. In addition, Spears sentenced to one day in jail, credited with time served, and ordered to pay a$571 fine.

20:04Prosecutors have not disclosed what drug or drugs may have been in Spears' system at the time of her arrest. Spears' attorney, Michael Goldstein, telling reporters, quote, I don't think anybody is happy about pleading guilty to anything, but under the circumstances and to get this behind her, I think everybody is pleased with the result. And that'll do it for your AM update. I'm Megan Kelly. Join me back here for The MK Show, live on SiriusXM's The Megan Kelly Channel, 111 at noon east, on youtube.com slash megankelly, and on all podcast platforms.

20:43The wrongs we must right. The fights we must win. The future we must secure together for our nation. This is what's in front of us. This determines what's next for all of us. We are Marines. We were made for this. Thank you.