Trump's SCOTUS Longshot, Birth Tourism Hospital Probe, New Alleged Robinson Evidence: AM Update 7/10

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0:57American citizenship is worth far more than$4 ,000. Texas Governor Greg Abbott launching an investigation into a hospital accused of selling childbirth packages to pregnant women across the border in Mexico. Day four of Tyler Robinson's preliminary hearing bringing out new texts and DNA evidence linking him to the murder weapon and engraved ammunition. and a flying lesson taking a horrifying turn when the instructor allegedly jumps from the plane, leaving his 22-year-old student alone at the controls. All that and more coming up in just a moment on your AM Update.

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2:59The president announcing Wednesday that he will ask the U.S. Supreme Court to reconsider its June 30th decision, striking down his executive order. The order denying automatic citizenship to certain children born in the U.S. whose parents are here illegally or only temporarily. The High Court ruling 6-3 that President Trump's order attempting to limit birthright citizenship was unlawful. A five-justice majority, including conservative Chief Justice John Roberts and Justice Amy Coney Barrett, finding that the 14th Amendment guarantees automatic citizenship to children born in the U.S., even if their parents are here illegally or just temporarily.

3:39Conservative Justice Brett Kavanaugh concurring in the judgment, but on different grounds. President Trump pointing to a Fox News report about Mexican billboards advertising Texas birthing packages as evidence the ruling opens American citizenship to abuse. The president posting to Truth Social that signs along the southern border advertise deliveries starting at$4 ,000, accusing businesses of turning birthright citizenship into a profitable scam. More on that in a minute. Mr. Trump writing, quote, American citizenship is not for sale. In fact, that is a crime, and therefore the Supreme Court's ruling is wrong.

4:17I will be asking for a rehearing by the U.S. Supreme Court immediately. immediately. Supreme Court rules allow parties to request another hearing after the justices decide a case. Winning one, however, remains almost unheard of. Legal scholar Stephen Vladek finding the court last granted rehearing in an argued case in 1965 and has reversed one of its own decisions after rehearing only once. We spoke with Will Chamberlain, senior counsel at the Article 3 project, who says it is extremely unlikely that the high court will rehear this case, but argues the ruling may not settle the issue forever. I think it's understandable that President Trump would want to do this.

4:58And I think he's actually right on the merits. I think the Supreme Court got this case wrong, but the odds of them actually agreeing to rehear a recently decided case and then changing their mind are extremely low. I mean, it would just be very, very bizarre. Normally they wouldn't do that. I can only imagine in some case where there's just this massive set of new facts that indicate that maybe they were premising their decision on something false or misleading. But, you know, there's nothing really changed in the interim. And I mean, the Supreme Court takes a lot of time and, you know, goes through all the effort of oral argument, briefing, amicus briefs, you name it.

5:33I mean, you know, the majority is not, I don't think the majority is about to get up and admit that they got it wrong after doing all this work. It'd be very embarrassing for the court to do so on such short notice. Chamberlain pointing to the narrow ideological divide beneath the 6-3 ruling and what he sees as an unexpectedly strong foundation for a future challenge. The fact that the conventional wisdom in the legal academy said this would be like a 9-0, that it was a frivolous issue and there was no research done and all of a sudden we're getting four votes in the Supreme Court. That means that, you know, this is actually a pretty persuasive argument that has been marshaled by the people who would say birthright citizenship is more limited than the conventional wisdom would suggest.

6:15And if we're already winning four votes, then one or two justices changing on the court or maybe 10 years of this policy being enforced will, I think, lead actually. I think we're ultimately going to win. Like, I think ultimately the, you know, this is the case that was wrong when it was decided and a future Supreme Court is going to reverse it. Chamberlain believes Congress could eventually force a new constitutional test.

7:01And that would be the basis for another challenge, because obviously, you know, there would be some sort of lawsuit challenging the statute as unconstitutional. Any such law would almost certainly face an immediate constitutional challenge. Texas Governor Greg Abbott, a Republican launching an investigation into a hospital accused of marketing American births directly to pregnant women in Mexico. The governor ordering the Texas Health and Human Services Commission to determine whether Mission Regional Medical Center violated state law or any of its contractual obligations by advertising what it called, quote, birth packages in South Texas.

7:41The non-profit hospital sits in Mission, Texas, just north of the Mexican border. Its Spanish-language campaign offering natural deliveries starting at$3 ,950 and C-sections starting at$5 ,525, directing prospective patients to a website called HaveMyBabyInTexas.com, according to Fox News. The advertisements, appearing on two billboards near a border crossing in Mexico, complete with an international telephone number for calling the U.S. Governor Abbott accusing the hospital of targeting foreign nationals in an apparent effort to profit from securing American citizenship for their children. The hospital confirming the Spanish-language campaign to Fox News, but maintaining it never intended to promote any illegal activity.

8:30A spokesperson saying the hospital removed the billboards and website Monday because of what it called a, quote, unintended misunderstanding, adding, quote, Like hospitals across the country and throughout the region, we share information about the health care services we provide. We do not support or facilitate any unlawful activity and work to comply with all applicable federal and state laws and regulations. The campaign reportedly beginning in 2021, although the hospital did not disclose when the billboards first went up. Congressman Brandon Gill, Republican from Texas, arguing on Fox News that American citizenship should never become part of a commercial maternity package.

9:12Well, it's disgraceful, and I think that it's deeply insulting to every single American. We recognize in America, as American citizens, that American citizenship is worth far more than $4 ,000, that you don't just cross the border and enter magic dirt and have a child and that child become fully American. You know, becoming an American citizen means not only that you have constitutional liberties, that you have legal and economic protections and social opportunities that nobody else in the world has. But it also means that you are a part of the American body politic, that you have the rights and responsibilities that come with being an American citizen, meaning you can influence our system of government, our rule of law, how this country functions.

9:57And that's not something that we just simply hand out to our geopolitical adversaries or to anybody who just simply crosses the border for the purpose of giving birth. The controversy emerging as the Trump administration intensifies its crackdown on so-called birth tourism operations. Federal rules prohibit foreign nationals from obtaining visitor visas when their primary purpose is traveling to the U.S. to give birth so their child receives American citizenship. The State Department announcing last month that it had revoked hundreds of visas as part of a broader effort to identify the businesses and networks facilitating those trips.

10:36Coming up, day four of Tyler Robinson's preliminary hearing revealing forensic evidence tying him to the rifle and ammunition recovered near the scene where Charlie Kirk was killed. And a 22-year-old student forced to complete the ultimate emergency landing after her flight instructor allegedly jumps from the plane midair.

11:03Our sponsor, the Electronic Payments Coalition, says Washington politicians are always getting in your wallet, which you know, and now they're messing with your credit card, too. They say your credit card and the security it offers are under attack and that Senators Dick Durbin and Roger Marshall want to change the nation's payment system to benefit corporate megastores like Walmart and Target at the expense of everyday Americans. Credit cards can keep your payments secure and provide rewards that families use to help make everyday purchases much more affordable. We all love that. The Electronic Payments Coalition says the Durbin Marshall mandates would let corporate megastores cut corners on credit card processing, routing transactions over cheaper, untested networks with weaker security and fewer protections.

11:52Find out more about this whole situation at guardyourcard.com and consider telling Congress to guard your card. Tyler Robinson, the man accused of assassinating Charlie Kirk last September, back in a Utah County courtroom yesterday for day four of his preliminary hearing. Prosecutors continuing their effort to persuade Judge Tony Graff they have enough evidence to take Robinson to trial on seven charges, including aggravated murder. The morning session focusing on Robinson's former roommate and so-called transgender furry lover, Lance Twiggs. The court playing portions of a recorded interview Twiggs gave investigators.

12:33In the video, Twiggs telling them that roughly one month before the shooting, Robinson asked to borrow a Dremel tool to engrave bullets, claiming they were intended for a hunting trip. The court then turning to text messages Robinson allegedly sent Twiggs after the shooting. In those messages, Robinson confessing to killing Kirk, explaining why he targeted the Turning Point USA founder and father of two, discussing efforts to recover and conceal the suspected murder weapon. The afternoon session bringing Utah State Bureau of Investigation Sergeant Jennifer Famuina back to the stand. Famuina, who led the evidence response team, first describing what investigators found inside the rifle recovered in the wooded area near where Charlie was killed.

13:19So when we rendered the gun safe, we found in it, when we removed the bolt back, we found one 30-06 cartridge case, or say a fired cartridge case, and we also found three unfired cartridges, all with engravings on them. Prosecutors then displaying the rounds one by one as Falmoina read each engraving for the court. Do you notice an inscription or an etching on this cartridge case. Yes, I do. Will you read the markings here? Hey, fascist. And page three. Catch. And page four. Up arrow, right arrow, down arrow, down arrow, down arrow. All right, let's go to exhibit 21. And was this another round that was found in the gun?

14:06Yes. Will you read the inscription here? Old Bella Chow. Page two. Chow Chow. All right, let's go to exhibit 22. Another round that was found from the gun, correct? Yes. Will you please read the letters here? If you read. Page two. This comma, you are. Page three. Gay. And page four. LMAO. Falmoina testifying that investigators found overwhelming DNA evidence linking Robinson to several of the items, including the buttons of the Dremel tool. Calculation number one, it mentions here Exhibit 15.1. Do you know where that swab is from? Yep, it is swabs of the buttons of the Dremel tool. And will you read paragraph D?

14:58Yes. The DNA profile is at least one trillion times more likely if it originated from Tyler Robinson as a contributor to the major component and two unrelated unknown individuals than if it originated from three unrelated unknown individuals. We also read paragraph E. The probability of an unrelated individual in the population who has not contributed DNA to this sample yielding this level of support is less than one in one trillion. Investigators finding similarly strong DNA evidence on multiple parts of the rifle and scope, as well as the engraved cartridges, the Dremel's cord, and two of its metal bits.

15:38Prosecutors resting their case after four days of testimony, The hearing later shifting to another dispute over public access to the evidence. An attorney for the Kirk family asking Judge Graff to publicly play an enhanced compilation of surveillance footage gathered from Utah Valley University, arguing that all evidence admitted during the hearing should be shown in open court. Robinson defense attorney Michael Burt responding with a pointed and totally unfounded attack on Erica Kirk. As the court knows, we have witness availability problems. We spent the bulk of today and yesterday arguing about nothing to do with the evidence in the case, but with rights of third parties.

16:22And it's appropriate for the court to consider that. But at some point, I think the court has to return to the purpose of these hearings, which is to expeditiously hear the evidence and then determine probable cause. And I want to point out to the court, Ms. Kirk has been very adept at holding press conferences at which she has revealed evidence. She has represented that the state is her attorney. She has access to all the evidence that the state has publicized and that the media and her own lawyer argues is already in the public domain. So they're perfectly free to go outside this courtroom under the court's protective order.

17:07They're free to go out and hold press conferences and announce to the world outside the courtroom what they think the evidence is. Kirk family attorney Jeffrey Nyman firing back. The family has not seen this video. It hasn't. It doesn't have access to the evidence the state has. The state is the state and Mrs. Kirk and the family have their representatives. There's a completely distortion of reality that was just put forth. And this is about educating anybody, anybody about anything. This is about allowing the family to see the evidence that's been gathered after a 10 month investigation in which a father, a husband was assassinated.

17:44That's what this is about. So we ask you to please allow the family to view the video like the court has viewed. In order to allow the family to process this moment. Judge Graff declining to rule immediately, today expected to mark the final day of the preliminary hearing with one witness remaining. Prosecutors had hoped to move directly into closing arguments and receive an immediate ruling on whether Robinson will stand trial. The defense asking to submit written briefs, setting up another round of filings before closing arguments. Judge Graff granting that request, pushing oral arguments to September 1st, meaning the likely trial will be delayed even further.

18:26A flying lesson in Argentina taking an unimaginable turn. The instructor reportedly jumping out of the plane mid-flight, leaving his 22-year-old student alone and at the controls. The bizarre and tragic incident unfolding Saturday over the central province of Cordoba. According to Argentine outlet TN, flight instructor Leandro Bertazzo, 42 years old, and a student named Rosario were flying in a two-seat Cessna when Bertazzo suddenly removed his headset, unbuckled his seatbelt, and opened the aircraft door. His final instruction to Rosario, quote, you know what you have to do, carry on. Bertazzo then jumping from the plane to his death.

19:12Rosario radioing the Flying Parrot Flight School for help, following emergency instructions to fly the aircraft back to the airfield, landing safely without damaging the plane. Flight school director Eduardo Alvarez praising the young pilot, telling Tien, quote, she was very shaken, but with complete professionalism, she piloted the plane to the airfield and landed perfectly. Alvarez joining the search for Burtazo, spotting his body in a rural field roughly 15 minutes after the jump. Authorities pronouncing the instructor dead at the scene. Bertazzo was an experienced pilot with several advanced licenses and had completed another lesson earlier that same day.

19:54Alvarez telling Tien that no one at the flight school detected any warning that Bertazzo might take his own life. Quote, There's a very close student-instructor relationship in a professional sense, but none of those who flew with him nor those of us who saw him could detect that he was going to make that decision to jump out of an aircraft. Obviously, something was up. His relatives later revealing that he had recently sought mental health treatment without telling his colleagues. Prosecutors now investigating the circumstances surrounding his death. And that'll do it for your AM Update. I'm Megan Kelly.

20:30Join 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.

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