The Megyn Kelly Show The Truth About the ICE Shooting in MN, and Dangers of Marijuana, with Dave Aronberg, Phil Holloway, Ashleigh Merchant, and Alex Berenson | Ep. 1226
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Jan 8, 2026 
Dave Aronberg, a former prosecutor and true crime co-host, along with Phil Holloway, a law enforcement veteran, and Ashleigh Merchant, an attorney, analyze the ICE shooting case in Minnesota, discussing civil and criminal liabilities, eyewitness reliability, and potential defenses. They delve into the legal nuances surrounding use-of-force standards. Later, independent journalist Alex Berenson reveals alarming insights into modern marijuana, linking its heightened potency to increased psychosis and violence, urging caution in policy discussions.
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Episode notes
Supremacy Clause Doesn't End State Options
- Supremacy Clause issues complicate state prosecutions of federal officers but don't automatically bar them.
- Judges decide whether actions were within official duties before federal preemption applies.
Multiple Shots Can Become A Prosecutorial Focus
- Prosecutors may focus on repeated shots once a threat subsides to challenge reasonableness.
- The law weighs totality of circumstances, including whether the officer could have stepped aside.
High-Profile Lawyer Withdraws From Reiner Case
- Alan Jackson abruptly withdrew from Nick Reiner's defense, citing ethical limits and refusing public explanation.
- He was replaced by a public defender, suggesting funding or conflict issues.
