ERIC BOLLING (HOST): They're now talking about the 14th Amendment to prevent Trump from becoming president. And the way that would work would they would have to elicit the 14th Amendment -- I read it, and I'm trying to figure out how this applies. As a lawyer, maybe you can help me. Section three of the 14th Amendment reads, no person shall be a senator or representative in Congress or elector of president -- and then goes -- that shall have engaged in insurrection or rebellion against the same or given aid or comfort to the enemies there. So you literally have to prove Trump is an insurrectionist. Now, Megan, all these lawsuits that they're -- the two state lawsuits, the two federal lawsuits, not one of them have ever once claimed that Trump is an insurrectionist. How are they going to use the 14th?
MEGYN KELLY (GUEST): No. He hasn't been charged with that nor could he be charged with that. And this is clearly a provision designed to get at those who had participated in the Confederacy during the Civil War. It's very obvious. I mean, if you look at it, in the next breath it talks about emancipated slaves. Well, as far as I know, we're not dealing with that problem in today's day and age. It was meant to deal with the specific problem at the specific time, and I think that will be reflected in any sane court decision. There could be some hothead on the federal district court in some Blue state that finds otherwise, but that will work its way up to the US Supreme Court. And this will be a no brainer for them. They're going to say that it doesn't apply. I mean, I'll predict that right now easily, and it could be more than a 6 to 3 vote. I mean, it could -- the liberals, it could be unanimous on this. It's such an absurd argument. This is the act of desperation.
It's -- yes, they keep pointing out it was written by, you know, two conservative former judges. Well, yeah, there's a lot of conservatives who hate Trump. Have you ever heard of the Never Trump movement? Have you heard of Kinzinger or Liz Cheney or the Lincoln Project? These are all Republicans who hate Trump. And it doesn't mean that their legal analysis is sound. The Constitution lays out very clearly what it takes to be president. You have to be 35 years-old, you have to be born in the United States. That's it. There's no extra requirement that you not have provided aid to somebody engaging in insurrection, etc. That was, as I said, a specific provision designed to attack a specific set of circumstances, and the court considers the history behind the amendments when in -- and the provisions -- when interpreting them. So this is a loser, and it stinks of desperation.
BOLLING: Yeah, it does. But can you imagine -- legally, I think you're clearly right. And you're the legal scholar here, the legal mind here. But can you imagine, just in practical life, if they tried to do that. You want to talk about the right coming out in force to make sure that that didn't -- it's incredible, these ideas --
KELLY: And then you'd get an insurrection. If they tried to bounce him out on that, then you are going to get an insurrection.
BOLLING: That may be what it would take to cause the insurrection that they're so desperately looking for.