Blake Lively's Legal Fees Ploy, and Mackenzie Shirilla's Shocking "Crash," with MK True Crime's Phil Holloway, Ashleigh Merchant, and Dave Aronberg | Ep. 1330

Episode of The Megyn Kelly Show · June 2, 2026 · 1 h 55 min

Megyn Kelly talks with law professor Victoria Burke about Blake Lively's fee bid, then with the MK True Crime hosts about the Karmelo Anthony trial, Mackenzie Shirilla, and Henry Nowak.

Summary

Megyn Kelly opened a legal-focused episode with the Blake Lively–Justin Baldoni dispute, in which Lively sought attorney's fees, treble damages, and punitive damages under California's Speak Your Truth Act (Civil Code 47.1) despite a settlement. The law's architect, Victoria Burke, recounted drafting it after her own sexual assault, said Lively's attorney had contacted her about taking the law national and later worked on a New York version without her, and argued that fees should not be awarded without a factual finding of malice, calling the effort a potential PR redemption tool.

Phil Holloway, Ashleigh Merchant, and Dave Aronberg of The MK True Crime Show then joined. They agreed Lively was using the fee fight for publicity and predicted the judge would not indulge it. On the Collin County, Texas, murder trial of Karmelo Anthony for the stabbing of Austin Metcalf, the panel argued the self-defense claim was weak, discussed a family spokesman, Dominique Alexander, allegedly violating a gag order, an alleged jury-tampering incident, the likelihood of sequestration, jury nullification, stealth jurors, and an unusual voir dire question from the judge.

The group discussed Mackenzie Shirilla, the subject of Netflix's The Crash, who was convicted of murdering two teens by driving into a wall; they cited her prison rule violations, abusive recorded audio, enabling parents, and questions about her bench-trial strategy. The final segment covered the killing of 18-year-old Henry Nowak in Southampton by Vikram Digwa and released bodycam footage showing police handcuffing and arresting the dying victim. Holloway, Merchant, and Aronberg said the officers should face criminal charges; Kelly and Aronberg blamed Prime Minister Keir Starmer's government and a broader climate on free speech and race in Britain, as protests formed outside Southampton police headquarters and a second officer resigned.

Chapters

  1. 0:00

    Show opening and case preview

    Kelly previews the Karmelo Anthony trial, the Henry Nowak footage, and Blake Lively's renewed legal-fee fight under California law.

  2. 14:03

    Victoria Burke on the Speak Your Truth Act

    The law's architect explains why she drafted Civil Code 47.1 and why she believes Lively should not recover fees.

  3. 33:08

    MK True Crime hosts react to Lively

    Merchant, Holloway, and Kelly argue Lively is using the fee motion for publicity and that the judge wants the case gone.

  4. 41:41

    Karmelo Anthony trial and self-defense

    The panel examines the Austin Metcalf stabbing, police report statements, and why self-defense appears weak.

  5. 51:26

    Gag order, race rhetoric, and jury tampering

    Discussion of Dominique Alexander's statements, courthouse protests, an alleged juror recording, and likely sequestration.

  6. 1:05:03

    Jury nullification and voir dire

    The hosts debate hung-jury risks, stealth jurors, the judge's patriotism question, and juror vetting via social media.

  7. 1:12:43

    Mackenzie Shirilla and The Crash

    The group reviews Shirilla's conviction, prison behavior, abusive audio, her parents' role, and appeal prospects.

  8. 1:27:00

    Murder of Henry Nowak and police conduct

    Kelly plays the father's statement and bodycam footage, and the panel argues officers should be charged.

  9. 1:42:17

    Keir Starmer and free speech in Britain

    Kelly and Aronberg blame Starmer's government and discuss a cancelled Oxford Union debate and UK entry bans.

  10. 1:50:19

    Southampton protests and officer resignations

    Kelly shows protests at police headquarters and reports a second officer's resignation as the panel demands accountability.

Key points

What was said, by whom, with the exact words. Timestamps jump to the moment.

  • Victoria Burke

    Burke says she drafted the law after being drugged and sexually assaulted in 2019 and being warned she could face a defamation suit for speaking out.

    “It was made by me, who's a survivor, intended to protect survivors when speaking out because I myself had been drugged and sexually assaulted by acquaintance in 2019”

    Listen from 14:55 · Speak Your Truth Act

  • Victoria Burke

    Burke says the law has been enacted in four states and introduced in fifteen during the current legislative session.

    “It's been now enacted in four states and I have introduced it in 15 states, this legislative session”

    Listen from 21:06 · Speak Your Truth Act

  • Victoria Burke

    Burke says she worried Lively's team taking the law national would turn it into a PR campaign rather than a survivor protection.

    “I was worried that this is going to become just a PR campaign for her. And it wasn't going to be about survivors anymore”

    Listen from 21:53 · Lively v. Wayfarer Studios

  • Victoria Burke

    Burke argues that fees under 47.1 require a showing regarding malice, which has not been established in the Lively case.

    “For 47.1, it would not be. You would have to show malice in order to receive any attorney fees. That would have to be established”

    Listen from 29:51 · Speak Your Truth Act

  • Victoria Burke

    Burke urges the judge to hesitate before awarding fees without factual findings on malice.

    “I would say use hesitation on awarding something that has not had fact proven of malice”

    Listen from 31:28 · Lively v. Wayfarer Studios

  • Ashleigh Merchant

    Merchant argues Lively is misusing the law to stay in the headlines and should walk away.

    “We have Blake Lively, who is definitely misusing this law to trying to remain relevant, trying to remain in the headlines as desperately as she can”

    Listen from 35:31 · Lively v. Wayfarer Studios

  • Linked moment · 36:51Skip to 36:51 using a listen link in the info box.

    Phil Holloway

    Holloway argues a proper settlement should have included complete releases so that no issues remained for further litigation.

    “when you negotiate and draft a settlement you're supposed to settle everything it should be complete you should have complete releases of all of these things”

    Listen from 36:51 · Lively v. Wayfarer Studios

  • Megyn Kelly

    Kelly predicts Lively will be disappointed by the judge's ruling on her fee request.

    “Blake Lively's going to be severely disappointed on this one, and it's looking like yet another big loss for her”

    Listen from 40:27 · Lively v. Wayfarer Studios

  • Phil Holloway

    Holloway argues Anthony cannot prevail on self-defense because the facts show he instigated the confrontation.

    “I don't think he's legally going to be able to prevail on a claim of self-defense if if we have a fair jury”

    Listen from 44:38 · Killing of Austin Metcalf

  • Ashleigh Merchant

    Merchant says sequestered juries tend to act as a unit and are more likely to convict, which is why defense lawyers oppose sequestration.

    “what happens when we have sequestration we have a jury that is much more likely to convict there's tons of studies on that”

    Listen from 59:39 · Jury sequestration

  • Dave Aronberg

    Aronberg argues the defense is hoping for jury nullification because the evidence is strong and the self-defense claim weak.

    “Jury nullification. I think that's what the defense is hoping for here, that even though the evidence here is really strong and really there's such a weak claim of self-defense”

    Listen from 1:03:06 · Jury nullification

  • Phil Holloway

    Holloway says he does not expect an acquittal but worries stealth jurors could produce a hung jury.

    “If you have one or two stealth jurors, we could see potentially a hung jury”

    Listen from 1:05:57 · Killing of Austin Metcalf

  • Ashleigh Merchant

    Merchant argues Anthony effectively must testify to succeed on a self-defense claim.

    “he's never going to be able to be successful on self-defense if he doesn't testify”

    Listen from 1:07:35 · Killing of Austin Metcalf

  • Ashleigh Merchant

    Merchant dismisses the POTS defense, noting the gas pedal had to be fully depressed to reach 100 mph.

    “if you had POTS, you wouldn't have the gas pedal fully depressed. And to go 100 miles an hour, you had to literally have the gas pedal all the way down”

    Listen from 1:17:47 · Mackenzie Shirilla case

  • Ashleigh Merchant

    Merchant believes Shirilla had poor trial counsel because they waived a jury in favor of a bench trial.

    “I think she didn't because they had what's called a bench trial instead of a jury trial. And, you know, you never waive that”

    Listen from 1:18:34 · Mackenzie Shirilla case

  • Megyn Kelly

    Kelly argues Shirilla is a sociopath who should never be released.

    “if you're a sociopath and you've murdered two people, you should stay in jail forever because you cannot be trusted”

    Listen from 1:19:50 · Mackenzie Shirilla case

  • Phil Holloway

    Holloway questions how Shirilla's lawyers presented a medical defense without a medical expert, though he believes the conviction should stand.

    “If you're going to present a medical defense, which is what apparently this was, they did not have a medical expert”

    Listen from 1:19:59 · Ineffective assistance of counsel

  • Dave Aronberg

    Aronberg says Shirilla's parents came off worse than she did in the documentary by enabling her and explaining away her issues.

    “the only ones who came off worse than Mackenzie in that show were her parents, who just enabled her, explained away all of her issues”

    Listen from 1:24:41 · Mackenzie Shirilla case

  • Mark Nowak

    Mark Nowak says his son told officers nine times he could not breathe and four times he had been stabbed.

    “In fact, Henry told officers that he could not breathe nine times. He told them he had been stabbed four times”

    Listen from 1:30:37 · Killing of Henry Nowak

  • Phil Holloway

    Holloway, drawing on his police experience, says the officers are guilty of negligent homicide and should be prosecuted.

    “I think they're guilty of some type of negligent homicide, and I think they should be prosecuted”

    Listen from 1:37:14 · Killing of Henry Nowak

  • Ashleigh Merchant

    Merchant argues there was no officer-safety reason to handcuff Nowak because he was compliant.

    “absent officer safety reasons, there is absolutely no reason for the police to put this man in custody”

    Listen from 1:39:37 · Killing of Henry Nowak

  • Dave Aronberg

    Aronberg blames Keir Starmer's 'domestic appeasement' for a culture he says contributed to Nowak's death.

    “You could argue that that type of appeasement, that culture he's created, helped lead to an innocent 18-year-old dying in the streets in handcuffs”

    Listen from 1:44:52 · Killing of Henry Nowak

  • Megyn Kelly

    Kelly says police shut down an Oxford Union debate on Islam's role in the UK and that her show is working to host it in America.

    “P.S., we are working on hosting that debate for them right here in America, where you're still allowed to have these back and forths”

    Listen from 1:46:14 · Freedom of speech in the United Kingdom

People

In the conversation

  • Megyn KellyConservative broadcaster and podcaster
  • Victoria BurkeAttorney, adjunct law professor at Southwestern Law School, and architect of California's Speak Your Truth Act
  • Ashleigh MerchantDefense attorney and co-host of The MK True Crime Show
  • Phil HollowayAttorney, former police officer, and co-host of The MK True Crime Show
  • Dave AronbergFormer Florida state attorney and co-host of The MK True Crime Show
  • Mark Nowak

Discussed

  • Blake LivelyAmerican actress who sued Justin Baldoni and Wayfarer Studios
  • Justin BaldoniAmerican actor and director of It Ends With Us
  • Karmelo AnthonyTexas teen on trial for the fatal stabbing of Austin Metcalf
  • Austin Metcalf17-year-old Texas football player killed at a track meet in 2025
  • Hunter MetcalfIdentical twin brother of Austin Metcalf
  • Henry Nowak18-year-old Anglo-Polish student fatally stabbed in Southampton in December 2025
  • Vikram DigwaDefendant accused of murdering Henry Nowak in Southampton
  • Keir StarmerPrime Minister of the United Kingdom
  • Robert FranceTemporary deputy chief constable of Hampshire police who apologized over the Nowak case
  • Davion FlanaganFriend killed in the Shirilla crash
  • Lewis LimanU.S. federal judge presiding over the Lively–Baldoni case
  • Crystal MangumFalse accuser in the Duke lacrosse case
  • Gavin NewsomGovernor of California, cited for his 2018 primary strategy
  • Sarah FieldsIndependent journalist who reported alleged jury tampering in the Anthony trial
  • George FloydMan killed by Minneapolis police in 2020, cited in comparisons
  • Tom DeLayFormer U.S. House majority leader whose indictment Kelly once covered
  • Laurence FoxBritish actor and activist involved in a cancelled Oxford Union debate

Topics

More from The Megyn Kelly Show

From the publisher

Megyn Kelly begins the show by diving into the latest in the Blake Lively vs. Justin Baldoni legal saga with Victoria Burke, law professor and architect of the "Speak Your Truth Act," to discuss Lively's attempt to recover three times her legal fees and more, Lively's attempted use of the "Speak Your Truth Act" in a way Burke says was not intended when it was created, how Lively's team reached out to Burke regarding taking the act national, whether this is all a PR clean-up attempt, and more. Then Phil Holloway, Ashleigh Merchant, and Dave Aronberg, hosts of The MK True Crime Show, join to discuss Blake Lively trying to keep her legal case against Justin Baldoni in the news through her fight for legal fees, the judge's comments about thinking the case was over, the murder trial of Karmelo Anthony in the death of Texas teenager and football player Austin Metcalf at a track meet, Anthony’s not guilty plea and claim of self-defense, questions surrounding who initiated the confrontation, how race will play a role in the trial and the coverage of the trial, the disturbing Mackenzie Shirilla case spotlighted in hit Netflix series "The Crash," her murder conviction after killing her boyfriend and his friend in a car crash, Shirilla breaking rules while in prison now, shocking audio of Mackenzie Shirilla's treatment of her boyfriend, the role her parents may have played in enabling her behavior, the tragic murder of Henry Nowak in the UK, disturbing footage now released showing police ignoring Henry's pleading for help, questions about whether the officers could be charged with a crime, and more. Subscribe to MK True Crime to find ALL the shows: Apple: https://podcasts.apple.com/us/podcast/mk-true-crime/id1829831499 Spotify: https://open.spotify.com/show/4o80I2RSC2NvY51TIaKkJW YouTube: https://www.youtube.com/@MKTrueCrime?sub_confirmation=1 Social: http://mktruecrime.com/ Birch Gold: Text MK to 989898 and get your free info kit on gold DailyLook: https://dailylook.com to t…

Summary, chapters and key points were generated from the episode transcript on September 28, 2026. Quotes are checked word for word against the transcript.

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