In a dramatic escalation of the partisan battle over the legacy of the January 6 attack, media personality Megyn Kelly publicly urged former President Donald Trump to pursue legal action against Hillary Clinton for her condemnation of his conduct surrounding the Capitol riot.
Megyn Kelly, a former network news anchor turned independent host, has consistently recast her public role from critic to advocate of Donald Trump as his political fortunes rose. In recent months, Kelly has challenged mainstream narratives about January 6, depicting them as exaggerated or unfairly partisan. Short video clips circulating online show Kelly asserting that Trump 'should've gone after' Hillary Clinton for what she described as a 'made-up scandal' regarding his actions on and after 6 January.
'A Made-Up Scandal'
Kelly's comments about litigation against Hillary Clinton are anchored in her broader critique of how the events of January 6 have been discussed by political leaders and the media. In statements shared widely on social media, Kelly suggested that Trump 'should have gone after' Clinton for what she labelled a 'made-up scandal', a reference to Clinton's statements condemning his conduct around the riot.
Hillary Clinton has been an outspoken critic of Donald Trump for years, publicly characterising his rhetoric and conduct as deeply harmful to American democracy. While Clinton's recent statements about January 6 emphasise accountability and the rule of law, Kelly argues that such denunciations amount to defamatory attacks that, she suggests, could be contested in court.
An 'Exceptionally Difficult' Legal Battle
There is no record of a filed lawsuit as yet. Legal experts say that public figures like Clinton have broad protections under US and British defamation law, meaning that pursuing legal action over political speech would be exceptionally difficult. Under US federal law, a plaintiff must show that false statements were made with actual malice, knowledge they were false, or with reckless disregard for the truth, which is a high threshold in political speech cases.
This suggestion of litigation is nevertheless powerful politically. Kelly's intervention elevates party grievances into the domain of legal conflict, signalling a willingness among Trump allies to explore lawfare, the use of legal systems to achieve political ends, as a campaign strategy.
Five years ago today, Donald Trump urged his supporters to attack Congress and the Capitol over a proven lie. More than 140 police officers were injured.
— Hillary Clinton (@HillaryClinton) January 6, 2026
Trump then pardoned the attackers.
He betrayed his oath and his country, and we won't ever forget it. pic.twitter.com/VEdzgaI3cs
Protected Political Speech
The January 6 attack on the United States Capitol has been extensively examined by courts, Congress, and independent commissions. Clinton's critique of Trump's actions, like those of many public figures, falls within the realm of political speech, traditionally protected robustly under the law. Political speech that criticises a politician's conduct, even harshly, is generally not considered defamatory unless demonstrably false and made with knowledge of its falsity.
Given these realities, attorneys contacted about the viability of a case suggest that any lawsuit brought by Trump against Clinton over January 6 comments would likely face dismissal or summary judgment on grounds of protected speech, absent clear evidence of knowingly false statements.
Megyn Kelly's public urging that Donald Trump consider suing Hillary Clinton marks a new inflexion point in right-wing media strategy and the ongoing battle over how January 6 is remembered and interpreted in public life. Whether the suggestion becomes legal action or remains a rhetorical weapon in the political arena, it reflects the intensity of modern American political conflict.
Trump should sue her for this. It’s patently untrue (urged his supporters to attack Congress??). The BBC is currently getting sued by Trump for basically the same lie. https://t.co/Yh0t79x0HZ
— Megyn Kelly (@megynkelly) January 6, 2026
