September 2nd, 2022

On Friday’s Mark Levin Show, why did former AG Bill Barr stay with the Trump Administration as long as he did if Trump was as bad as he said he was? Barr erroneously assumes that the appointment of a Special Master for the FBI raid is a red herring when the issue at hand is the protection of privilege or one’s fourth amendment right. If privilege simply didn’t matter then it wouldn’t be part of the Presidential Records Act. Then, this program will never defend the people that broke into the Capitol on January 6 and attacked cops. However, the greatest war this country has ever fought was the Civil War. Abraham Lincoln’s second inaugural address preached unity and reconciliation for the nation when he said “With malice toward none and charity for all.” Lincoln didn’t condemn the confederate Democrats or mention the names of political opponents because he didn’t want to even the score, he wanted to keep the nation together. By contrast, President Biden’s speech did the exact opposite. Afterward, Sen. Ron Johnson calls in with an update on his senate race. Johnson also called out the FBI for corruption when they presented phony briefings to senators to smear them. Johnson contends that the FBI has done more to meddle in US elections than any foreign enemy has.

Photo by Anna Moneymaker-Pool

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Rough transcript of Hour 1

Hour 1 Segment 1

Wow. Lots to talk about. You know, yesterday we dealt with Joe Biden live. So I just think we’ll be repetitive to spend the entire show talking about him again today. Joe Biden is everything I said he is. He’s everything I have posted about him and I have dealt with him for years. Mr. Producer reminds me, this is my 19th year. Tom WIBC in the 6:00 p.m. slot. 19TH here, and you should see all the wonderful telegrams I’ve gotten, Mr. Producer. Flowers, cakes, gifts. Oh, my God, it’s almost overwhelming, but I’m here because of you, the audience, ABC and all over the country. And one of the thank you very, very much, I want to move the show slightly in a different direction, then we’ll get back to these released documents. Former Attorney General Bill Barr has been all over TV, if you noticed. And why? Why, I guess the same reason Nicolle Wallace is all over TV. For the CNN, Republicans are all over TV. He’s a never trump enough bill bar. And the thing that’s strange is I thought I knew him pretty well, but he’s very disgruntled and he was either resigned or fired, depending on who you listen to in December. In December. So he was in the administration from the time he was appointed quite some time. Fact a long time, and so if Trumper all the things he says he was, why did he hang on so long? It’s hard to understand. And so he’s on Fox today. Pretty much he goes unchallenged. And so listen to this. Let’s start CuDeco. I think the whole idea of a special master is a bit of a red herring. The only documents that have been taken, it seems to me that there’s a legitimate concern about keeping away from the government and insulating the government from would be documents relating to his private lawyer, communications him as an individual and as outside lawyers. If there’s stuff like that, fine, identify it. There doesn’t appear to be much of it. I’m not sure you need a special master to identify it, but what people are missing is that all the other documents taken, even if they claim to be executive privilege, either belong to the government because they’re government records, even if they’re classified, even if they’re subject to executive privilege, they still belong to the government and go to the archives and any other documents that were seized, like news clippings and other things that were in the boxes containing the classified information. Those were sizable under the warrant because they show the conditions under which the classified information was being held. So I think it’s a red herring. I think it would at this stage, since they’ve already gone through the documents, I think it’s a waste of time. And I think he couldn’t be more of. Because you’re making an awfully big assumption there could be privileged documents, their attorney client privilege, there could be attorney work product there, that could be confidential communications that have absolutely nothing to do with attorneys and other private papers. And your assumption is that the government will make the final choice and the only choice. Now, one reason you would have a special master there is to go over what the government did segregate. It’s not a red herring. And because the government says it finished and now they’re moving on to an intelligence review, even though they knew this judge was partial to the appointment of a special master, doesn’t mean everybody else should be in a rush to finish it up either. What is what is the hurry here? But that’s a red herring you see, protecting somebody privilege, attorney client privilege. Even the judge said yesterday, more correctly than bar, that when it comes to the issue of executive privilege, when it comes to the issue of executive privilege, we don’t really have a Supreme Court decision on point when it comes to a former president. But according to Barr, it doesn’t matter because it’s government property, but it does matter. Because even in the Presidential Records Act, the ability to raise the issue of executive privilege is there. So that’s not an ownership issue. But there are ownership issues in terms of possession. In terms of possession and he’s saying, you know, and also all this other stuff that’s with the classified information goes to how the classified information was treated. Well, if you’ve already taken the position, Mr. Barr, that the fact of the documents existing at Mar a Lago violate the law than the condition they were treated in and so forth is irrelevant. Doesn’t matter. Cotinine go, I think the driver on this from the beginning was it was loads of classified information sitting in Mar a Lago, people say this was unprecedented. Well, it’s also unprecedented for a president to take all this classified information and put them in a country club. Let’s stop. That’s not actually not a country club, but that’s OK. The country club is not Mar a Lago, but let’s put that aside. That’s his home also. But it is unprecedented and no, it’s not unprecedented because Hillary Clinton had a crap load of classified information in her home and your buddy, James Comey, he had classified information in his home and they also had unclassified information in their home. And there never was a search warrant. Furthermore, as everybody listening to this show knows, and Bill Pargneaux to Hillary Clinton and her team did obstruct justice by the destruction of materials. As I did, in my view, Jim Comey. Now, so context is important, and they’re not former presidents. So if, in fact, this is why the FBI decided to act, Mr. Barr, then why didn’t the FBI actually do something? There wasn’t a search warrant issued to search Hillary Clinton’s home in Chappaqua. Our James Comey is home, I guess, in McLean, Virginia, or wherever the hell he lived. Go ahead. And how long is the government going to try to get that back, you know, they jawbone for a year, they were deceived on the violin? No, they jawboned with Nixon for years and years, but they were deceived. Go ahead. Actions taken. They then went and got a subpoena. They were deceived on that. They feel and the facts are starting to show that they were being jerked around. And so how long how long do they wait? A while longer than this. And you have no idea. When that attorney signed that certification, first of all, that attorney did not certified a personal knowledge. Remember that, Mr. Producer? I read the first sentence, but that’s a fine point for the attorney anyway. But secondly, why do you assume that that was intentional? You yourself just said that they had documents mixed in with other stuff and so forth. And maybe that’s why they needed more time. They don’t have the staff of the Department of Justice and the FBI, but again, it’s your assumption that something crooked was done here, that they’re being jerked around. It’s called a negotiation. Cut 10, go there any legitimate reason for those materials to be in the former president’s possession? No, I can’t think of a legitimate reason why they should have been could be taken out of the government, away from the government if they’re classified. I, frankly, am skeptical of this claim that I declassified everything, you know, because, frankly, I think it’s highly improbable. And second, if, in fact, he sort of stood over scores of boxes, not really knowing what was in them and said, I hereby declassify everything in here that would be such an abuse and that shows such recklessness that it’s almost worse than taking the. And you see you see he is. He is he’s trying to get even he’s become unhinged and obsessive, and so I have a question for Attorney General Barr listens to this program from time to time, and you’re free to call in. Sir, when you were attorney general of the United States, you were attorney general twice. But let’s go for the second time when you were attorney general of the United States under Donald Trump. Did you ever take classified information and read it while you were in your car, while you were being chauffeured from here to there? Did you? That’s a violation of the Espionage Act. Did you ever take home classified information just to review it, to read it, say, overnight, maybe over lunch, over the weekend, because you wanted to bone up on whatever was being provided? Did you ever do that? That’s a violation of the Espionage Act. That’s not a secured place and you know it. If you were to testify under oath, perhaps in front of a grand jury about whether you had ever done that, Mr. Barr, what would you testify? And what about your drivers and your security detail and your staff and others, if they were put under oath and forced to testify in front of a federal grand jury, what any of them ever say, they saw you with classified information outside a government. Determined safe place. What would they say, does it matter if there’s tons of classified documents, could be one page because ladies and gentlemen, there’s classified documents and there’s classified documents. I’m not making excuses. I’m just saying the amount isn’t really the issue. The substance is the issue. As far as I’m concerned, so for Bill Barr, the special masters are red herring that Trump caused all of this because of all the documents he took, that he was jerking around the FBI. He didn’t need to negotiate anymore. And there’s absolutely no reason why he had these materials that Mar a Lago and Bill Part doesn’t even know of. Some of these things were picked up by the GSA or somebody else. He doesn’t have any idea. None of us do, but it doesn’t matter. It doesn’t matter. And so you’ll see him more and more. John Ratcliffe, former director of National Intelligence, he was on Fox News and here’s what he had to say. Cut 11 go. You presided over a lot of cases. I was a former federal prosecutor, the United States attorney. Let me tell you what this is about. Good prosecutors with good cases play it straight. They don’t need to play games. They don’t need to shop for judges. They don’t need to leak intelligence that may or may not exist. And in this case, this tells you that the government didn’t find what they were looking for. There weren’t nuclear secrets and Melania Trump’s underwear drawer, and they’re trying to justify what they’ve done. They’re not playing it straight before the American people. And I think that that’s going to I think that that’s going to play out. Mm hmm. What do you think of that? Didn’t find what they were looking for. They didn’t find what they were looking for more when I return. I’ll be right back.

Hour 1 Segment 2

The Presidential Records Act has no enforcement mechanism. It really took a close look at it in the legislative history, as a matter of fact, and it has no certainly no tool to prosecute anybody. It’s not a criminal statute. Why is that, Bill Barr? Why is that? Why is it. It’s for obvious reasons, not only raises constitutional issues, this thing is to be negotiated, and I think about this in a broader context. America, we’ve got a president of the United States now who is going to spend up to a trillion dollars on welfare for the wealthiest on student loans that they took out. And he has no legal basis to do it. That seems like a big deal to me. We have a border that’s wide open where the immigration laws are not being enforced. And one hundred and ten thousand people died last year from the fentanyl coming across that border produced by the drug cartels and communist China. One hundred and ten thousand, twice as many people almost as died in the Vietnam War. We’ve got crime through the roof, murder rates, it unbelievable drugs. We have parents targeted by the Department of Justice and the FBI. And when you step back, Delbar, and you look at this and when you step back and you think to yourself, what the hell is going on here? We’re dealing with documents. Documents are marked there. I know what they are. I know what they are and the idea that we go outside, you know, a clubhouse, you know, cop club, the Secret Service agents there, ladies and gentlemen. Try getting in to Mar a Lago without permission. So this is really, really completely blown out of proportion. It is. He’s being treated worse than Hillary Clinton and James Comey. I want these former federal officials to have to testify somehow under oath that they never took classified information home to review over the weekend or in their cars. I got to hear this. I’ll be right back.

Hour 1 Segment 3

And I want to underscore something here. The Presidential Production Act is not a criminal statute. It does not have the criminal penalties. And yet the Department of Justice in the FBI are trying to turn it into a criminal statute. So they move to obstruction and they move to the Espionage Act. That’s sort of what they’re trying to do. And it’s a constant moving ball. You could hear it with Bill Barr. You can hear it with some of the other legal analysts. Even on my favorite network, Fox, he definitely heard on the other networks, which is we go from the Espionage Act to the Presidential Records Act to obstruction. First they were building an espionage case, then they’re building an obstruction case. Even though the Presidential Production Act is not a criminal statute, you see their efforts here to go way out of their way to try and take down a potential future Republican candidate because they fear him. And as I said, when you really step back and look at this, they don’t like being screwed around with kind of a jackass comment is that oh, I’m sorry. The Democrats are hiring eighty seven thousand more IRS agents. That’s OK, they’re undermining the Border Patrol and the ice, that’s OK, no big deal. They have the committee, the January six committee that has no none whatsoever appearance of any integrity in terms of process. And then you have these massive violations of federal law in the Constitution when it comes to separation of powers. You have the homes of Supreme Court justices still. Subjected to campaigns of threats and noise at night in violation of federal law, not a single person prosecuted and there is actually a criminal law, the presidential records, the Presidential Records Act is not a criminal law. All this crap that they’re talking about, taking it completely out of context, driving it up a poll like this is it. Ladies and gentlemen, we got to get this. This is it. They have no evidence of destruction. They don’t even make any claim. We learned later that when they talk about documents being moved, we think they’re talking about three classified documents and President Trump’s draw. Well, it’s not safe there. I don’t know if you’ve ever been in his office at Mar a Lago. He’s protected by Secret Service, for God’s sakes. I’m just making a point. This is totally blown out of proportion. Completely blown out of proportion. All of it. And for a reason. Now, if Congress wants to change the presidential records act with criminal penalties and all, then Congress gets to do that. Not the attorney general, not the FBI director, not the US attorney. And you’re going to have a hell of a tough case on obstruction, which I should have mentioned, when, in fact you had all this back and forth between attorneys. And access to the box under a prior subpoena. That’s the best they can do as certification signed by an attorney with the attorney himself or herself doesn’t even swear based on their own firsthand knowledge. That’s it. No, they obstructed the Presidential Records Act, seeking to bring in another statute to try and criminalize this. Unbelievable, really pathetic. And to see Bill Ba lowering himself stupid, I really used to like him. I really did. But it’s really up to the last week or two. His book kind of turned me off and then the way he testified not to the truth of his testimony, but he was very excited and almost celebratory in the way the clips show him testifying in front of this January six commit. Absolutely. Tell the truth. Fine. But you seem to love it. And of course, we know, or at least I do you don’t know, that he and Mike Luttig, former federal Judge Mike Luttig, are best buddies. Look, Michael Luttig and I used to be best buddies when I was in law school. I I was an intern for Chief Justice Warren Burger. And Mike Luttig was a clerk for Chief Justice Warren Burger. At the same time, it was a clerk two years in a row. They were like father and son. And I was a huge fan of McLaury. And I believe what Ludic and Barr knew each other from the George H.W. Bush days, that one worked for the other, I think I think Barr hired Luttig something to that effect. But it doesn’t matter. Does it matter? So their goal now is to stop Trump from running, getting nominated and getting elected again, that’s their goal. That’s their goal. That’s not my goal. My goal is there needs to be integrity in this process. And there’s not. Look here, it’s January six committee, they demand people turn over their emails, they demand people turn over their texts, they demand they give testimony with no strings attached, and they leak just as the FBI has been leaking against Trump. And here it is. It’s all over the headlines again. They’re gone after Clarence Thomas wife, Ginni Thomas, wife of Supreme Court justice, urged lawmakers to overturn Trump election laws in Wisconsin. Report says now I’m sure Bill Barr, Mike Luttig understand that a president isn’t a president until Congress meets and votes. On accepting or not accepting the electors. You’re not president because you win the popular vote in a state here, there. Yep, that’s that that’s not how the Electoral College works, but that’s beside the point. The media keep doing this, the word insurrection, the word that Ginni Thomas wanted to overturn a presidential election. Virginia Ginni Thomas, they write CNBC, the wife of Supreme Court Justice Clarence Thomas, by the way, who’s the husband of Sotomayor, does she even have one? Do we even know? I don’t know. You know who was the wife of Briard, is anybody? I don’t know who you married. How about Kagan? No idea, and yet we know all about Ginni Thomas, why? Because she’s an independent woman and a conservative activist and you’re not allowed to do that if you’re an independent woman and a radical left wing activist. That’s OK. Well, anyway, she e-mailed Wisconsin Wisconsin legislators in November 2020 and asked them to effectively reverse then-President Donald Trump’s election loss to Joe Biden in the state. Now, that’s not a quote. That’s how Dan Manka decides to write it. It was already known that the conservative activist Ginni Thomas had contacted legislators in Arizona with a similar request, at the same time seeking to undo Biden’s victory there. Those states sent Biden electors to the Electoral College as he won the popular vote in both states, the Electoral College then named him the winner of the 2020 vote. And so they say Washington Post first reported Thursday that she wrote to Republican legislators in Wisconsin, so they’re leaking to The Washington Post. State Senator Kathy Bernier and State Representative Gary Tashan on November nine, twenty twenty eight, at virtually the same time, the Arizona lawmakers received a verbatim copy of the message from Thomas, unquote. Thomas sent the emails days after Trump refused to concede the election to Biden, vowing we’ll be going to the Supreme Court. The subject lines of our message read, please, to your constitutional duty. And you know what I say when I read this, Sawat? She’s a citizen. She wrote the. So what? Documented, documented, obtained the emails. That’s how they wrote it, three request under Wisconsin’s public records law. The group posted a copy of the emails online later Thursday. The report comes more than a month after Liz Cheney said the select committee investigating the pro Trump riot at the US Capitol was considering issue a subpoena to Ginni Thomas. The pro Trump riot. They have no DNA, no fingerprints, nothing. That Trump caused this right in any way. They make insinuations, they make allegations, they give opinions, they’ve been at this, I would say bulbar. They’ve been screwing around with this for now, what, two years screwing around with. They have nothing, and it’s been a one way street, there hasn’t been any ability for another side to object to what they’re doing. The lawyer for Tom Thomas and a spokeswoman for the Supreme Court did not immediately respond to requests for comment. Why should they? Here’s the here’s the nub of the matter, Thomas’s advocacy for conservative causes while her husband serves on the high court has generated controversy in recent years. No, it hasn’t. It’s phony, fake, it’s not controversial, she’s an independent woman. And so the entire paradigm here, the overturning of an election. Obstruction, seditious conspiracy. Insurrection. It’s amazing. Absolutely amazing. While the Democrats are trying to destroy our electoral system, while the Democrats are trying to destroy separation of powers and the independence of the Supreme Court, while the Democrats are destroying even any notion of citizenship with an open, wide open border, while the Democrats have unleashed criminals in our streets because they refused to support the cops. That’s right, ladies and gentlemen, you have to fear Ginni Thomas. Ginni Thomas. Now, they have an advantage here, they do on the radical left, they have her emails and texts and so forth. What are we going to see? The emails and texts of Adam Schiff. Of Raschein. Of Benny Hill Thompson. A Pelosi of Hoyer, a Schumer, wouldn’t you love to see those? What do they say? This Lizzie Chaney, Adam Headcase, Kinzinger. What about those? What do they say, huh? I don’t know. But we ought to be able to see them, don’t you think? Well, they don’t apply the FOI act to the House of Representatives or the Senate. They’ve exempted themselves. But that said, when the Republicans take over, they darn well better pursue this so the American people can see exactly what’s taking place here, where the real insurrectionist, the real insurrection. But don’t worry, Delbar is going to be out there telling you that Donald Trump, his violation of the Presidential Records Act, my God damn, I’m dead to rights. It’s that greatest threat this country faces. And it’s good that the FBI did what they did and it’s good that we had a search warrant and it’s good that he’s going to be indicted. Yes, this is all to the good. Cannot be right back

Hour 1 Segment 4

I want to be clear with you, my beloved audience, so there’s no confusion. I don’t care about all the miscreants and malcontents with their websites on you. I care about the attack on the Capitol building on January six. Those who were violent, who broke in, who attacked the cops, you will never find me defending them. Ever, ever, period. Not then. Not now. Not between then and now. Period. What you find me defending are the people who didn’t commit acts of violence, who were waved into the building, who are on the property, that is the grass outside who Romdhane didn’t know what was going on and then left. Having the book thrown at them, that’s what I speak out against. Period. People have disagreements over this 2020 election, what took place in this state or that state and so forth and so on, you’ve not heard me talk about machines. You’ve heard me talk about ballots. Well, you’ve heard me talk about its efforts by the Democrat Party not to strengthen our voting system in the sanctity of our voting system, but to weaken it in order to favor their candidates and their party. That’s why they brought over 300 lawsuits in these various states. That’s why their partisan state courts and partisan governors. Change the laws in violation of Article two of the Constitution, which professors on the hard left are now saying doesn’t mean what it means. So my problem with Bill Barr and people like him isn’t that they. Refused to challenge this or challenge that or challenge this or that’s not my problem. My problem is today. When we as a nation. Are truly facing tyranny. By the Democrat Party. And that the never Trump have thrown in with the Democrat Party. Because of their own passions and obsessions and unhinged emotions that this country, in order to remain free and prosperous and a republic. Needs to be protected from them and needs to be protected from their Department of Justice and needs to be protected from their FBI and needs to be protected from their CIA. Those words would never have crossed my lips, but for the last five years. And I see what they did to parents in Loudoun County. And I see how they sued state legislatures trying to fix their voting systems. And I heard what Joe Biden had to say last night, and I know they want to destroy the filibuster and I know that they threaten those Supreme Court justices and on and on and on just because they wear ties and jackets and a hundred and fifty dollar hairdos and haircuts. Does it mean they’re out they’re not out to destroy this country? That’s what I resent. With Barr and the others. That they’re not joining a fight to save this country. Instead, they’re piling on. That’s my problem. I’ll be right back.