January 12th, 2023

On Thursday’s Mark Levin Show, President Donald Trump joins Mark to talk about the soft treatment President Biden is getting for committing actual crimes and mishandling classified documents. The people are seeing how obvious the weaponization of the Department of Justice is now and how law enforcement is doing everything they can to protect Biden while they did everything, they could to attack Trump. Also, a special council has finally been appointed to investigate Biden’s classified documents after a third document dump, and there is already an effort by the press pushing a narrative that compares it to Trump’s Mar-A-Lago raid. Trump was doing everything but obstructing justice – he offered FBI access, were negotiating and did not hear from FBI or DOJ for months until a SWAT team showed up while he was out of town – a grotesque act by Merrick Garland and Chris Wray. There has been no SWAT team, no warrant, and no affidavit that we know of for Biden, and the secret service won’t even release who has visited his house in Wilmington, DE. Garland knew about Biden’s classified documents in his garage at the time he appointed a special council for Trump. The espionage act was never meant to be applied to the President because he has plenary power to declassify, but the Vice President does not have that power because they are not head of the executive branch. They created a criminal process against an ex-president simply because they hated him.

Photo by Joe Raedle

The podcast for this show can be streamed or downloaded from the Audio Rewind page.

Rough transcript of Hour 1

Hour 1 Segment 1

President Trump is scheduled to be on the program next hour, 7 p.m. Eastern time at his propitious it’s coincidental that was set up, I guess, last week for him to come on this evening despite all the information that’s breaking out there right now. Also, I will be on HANNITY tonight at 9:25 p.m. Eastern Time. 9:25 p.m. Eastern Time. And then finally, we have a fantastic life, liberty and Levin this Sunday, 8 p.m. Eastern. If he can’t watch it live, you can always set your DVR now to record it, you know. We have Jim Trusty back A he was on the radio, I guess it was yesterday to talk about what’s happened with the Biden documents and so forth. We have Stephen Miller to get in deeply about what’s going on on the border and how Biden has surrendered the southern part of the United States to the drug cartels. And my opening statement, which as usual, should be a killer, just saying so. I hope you’ll check in. I think it’s one of our most important programs. And I feel that way every week because we work very hard at it. But I hope you’ll join us. Sorry. Let’s get down to this now. First of all, I want to deal with this effort. By the press. Even some who we normally consider friends. And how they’ve taken this narrative to try and distinguish the Mar a Lago situation from the well, we can’t even give it one name are Biden, because they have documents everywhere to the Biden documents scandal. They say, yes, there’s an obstruction issue when it comes to Trump. Because he refused to turn over the documents. That’s not what happened. There were negotiations going on. The FBI knew where the documents were. The FBI had access if they wanted them. Pretty funny obstruction. Here again, President Trump told the FBI and their witnesses to this effect that if you need something, let us know. So he told the mayor of Washington, D.C. and the speaker of the House through his people, if you need National Guard, please let us know. I will authorize it. So it’s completely ignored by legal analysts and others. Trump offered the FBI. You know, if you need more, let us know. So they had been negotiating and then they didn’t hear from the FBI and the Department of Justice for approximately two months. This is exactly what happened. And next thing they know. FBI swatch shows up when the president tonight at Mar a Lago. He’s in New York. And they make a spectacle. This was a grotesque act by Merrick Garland to the Department of Justice and Chris Wray at the FBI, and a grotesque heightening of this matter and pushing it into the criminal realm. And this is why I said and I stick to this, that that whole purpose was to try and dig up dirt on January six. Problem was, there was no dirt about January six. So they they did a fallback on plan B. Plan B was a document case. Now, the Espionage Act was passed in 1917 at the behest of Woodrow Wilson, and he used it in a very hideous way. He prosecuted and imprisoned hundreds of people, prosecuted thousands of people, thousands who disagreed with him on the World War. One effort saying that they were undermining national security and so forth and so on. It’s a very bad period in American history. Woodrow Wilson was a loathsome human being and president. And that law has been in existence ever since, and it has been amended from time to time. It’s never been intended to apply to any president. Any president. And the reason is, under our Constitution, the president is the executive branch has plenary power. And he can unilaterally decide at any time as president what is or is not classified. He can say things that come out of his mouth that he may have in his brain that you might say, wait, that’s classified. And he just told the Russians or something. He’s free to do that to. We have three branches of government and he is the third branch of government. The vice president doesn’t have that power. The vice president is not the head of the executive branch. In fact, nobody really knows what a vice president does other than sitting around waiting to see if something happens to the president, unfortunately. But all that said. That’s a very important point. So I have to take a few little turns here and there. The question is, can a president declassify things on the way out the door and must follow the regulatory process when doing it? The answer is yes, he can and no, he need not. Regulations do not trump, so to speak, the Constitution. Well, how do we know he declassified? Well, we don’t unless he says he did. What if he really didn’t? And he says he did. So we get into these absurd, insane arguments. That’s why this law does not apply to a president of the United States. It doesn’t even make sense. Unless, of course, he takes secret information and sells it and does something like that, which is a violation of a different law. But as a general matter, as a 99% matter. This law doesn’t really apply to a president. It applies to everyone else, but not a president. That’s number one. Number two, the warrant that was used against President Trump, despite what the legal analysts and former federal prosecutors say was a general warrant. It was a broad warrant. It was a search expedition which was authorized by a master, a judge, master, whatever they call them, but not a full fledged judge regardless. And while we’re having difficulties upholding the Constitution in civil liberties these days in our courts, given the makeup of the courts, that’s a fact regardless. And then finally, I mean, these documents. The FBI knew where they were. They told them to put a padlock or another padlock on the lock, which they did at Mar a Lago. Mar a Lago was protected 24 seven by by the Secret Service. And that’s that. But they created a criminal process for this, a criminal investigation against an ex-president because they hate him and want to destroy him. I don’t care if you like Donald Trump or not. That’s not the point. And that is the Biden administration. Now, you would think during this entire time that Joe Biden would want to make sure his hands are clean, that his staff would want to make sure his hands are clean. But they didn’t. They didn’t. On November 2nd. His lawyers are rooting through his office in his closet, apparently, and they find a file marked private that includes classified information of the highest sort with private information. People are wondering why his attorneys were doing that. It’s an unanswered question right now. On November 4th. Excuse me. The National Archives contacted a prosecutor at the Department of Justice saying that office with classified markings were found, a Biden Center office, and the documents have been secured at the National Archives. And this is where the Biden administration keeps patting itself on the back. We followed process. We were in obstructing justice. Trump wasn’t obstructing justice either. You followed process. Biden had these documents for six years. Biden has been in the government now 50 years. Biden knows well the requirements of the rules. Trump probably did not. But that said. He was the vice president. He never had the power to declassify classified on his own. And it’s his Justice Department that’s investigating Donald Trump. And at this point, I want to remind you that my multiple appearances on Life, Liberty and Levin repeatedly behind this microphone on Hannity’s show and other Fox shows, I’ve said over and over and over again that all these presidents, ex-presidents, vice presidents, attorneys general and secretaries of state have done this. And I’ve also taken non-classified documents. And it’s the non-classified documents under the Presidential Records Act that they were trying to concoct some kind of an obstruction case against Trump, like stealing property. That he sold property. He wouldn’t give it back. That statute does not have a criminal. Element or penalty to it at all. Then on November nine, the FBI began an assessment. I believe the election was November eight. On November 14, Garland assigned John Lacoste, the U.S. attorney for Chicago. To undertake an initial investigation. On November 19th. Five days later, Garland appointed a special counsel to investigate Donald Trump. November 19th, I should say. Knowing full well that they were doing an initial assessment of Biden. December 20, Biden’s personal counsel on form lost the U.S. attorney that additional documents were found at Biden’s home in his garage. The FBI went there to retrieve those. That’s December 20th. I have another group of questions before I go on with this timeline. At that point, why didn’t they subpoena all the records? Put down their legal marker, let alone get a warrant. Were any of Biden’s lawyers asked to sign any kind of a declaration under penalty of perjury, as Trump’s were? No SWAT team, no subpoena, no warrant, no affidavit. Nothing as far as we know. He’s got multiple mansions does buy. Have you seen these homes? Today on the video, Mr. Producer, the guy earned a Senate salary. I mean, it’s not what what’s it, 170? 580,000. You can’t afford all these mansions and oceanfront property and robust beach and. The Chinese have been very, very good to Joe Biden, among others. January 5th, the U.S. attorney last briefed Garland on his investigation and advised that a special counsel was warranted. Garland didn’t do anything. He waited. Till today. A week later. But I’ll get to that in a moment. He waited. Does it sound. Like they were all hyped up and worked up about this now. Does it sound like it was a five alarm fire? Like they applied a five alarm fire to Mar-A-Lago and President Trump. Does it sound that way? No. And it was all kept secret for two months. Secret? The FBI’s involvement is limited, as it was now, to to. Discoveries of documents, including in his garage. No leaks. Secret. Secret. So what happened? We’ve talked about that January sun last Sunday on Life, Liberty and live in my interview with Mr. Comber and to the Homeland Security Committee. I asked him about the National Archives documents. I told him that I guarantee him I don’t believe for 2 seconds that other presidents and vice presidents that they hadn’t done what they tried to pin on Donald Trump. He said they were going to investigate it less than 24 hours later, January 9th, this Monday. It was leaked to CBS that they had some documents. The first batch. That’s all we heard about. Next day, NBC, there’s a second batch. Today, Merrick Garland indicates in a very fast paced comment that there’s actually another document they found on January 12th. And so it took a week for him to appoint a special counsel. More when I return. We’ll be right back.

Hour 1 Segment 2

President Trump will be with us in about a half hour. Hakeem Johnson, the infamous. No, I’m not talking about him, Hank. Hank Johnson. I mean, I’m sorry. Hank Johnson, the infamous. The other one’s infamous, too. With Fox News today. He’s got an idea. Create. Go, please. My response to it all is that alleged classified documents showing up allegedly in the possession of of the document. Joseph Biden. You know, I mean, there’s so much that needs to be investigated. And and that’s that’s what I call for is for everything to be investigated. But I’m suspicious of the timing of it. I’m also aware of the fact that things can be planted on people, places and things can be planted or things things can be planted in places. And the guy that said that Guam was sinking because it was too heavy or something.

Hour 1 Segment 3

One of the things we heard for an hour, hour and a half during the the spokes idiots comments for the idiot president was that he takes this document issue and the security of classified documents very seriously very seriously. So our friends at town Hall have made a montage of this. And this is just from today. Very seriously. Go. He takes classified information and materials seriously. He takes classified documents and information very seriously. I just want to make sure that this is understood that he takes this very seriously. But again, this is something that the president takes very seriously. And again, he takes this very seriously when it comes to classified information, when it comes to classified documents. What I can say is what I’ve laid out, which is the president takes this very seriously and I’ve said this multiple times already. We take this very seriously. The president takes this very seriously. Again, classified information, classified documents he takes very seriously. Again, this is something that the president takes very seriously when it comes to classified information, when it comes to classified documents. Look, I just want to underscore that this is something, again, that that the president takes very seriously. You have said repeatedly, the president has said he takes classified documents very seriously. He takes that very seriously. What I can say for sure when it comes to this specific issue about classified documents, about classified information, he takes that very seriously. He said that he he respects or he takes classified information and documents very seriously. That’s what he said. And again, you know, we take this very seriously and the president does as well. All I can say is the president has been very clear on this. He takes this very seriously. Thank you, everybody. Well, he doesn’t take it very seriously, no matter how many times she’s told to repeat it. According to NBC News, multiple Biden aides have been interviewed by federal law enforcement, a classified document revealed. Let me explain something. The goal here was to get this looked at as fast as possible and sweep it under the rug to broom it. That was the goal. And then two things happened. That screwed that up. Number one, you have a Republican majority that finally picked a speaker. And my interview of the incoming chairman of the House Oversight Committee, who made it abundantly clear he’s looking into this stuff. So they tried to get ahead of it and they leaked it. And number two, this U.S. attorney. From Chicago who apparently did a preliminary report and recommended the appointment of a special counselor. Even that Merrick Garland sat on that until a third. Document was found in another part of Biden’s house. Then I sure hope they went through Dr. Jill’s underwear drawer. Tell you, Mr. Producer, because we all know that’s where first ladies hide documents. It is interesting. There’s been no subpoena, no warrant, no surprise investigation. The private lawyers are in charge of everything. Isn’t that interesting? But with Trump, he never gets the benefit of the doubt. The special counsel is a former assistant U.S. attorney and so forth. He looks to have a good legal pedigree, but the guy they picked to investigate Trump, of course, is out of The Hague, who used to prosecute, prosecute genocidal war criminals. See the difference? Who has no understanding of the United States Constitution, who went to the wall against Bob McDonnell, who was the former governor of Virginia and was repudiated. Was this prosecuted by the U.S. Supreme Court in a unanimous decision? Throwing out. His guilty sentence. And so apparently that impressed Merrick Garland, and he wanted to use him against Trump. Now, here’s Hakeem Jeffries at a press conference today. Also very, very intelligent, like Hank Johnson, in my view. Cat nine go at full faith and credit in President Biden. Let’s stop right there. Your full faith and credit in President Biden. What do you mean you have credit? So he knows he’s heard that phrase before. Harkin. I call you Harkin. We’re going to have a long relationship over the next two years. I think I should. He’s heard that phrase before. It’s in the Constitution. It’s in the 14th Amendment. Full faith and credit. That has to do with at the time the Confederacy. And that the payment of bills and so forth and so on, and fighting the Civil War and with the Confederacy that the full faith and credit of the United States will be used to pay these these bills from the union side. It’s nothing to do with budgeting today, and we’ll get to that when the fight takes place, as I’m sure it will and should over raising the debt limit, as we have talked about that year after year. But full faith and credit. Is utterly misapplied by. Hakeem Jeffries. When it comes to this. I have full faith and credit in the president. You have credit in the president. It’s pretty stupid power. All right. Let’s start at the top. Go at full faith and credit in President Biden. Believe that he’s doing everything to take the appropriate steps to determine what happened and how to move forward in a responsible fashion. Why do you have full faith and credit in President Biden when he had these documents for six years in three different locations, including next to his Corvette in his garage? But don’t worry, the garage was locked. Is that what the statue says? The Espionage Act. You can. You can put top secret skiff related materials in your garage as long as it’s locked. And also keep in mind something we talked about a few months back that they will not release his visitors who come to his home in Wilmington. The Secret Service will not release him. We don’t even know if they keep that list. Well, wouldn’t it be important to know that now? I think it would be important to know that now. They don’t want us to know, I think because of medical reasons. That’s why they won’t release the raw medical reports. That’s why they won’t release the list of drugs that he takes because the man is Handi is mentally handicapped. That’s why I don’t say that to make a joke. He is. It’s obvious to the whole damn world. Go ahead. Then he will continue to do so. What does it say to you that documents have been found in another location? Again, I haven’t been briefed on the full set of facts in this regard, but I have full faith in President Joe Biden. That’s all that matters. He’s got his talking point. He has full faith and credit and now just full faith in Joe Biden. That’s all. So over. What’s a big deal? It’s all different. Trump’s guilty. He was obstructing Biden’s innocent. Poor, dumb bastard doesn’t know when he’s, you know, awake or asleep or when he’s walking in the doors and so forth. They have Ayanna Pressley on CNN today. She is the lady without the hair and apparently she has some kind of medical condition. Well, I don’t have hair, but I don’t have a medical condition. But that’s a whole nother story. Now, that said, remember, she’s a commie. But look how they fall right into line as Democrats behind the Democrat Party and all the rest. Look how they do this. Cut ten. Go. Are you concerned about the way that President Biden has handled classified documents? Well, I’m learning about this in real time, just like you are. So I don’t have any unique insights. But what I would say is that the president has been moving with cooperation, moving proactively excuse me, moving with integrity, which is more than I can say for the twice impeached former occupant, Donald Trump. Oh, there you go. There you go. They don’t even have all the facts yet in the facts that we already have are damning. But he says, you know, now imagine if the Democrats controlled the House today. If there’d be any oversight, there’d be nothing. Where are the Republicans in the Senate? Does anybody know? They’re not in this week. They can still speak. You know, we have what’s called modern technology. They can still speak. Are they speaking? Almost none of them. Almost none of them. Because they’re liberals and they’re a disaster. They want to get along. It’s about bipartisanship. Whereas Mitch McConnell bendit, he put out a statement, not that I’ve seen with his buddy Biden. No, he hasn’t put out a statement. He hasn’t done anything. But if it were Trump, he’d be right on him in 2 seconds. Mitch rhymes with. You know what? No, no, I meant it. But yes, it does. Go ahead. Concerned, though, about how long it took to find out about this, because they found these documents back in November, about a week before the midterm elections. We just now found out that they found them in recent days. Again, the president is moving with. He’s being cooperative. He’s moving proactively. He’s moving with integrity. And, you know, again, there’s there’s no no equivalency here. This is nothing like how the former occupant, Donald Trump, the twice together former occupant, Donald Trump, you moron, your left wing Marxist kook, the former occupant. She comes to Biden’s defense. Does it matter what they find on Biden for the Democrats? Ladies and gentlemen. They march in order. As they click their heels. And raise their leg one leg after another in their special Democrat Party march. Does it matter? Power, baby Power for power is sake. That’s it. Go ahead. Former president move. Okay. But you’re saying, Congressman, you don’t have any concerns about how President Biden has handled classified information. I’m learning about this in real time, just like you are. So I don’t have any unique insights. And shut up, you idiot. And you absolutely don’t have any unique insights. And you never do. You schmo. That’s right. I’ll be right back.

Hour 1 Segment 4

We have a live interview scheduled with President Donald Trump. No taping. No recording. A live interview in about 15 minutes. That will after 7 p.m. Eastern. Hope you’ll join us. All right. Carrie Cordero, CNN, legal and national security analyst. Why? I have no idea. But she must know something, right? Otherwise, she wouldn’t be on CNN with Adam Kinzinger and the guys, Carl Levin, go as to whether or not the existence of this investigation for President Biden’s documents impacts the investigation of former President Trump. An answer to that question should be no. Oh, as a theoretical matter and sort of from a purist Justice Department perspective, the facts should be analyzed for each case separately on the facts. All right, let’s stop. The facts are analyzed separately. That’s fine. But the Justice Department has to apply justice equally. So one case can’t ignore the other in terms of what they emphasize, in terms of prosecutorial discretion and what they don’t. And they need to also take into consideration the public interest. They’re public prosecutors. Now, that’s sad. This is why I started out addressing this issue where they keep trying to make this distinction of obstruction. President Trump and his team did not obstruct justice. I don’t care if there’s a future indictment of a staffer or whatever was signed a document they were negotiating in good faith with the Department of Justice. They didn’t hear anything for about two months. And all of a sudden the FBI SWAT team is there because they went and they got a warrant. That was utterly and completely outrageous and utterly and completely unconscionable. And so they keep bringing up obstruction, obstruction, obstruction. Meanwhile, we still don’t have nearly all the information related to Biden. And they’re going to they’re going to sweep it all under the rug because of this special counsel who should have been appointed. But now they’re going to hide behind that and they will not leak information against Joe Biden unless they’ve decided it’s time to take Joe Biden out, unless it becomes too much of a problem. And they’ve decided they don’t want him to run for re-election. We will keep an eye on this. Go ahead. The timeline, the volume. We still have more to learn about the nature of the document in the body. The volume has nothing to do with anything if you have one. Top classified document. That’s one document. Enough. Notice when they talk about the cases aren’t the same. They never mention that a president of the United States. Has all the authority in the world when it comes to classifying and disclose and declassifying. And the vice president does not. And that that is an issue that has been raised by me and by the president’s lawyers. And no, not in relation to me, but they’ve raised it themselves. I raised it. On TV, on radio and so forth. So she doesn’t mention it. Go ahead. Certainly the cooperation piece is completely different as far as what we know. Certainly, former President Trump did not cooperate and, as you said, can be alleged to have obstructed that. No, he cannot be alleged to have obstructed anything. See what the problem is? These phony, corrupt reporters are mouthpieces for the Democrat administration and the federal government. That’s what they are. Now the late great Ken Starr, who was a dear friend of mine. And we miss him so much. He would tell you this. They attacked him and attacked him and attacked him every step of the way. But when it comes to Trump, anything goes. They should never have ever criminalized this. Never. And my point also is, and I’ve been saying this, I want to know about Obama and Gore. I want to know about Bush and Cheney. I want to know about Clinton, the big dumb one. Well, they both are big dumb ones. But I mean, Bill. I want to know about former attorney general. Former secretaries of state, former cabinet members. Former secretaries of defense, the head of the Joint Chiefs. I just want to know. About Kelly, Kelly and Mad Dog and and all the rest of them. Did they take any documents, classified or unclassified? Did they? Has anybody asked them? I asked this question when they were targeting Trump. Turns out Biden did. But he’s not the only one. Trust me on this. He’s not the only one either. And everybody in the government knows I’m right. And everybody who’s ever worked in the government knows I’m right. When we come back. Scheduled to be on the program live. Former President Donald Trump, who will be commenting. I’m going to raise this issue of Biden in the documents exclusively for the first time. We’ll be right back.