April 27th, 2023

On Thursday’s Mark Levin Show, a dangerous precedent is being set for a U.S attorney or Attorney General to impanel a grand jury and subpoena documents and witnesses to the satisfaction of the counsel, and the way the media is framing it is nothing but propaganda. Jack Smith had Mike Pence testify against Donald Trump in front of a federal grand jury because a case is trying to be made that Trump spearheaded an effort to overturn the 2020 election and obstruct the transition from one administration to another. This is a horrendous criminalization of the political process and would never have been done to Obama, Clinton, Carter, or other Democrat presidents. There is no place for the criminalization of this matter, and only became one because of one man – AG Merrick Garland. Meanwhile, Sen Dick Durbin is demanding that Chief Justice John Roberts testify about the ethics of the Supreme Court, raising issues with Clarence Thomas and Neil Gorsuch. Congress is not free to intimidate Supreme Court justices, but Democrats are desperate to do it by trashing the Constitution. We are witnessing a police state, people who wrap themselves in the Constitution but are unleashing this assault on our Constitutional system. Also, once you have the ability to claim control over the climate, you have begun to create a police state that can dictate what appliances and how much energy people can use, and that is exactly what Democrats are doing. Automobile manufacturers are losing billions shifting to electric vehicles that nobody wants because of regulations from the EPA. We are living through a quiet insurrection through government regulations controlling every aspect of our lives.

Photo by: Joe Sohm/Visions of America

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

Rough transcription of Hour 1

Segment 1

Despite efforts to intimidate me. Base some of the Democrat Party media platforms out there. I will continue to make my points about the Constitution, including the following. The decision on January six. That was before the House of Representatives and the US Senate. That is Congress. With the vice president serving as. President of the Senate overseeing the counting of electoral votes. Is purely 100% a political matter. There is no place whatsoever, none for prosecutors, FBI investigators or anybody associated with the. Federal law enforcement. None. The decision about, quote unquote, fake electors, the decision about going back to states. Any potential decisions about how to handle the electors or the election. Belongs to the United States Congress. There is simply no role built into the Constitution. None. Four branches of the executive branch. To make determinations about the conduct of the campaigns of the candidates. There’s a difference between. Flat out graft bribery. Understandable crimes, payoffs and so forth and so on to influence an election. But there is no constitutional authority, no standing whatsoever. For an attorney general, for a U.S. attorney, for a special counsel to be conducting grand jury proceedings. Grand jury proceedings to second guess. To make determinations. About political matters taking place in the state legislatures. And taking place. In the halls of Congress? None. This has never happened before. Ever. And there have been many contentious elections. Many. Including 2000. Including 1800, for that matter. And a precedent is being created here, that is. Gravely dangerous. We’re an attorney general or a U.S. attorney. Can make a determination on their own. On their own. To empanel a grand jury. To call witnesses did subpoenaed documents. Did determined to the satisfaction of the U.S. attorney, or in this case, the special counsel overseen by an attorney general. And whether they believe a law was violated. And the laws that they’re referring to. We’re never passed by Congress in contemplation of anything like this. That is, that they would be used under any circumstances connected to or associated with an election. And the way the media continue to frame this. Which if there was an effort to overturn the 2020 election. Is nothing but propaganda. When Democrats in 2000 went to the floor. Demanded recounts. Demanded that the votes out of Florida not be counted. What was that? When Democrats. Went to the floor. Went to the floor and demanded a 2004. That the votes from Ohio not be counted. What was that? When Democrats went to the floor. In 2016. And insisted. That the election of Donald Trump. Should be voided because of so-called Russian influence. What was that? When there was an effort in this country. And this battle went all the way to the Supreme Court to try and persuade. Republican delegates to flip to the Democrat presidential candidate. What was that? When there was an effort in 2000. To endlessly litigate in the most partisan counties in Florida. To bring these cases to the Supreme Court of Florida, which was all Democrat. To overturn the election laws that have been passed by the state legislature and signed by the governor. What was that? Congress makes the ultimate determination. Congress could have even overruled the U.S. Supreme Court in Bush versus Gore. Because Congress has the final say, uniquely so. Importantly so. Crucially so. When it comes to determining in the end. Who the president and the vice president of the United States will be. Why do you think the left opposes the Electoral College? There’s a process that’s set up. A U.S. attorney, an attorney general, special counsel called them whatever you want. They can’t intercede in that process to make determinations if they’re uncomfortable with efforts that were taken. With other electors potentially. If there are issues that are to be raised. About whether electors are fake or not, whether they’re legitimate or not. Those issues go to the floor of the House of Representatives, whether it’s a joint meeting of Congress. And those issues are decided. By Congress. That’s the Constitution. And so now we have a situation. With a former vice president of the United States. Is compelled to testify in front of a federal grand jury in Washington, D.C., at the behest of a so-called special counsel with connections to the Obama. Family. And he wants them to testify against Trump. Against Trump. We have lawyers that represented Trump forced to testify in front of that grand jury. Because the case is trying to be made and ultimately. Potentially will be made. That Donald Trump spearheaded an effort. To overturn the 2020 election, to obstruct the peaceful movement from one administration to the next. And they will dust off laws that have never been used in these circumstances. They will dust off laws that are 100 years old. Or more. Criminal statutes. Misapplied them to this situation. And then. Forever more. People involved in politics in the states at the federal level. Congressmen and senators, presidential candidates will wonder. When they pick up the phone and call. A secretary of state or their party and one party and say, can you find more votes? Or. Can’t we send another list of electors? 4000 other questions. They will now be committing potentially criminal acts. That’s some U.S. attorney. Some attorney general, some special counsel. Potentially for another administration, the administration at issue. Well, send in the prison. And I’m the only one talking about this. And yet this is dire. This is a horrendous criminalization of the political process. The people doing this would never have done this. Against Biden. Obama. Clinton. Carter. LBJ. JFK. Never, ever. I hear people, they’re called constitutional lawyers, constitutional professors, constitutional experts. And they won’t even discuss this. Because they’re sellouts. There is no place. No place here. For the criminal organization of this matter? None. And how did it become a criminal matter? How did this become a criminal matter? Because the same man who decided that parents at school board meetings. The pro-lifers at abortion clinics. The thousands of Americans on the grounds of the Capitol building. Hard to be investigated and prosecuted. Decided to criminalize this matter. The same people who promote the. American Marxism agenda. Are the same people doing this to our constitutional order? They’re not upholding anything. They’re perverting it. I speak as somebody that used to work at the United States Department of Justice at the highest levels. As somebody who was chief of staff to an attorney general. As somebody who with that attorney general, would sit around a very big table in the attorney general’s conference room. With the attorney general, the deputy attorney general, the associate attorney general, The assistant attorney general for the criminal Division. With the head of the U.S. Attorney’s office. The director of the FBI. And more. This would never have gotten out of hand the way it has here. I can tell you now, on the other matter, the documents matter. There is no way. No way. None. That, Attorney General Meese. Would have agreed to a warrant followed by a SWAT team. Followed by a special counsel. To go after Ronald Reagan’s former. My opponent, Jimmy Carter, over documents, classified or otherwise. It never would have happened, period. Never. I’ll be right back.

Segment 2

Question. When the Constitution was ratified, there was no Department of Justice, no attorney general, no U.S. attorneys. None of it. The framers of the Constitution would never have contemplated a situation like this to be resolved by unelected individuals who effectively, certainly ostensibly work for the candidate of the opposing party. But people are not saying today, as this story broke about Mike Pence’s appearance before this grand jury, is Mike Pence as a potential candidate for president of the United States as well. So you have somebody appointed who’s a Democrat, appointed by a Democrat, the U.S. attorney general. Who was appointed by the President Biden, who is the Democrat candidate. And now we’ve had two potential opponents of this, Democrat candidate Biden. One the target of the Biden administration. The other called in front of a grand jury. Of the Biden administration. Now people like to say this has never happened in history. Because they want you to think something’s wrong with Trump and Pence. It’s never happened in history because you’re witnessing a police state. People who wrap themselves in the Constitution, people who wrap themselves in freedom of the press but are mouthpieces. Democrats for the people who are unleashing this assault on our constitutional system. Number one, Trump should not be under investigation. Congress makes the determination and Congress did make the determination, and the presidency was given to Biden. And number two, the vice president, the former vice president shouldn’t be involved either.

Segment 3

The inspector general of the Department of Justice, under grilling by Republicans, said today that 3.4 million million investigations of one degree or another were launched under FISA. Without warrants, Mr. Produce. Without warrants. That is without face a warrant. It’s a different process, different probable cause. But still, that doesn’t matter. That’s the. Without warrants. And 1 million of the 3.4 million were a mistake. 1 million. 30%. We’re in error. In our. Now. Those occurred. Well, Merrick Garland is attorney general of the United States. He’s the attorney general of the United States. He’s in charge. The director of the FBI. He has a role. This is a secret court. This is a secret court that was created this whole process after 911. Now it appears it’s being used against the American people. 3.4 million cases. 1 million mistakes. Who’s going to be fired over this? Nobody. Nobody, nobody who’s in charge of this? Nobody takes responsibility. Nobody. Think about that. Now we have another issue involving separation of powers and the Constitution and the law. Little Dick Durbin of Illinois is demanding. That the chief justice of the United States, John Roberts, testify. About ethics and the Supreme Court. And they’re pointing to Clarence Thomas. And now. In addition, Justice Neil Gorsuch. Neither of whom has done anything illegal. Neil Gorsuch sold property. A property that he owned 20% in, and he inherited a 40 acre tract, a property he co-owned in rural Granby, Colorado. Nine days after his confirmation, property was sold to the chief executive of a very large national law firm, Greenburg and Torridge. And he owned it with two other people. And that law firm has had. I see Politico here says it has had I believe it’s 12 cases in front of the Supreme Court since caucus. Gorsuch has been on the court courses, has voted in favor of the clients or the position taken in amicus briefs by the law firm in eight cases and against them in four cases. Actually, it says they’ve had 22 cases. But in any event, 12 of the cases are recorded. So the point is this does that sound like somebody who’s been bought off? Sounds like a perfectly reasonable. Eight four outcome. So they don’t actually have any evidence that anything was wrong. There’s not even an appearance of a conflict, really. You sell your property. You sell your property. The same applies to Clarence Thomas. The various vacations that excuse me, the various vacations as well as property sale, there’s simply no causal connection between an unethical act. And in the case of the Thomases, their friendship with this gentleman and in the case, of course, which this law firm. We’ve got DNA evidence, the equivalent of DNA evidence linking Joe Biden. And his family, too. $31 million in communist Chinese money. And millions of dollars in money from other foreign entities and front operations. Millions. A little. Dick Durbin of Illinois has no interest in that. Now. Does he have the power to subpoena the chief justice or any of the justices to appear before Congress? Well, of course, he has the power to subpoena them. Are those subpoenas enforceable? That’s the question. And the answer is no. Now, why is the answer no? Because the co-equal branches of government. And while Congress has broad oversight authority to make legislation. That authority is not absolute. Think of three circles between your return, your Kamala Harris. I forget what she calls these charts, but think of three circles. Venn diagrams. Think event diagrams. Don’t think of Kamala Harris. There’s little areas that overlap that are shaded between the three branches. That’s where the conflict lies. Right at times you can. You can make out. Fairly clear black and white areas where one has authority over the other and so forth and so on. Just as the Supreme Court says, Hey, we can rule on virtually anything, but we won’t. You have to have standing. But even more than that. They have the. Political doctrine that they say that we’re not going to get involved in things that involve the political activities of the Congress and the president. So what? So they. They pull back. They don’t cross that line. It’s the same with Congress. Congress is not free to intimidate Supreme Court justices. They’re not free to do that. And yet Democrats in Congress are desperate to do it. I can assure you that the leftists on the court. Jackson. Sotomayor. All the rest of them. They will not be called before Congress. But if they are by Republicans, then you see then the entire nature of the Supreme Court has been destroyed. You need a lot more than what Clarence Thomas has done and Neil Gorsuch has done. To destroy 250 years of tradition. You need a hell of a lot more than this. And this is what I mean when I talk about. What this Democrat Party is doing as applies to the Electoral College in the last election. They’ve jumped the shark and they want to jump the shark here with this threat, the justices. They’re trashing the Constitution. They can talk about ethics all they want. And property sales and vacations and on and on and on. They literally are destroying or might destroy separation of powers. That’s where their mindset is. That’s why they attack the Electoral College. That’s why they try to. Populate the Supreme Court with like minded ideologues. That’s why they want to destroy the filibuster rule. That’s not constitutional per se, but it’s a rule that’s been in place for a very long time. That’s why they don’t secure the border and ignore the immigration laws. That’s why they do what they do. Power. So now I would argue. They can’t enforce a subpoena against these justices, Not on this basis. Are these bases? No. And ultimately who would decide that anyway? You see, this is something the framers just figured that we’d have at least some men and women of virtue. We have an entire party, the Democrat Party. That’s virtue list. And then the next question. Why does little Dick Durbin of Illinois have no interest? In the corruption involving Joe Biden and his family. Why isn’t he holding hearings on the failure of Garland to appoint a special counsel? He is the. The putative head of the Judiciary Committee in the Senate because Dianne Feinstein doesn’t know where the ladies room is. So. They gave it to the munchkin here and this guy Durbin, I’ve told you before. Member. Senator Thompson. Mr. Producer. Tennessee. Fred. Was a good friend. Fantastic man. He told me he got along pretty much with all the senators. But Berman. Because Durbin’s word was not Durbin’s word. He was dishonorable. And this is the guy now who’s trying to torpedo the court. Now, I would tell the justices. You know, get your paperwork in order. Everybody else has to. But that doesn’t mean anything they did is unethical or immoral or criminal or subject to congressional oversight. But if they feel they can bring the chief justice in or associate justice as in. Then they should feel just. Just as strong in their arguments and bringing in Joe Biden to testify. But nobody would even try that, would they? I’ll be right back.

Segment 4

But this has basically been Constitution hour. And we’ve got one more that I want to fit in before next hour. This is from just the news. John Solomon is excellent site. An extraordinary move. Trump lawyers as congress to intervene in classified documents controversy. The legal team led by Timothy Parr later sent a letter to House Intel Committee Chairman Mike Turner and the Gang of Eight congressional leadership declaring the unprecedented FBI raid on Mar a Lago last August was unnecessary and shielded Congress from being alerted to a lax National Archives and Records Administration security system that boxed up classified documents with mementoes and shipped them to Florida compound without regard to protecting national secrets from others. The solution to these issues is not a misguided, politically infected and severely botched criminal investigation, but rather a legislative solution. Pilot Tor and his colleagues wrote to Turner. DOJ should be ordered to stand down and the intelligence community should instead conduct an appropriate investigation and provide a full report to this committee, as well as to your counterparts in the Senate. So what they’re saying here is, hey, look, the National Archives backs this stuff up. And they threw classified documents in there with other documents. In the same boxes with momentos. And so forth. And they sent them to Mar a Lago. Why did you? Albany. The Biden administration opened a criminal investigation. They’re the ones who boxed it up. Now, this is new information. They’re the ones who put the documents in there. They’re the ones who sent it tomorrow, Lago. Why is there a criminal investigation being launched against me? Now, Bill Barr would say, well, they wanted him back and you wouldn’t give him back. And so they had every right to get a warrant and a SWAT team. Ed Meese would say, no, they didn’t. That’s not how we conduct ourselves. That’s not how any administration is conducted. So prior to this one. Any attorney general? And a U.S. attorney said, no, we would not do that. The latter level of some of the Trump camp’s harshest criticism about federal prosecutors, now led by Jack Schmitt, the phony special counsel at the National Archives, suggesting they’ve tried to orchestrate a scandal and prosecution that would hide the failures of federal bureaucracy in office, even Jimmy Carter’s facilities. They mentioned Carter’s facilities, Biden’s home. But they did this to Trump. They said deficient document handling and storage procedures are not limited to any individual administration or political party. A legislative solution by Congress is required to prevent the Department of Justice from continuing to conduct ham handed criminal investigations. Matters that are inherently not criminal or other are 100% right about that. That’s why you keep hearing. This is a first in American history. Exactly. Oh, yes. Alvin Bragg. That’s a first in American history. Oh. Presidents taking documents, including classified documents, is not a first in American history. The way this was handled was a first in American history by the Biden administration. I know what Ed Meese would have done. He would have picked up the phone if it were Carter as an example, and said, Jimmy, Mr. President. We need the documents back. I’ve got careerists over here who hate you. Who want to go to court. Get a warrant. Want to send a SWAT team in and do all these other things? We’re not going to do that. Let’s just get this done. Blah, blah, blah, blah. Apparently, Bill Barr wouldn’t do that. Apparently, Bill Barr would do exactly what Merrick Garland would do. He’d be the first attorney John American history to abuse his authority like this, I suppose. And that’s what I believe it is. You got a lot of power as attorney general of the United States. U.S. attorneys have a lot of power. That doesn’t mean you exercise it in every instance. Candy, use your head. And just because you don’t like your former boss, there may be reasons not to Like your former boss doesn’t mean you act like a schmuck. And I’ll end it on that note. All right. That was Constitution Hour. I actually hadn’t planned it, but I decided to do it as I got started here. Got a lot more left. I hope you’ll stick with us. I’ll be right back.