On Wednesday’s Mark Levin Show, when President Biden says he had no role in the Donald Trump documents case – he’s a liar. The White House and the DOJ have been involved since day one. This entire criminalization of this process was launched by the Biden White House at the suggestion of the National Archives. Then the DOJ had to decide how it was going to pursue this. Later, Presidential candidate Sen Tim Scott calls in. He explains that in America we need a justice system where the lady of justice wears a blindfold. This DOJ has been hunting Republicans while protecting Democrats. Scott hopes to restore hope, create opportunity and protect America if elected. Afterward, Sen Ted Cruz calls in to discuss this obvious double standard against Trump. They hate Trump and are willing to use the DOJ to try and destroy him. Finally, Mark drops big hints about the most important, brutely honest, book he’s ever written. This book is about the enemy, the Democrat Party, who have never accepted Americanism.
NY Times
As Archives Leans on Ex-Presidents, Its Only Weapon Is ‘Please’ (Jan. 27, 2023)
Photo by ANDREW CABALLERO-REYNOLDS/AFP
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Rough transcription of Hour 1
Segment 1
Hello, America. Mark Levin here. And we will take some calls in our number 877-381-3811. Hello 877-381-3811. It’s a great honor to be with you. As the days goes on, go on. We learn more and more and more about how our shadow government operates. And as I dig out more and more and other people send me things over the transom, I want to share them with you. Because I really believe here at Radio Free America that it’s very important that you be armed with this information because it’s your country. That’s your liberty at stake. And my buddy Joel Pollak fired this one off. To me, it’s very, very important. It’s from the New York Slimes. Dated January 27. By my calculation, that’s almost six months ago. And I want to share this with you. It was written by Michael de Shear. Ready. The National Archives and Records Administration this week, again, six months ago. Delivered a gentle request to representatives of former presidents and vice presidents. Could you please check again to see if you have any classified documents laying around? Wow. Asking nicely is about all they can do. Legal experts said that officials at the archives do not have any independent ability. To enforce that request or to require that the country’s former leaders conduct searches of the materials they still have in their possession. That is a killer paragraph. Even The New York Times is writing it. This is something I explained on HANNITY last night. This is something I explained on Life, Liberty and Levin last Sunday. This is something I explained on Fox again last week. This is something I’ve explained behind this microphone almost on a daily basis. Enforcement of laws governing presidential records in classified documents is up to the Justice Department, which has opened investigations into the actions of President Biden and former President Trump, who have each discovered classified records at their homes. Officials at the department have not commented on whether they plan to open investigation into former Vice President Pence. This is an old article. Officials at the Justice Department declined to comment about enforcement authority. Yeah, they leaked that stuff. A spokesperson for the archivists declined to comment. William Osako boss and cop Osako, the chief operating officer at the archives, wrote to representatives of the former presidents and vice presidents, urging them to look again in light of the discoveries made by Mr. Trump. Mr. Biden and Mr. Pence. We request that you conduct an assessment of any materials to determine whether bodies of materials previously assumed to be personal in nature might inadvertently contain presidential or vice presidential records. The head of the archives said in his request, which covered both classified and unclothed classified materials. But so far, the letter does not appear to have yielded any significant new actions. Freddy Ford. Freddy Ford. Chief of staff for former President George W Bush provided a response on Friday. Thank you for your note. Mr. Ford said he wrote to the archives. We understand its purpose and remain confident, but no such materials are in our possession. But Freddy did not. Did not search again. National Archives has the legal authority to collect and maintain government records under the Presidential Records Act and other federal laws which lay out what documents must be preserved for history. In 1978, Congress passed the act to clarify that documents created and used used by a president in a way to contain any McCarthy created and used by a White House. White House officials are the property of the federal government, not of the person who occupies the Oval Office. The law applied to all presidents following Jimmy Carter, but people who have studied the handling of government documents say that there is little in the law that provides the archives the power to require compliance. If there are violations of law, they can be referred to the Justice Department for action, said Steven Aftergood, a specialist on government secrecy for the Federation of American Scientists. But NARA itself has no police force or ability to enforce its own actions. Mr. Aftergood said that officials in the archives must rely on what he called some degree of moral force. To back up the request to the former officials, quote, The Presidential Records Act and the whole archival system depends on good faith, he said. Lacking good faith, the system is going to break down. Which brings up the question then. How did the Department of Justice get involved? That is, how did the Department of Injustice get involved? Well, we think we’ve figured that out here. Let’s see here. President Biden had his White House deputy counsel, Jonathan Sue Askew, weigh President Trump’s claim of executive privilege leading to the unprecedented raid in August and resulting indictment now. This is according to Mike Davis, who tweeted this information out. We’ve talked about this before. When Joe Biden says he had no role in this, he’s a liar. But Joe Biden has led by the lie, the big lie, little lies, all kinds of lies. Let me repeat this. Joe Biden’s White House counsel, Joe Biden, had his White House counsel, deputy counsel Jonathan Su, as you waive President Trump’s claim of executive privilege. In other words, Joe Biden said, Excuse me. Even though Trump is asserting executive privilege on behalf of the presidency. As a former president. But on behalf of the presidency, we’re withdrawing his his. His court, his motion with the court. And we waive executive privilege. So they waved it. Leading to the unprecedented raid in August and resulting in this indictment. Biden’s attorney general, Merrick Garland, personally approved the Trump indictment as he had to. So the White House and the Department of Justice have been involved in this since day one. And they didn’t even follow their stated practices when it comes to charging. Even under the Espionage Act. Now, as I’ve explained, also explained again last night on HANNITY, the Espionage Act is the wrong law. It’s the Presidential Records Act. That’s the law. That’s why no president or former president, I should say, was violated. The so-called Espionage Act has never been charged because violating the so-called Espionage Act isn’t something that applies certainly in this regard to a former president didn’t apply to LBJ when he ordered top secret information related to Vietnam and the FBI tapping into Richard Nixon’s phone in 1968 when he ordered it removed by his aide Rostow. Rostow kept it for Johnson. Nobody knew about it was kept in secrecy. And then Johnson had told him upon his death to give it to the Johnson Library, where they’re supposed to keep it secret for half a century. So they made all that stuff up. But Mark, there wasn’t a Presidential records act. No, there wasn’t. But there was an Espionage Act. And he wasn’t charged under the Espionage Act because it did not apply. That’s why. When it came to Hillary Clinton, the Espionage Act did apply. Because there is no Presidential Records Act covering former secretaries of state. She wasn’t a president and she wasn’t a vice president. So she’s no different from that colonel or that general. Or anybody else. Who, quote unquote, this handles classified information. I refuse to turn it over. Moreover, she’s covered by the Federal Records Act. Which I don’t need to get into here. Now the lawyers on TV are confusing laws. They’re confounding the viewers and the listeners. The former attorney general, Bill Barr, is an absolute illiterate when it comes to this stuff. The Presidential Records Act doesn’t turn into the Espionage Act investigation. He never has. If you believe a president has information or a vice president has information. And you believe that that information should be in the possession of the federal government? If you take that position. If you take that position. The Presidential Records Act does not provide for the criminalization of that issue. Period. And even without it, no president has been charged before former president or vice president. That’s because they carefully handled. No, they didn’t. I just read you an article in which they’ve now asked the library some former presidents and vice president, please search your records. Moreover, we know Johnson didn’t. He purposely. Secreted top secret information. We know Bill Clinton purposely. Secreted top secret information at no time. Did anybody suggest that Bill Clinton should be charged under the Espionage Act? Not once I’ve looked. Why? Because it didn’t apply. Now let’s look at the history of this clown prosecutor. This guy, Jack Smith. Jack Smith tried to turn a bribery law. Into something broader than it was. When he was head of the public integrity section of the Criminal Division of the Department of Justice under Eric Holder. Under Barack Obama. And he convinced a federal district judge. And it was appealed and they convinced the appellate court. Then it was appealed again to the U.S. Supreme Court and the eight justices of the nine who heard it. They said, What the hell is this? You can’t accuse a governor who simply has a meeting. Or suggests that there be a meeting. With a quid pro quo. Four benefits given to his wife. That’s not what the bribery statute says. You’ve taken two words and you’ve stretched their meaning. 8 to 0. They overruled. That’s Jack Smith. Same Jack Smith, as I’ve said. Now the back benchers are regurgitating and that’s a good thing. The same Jack Smith. He rolls into North Carolina again, the head of the public integrity section, which means he signs off on a number of these things. And there, John Edwards. With his pregnant girlfriend. He’s humiliated. It’s also a slime ball, but nonetheless. His wife has cancer. Elizabeth Edwards, who is no longer with us. So he wants to hide it. He puts her up in an apartment, but he doesn’t have money to do it himself. So they ask donors, Can you please give us some money to do that? And they do. Jack Smith has an idea. That’s an illegal campaign contribution, both in the amount and the failure to report it. Everybody’s going, what the hell is he talking about? Because it helped contribute a positive message to his campaign. The jury heard five felony counts. Not guilty on one. And a hung jury on four. And the Department of Justice decided not to take it up again. Why? Because Jack Smith stretched the law again. What has Jack Smith done here? I don’t care what any damn judge rules. I know the law. Jack Schmidt took a law that does not apply and has never applied to a president or vice president under these circumstances or any other. And he applied it against Trump. I’ll be right back.
Segment 2
Now, here’s the difference between me. And a number of these legal analysts, but more importantly, more particularly the lawyers at the Department of Justice. I am sitting down and going over what the law is, what the history is. Yes, as a partisan, but as objectively as I can as an attorney to try and figure this out and explain it to you and you can check me. What your government is doing is they know everything I said is correct, but they’re trying to figure out how to get around the law. They’re trying to figure out how to reinterpret the law. They’re trying to figure out how to stretch the law and even apply another law. And that’s what they’ve done. And they’re getting celebrated and supported by Bill Barr, by other former federal prosecutors, by other television networks who are lying to the American people or are ignoramuses. One or the other. I’ll be right back.
Segment 3
This entire criminalization of this process was launched by the Biden White House. At the suggestion of the National Archives and the Department of Justice. That’s what happened in the White House counsel’s office got involved. And so the Department of Justice had to decide. How was going to pursue this? There was no relief available in the Presidential Records Act. So rather than negotiate further, they went blank for three months. They refused to even. Contact. The Trump lawyers and staff. As they were plotting and scheming, trying to figure out what to do. And they decided to use the espionage hack. And he decided to go. And seek a warrant. A secret warrant. A warrant under seal. Which could then be executed when President Trump was at home in Mar a Lago. As the dawn came to pass and the sun started to rise. Senior FBI officials and I’m not talking about the director, but. Officials on the scene were very reticent to do this. But they were pressured. By the prosecution wing of the Department of Justice to do just that. They were pressured. Why? Because they were working for the attorney general. Who insisted on it. That’s why. And they come up with this cockamamie idea that the Espionage Act, which has never been used for these purposes. In cases where it could have been used. Which the trigger was not pulled and the Hillary Clinton case where it did apply. That they would use it on Trump, but they knew they’d have the media in their back pocket. They knew they would have the Democrat Party in their back pocket. They knew they’ve had McConnell, Thune and Cornyn in their back pocket. So not a big deal. They fell. And that’s what they did. And so you have these former federal prosecutors, you have others who are also equally ignorant when it comes to this. Going on and on that there was obstruction? No, there was an obstruction. Here’s my point. If it was just the Presidential Records Act, the issue of obstruction would never come up. Because obstruction is a crime. The Presidential Records Act doesn’t even recognize obstruction in the context of the production of documents. They set up a federal grand jury to investigate documents. A completely illegitimate grand jury to investigate documents. Too civil matter. First, it’s an administrative matter. Then it’s a civil matter. And they use that grand jury not only to criminalize what is clearly a civil matter. But to try and destroy lawyers. They actually went to a federal judge, the chief judge in the District of Columbia, who handles all these motions on these grand juries appointed by Obama. And this. Moron judge who ruled against Trump on every motion. Ruled in favour of the prosecution on the waiving of attorney client privilege. And the crime fraud exception rule, which doesn’t even apply to this case. The crime fraud exception. There cannot be a crime. Under the Presidential Records Act. Earth calling. Earth calling. And so they created this whole separate. A set of rules and laws. Here’s part of the problem, too, America. Most of you are totally unaware of about what I’m going to tell you. The Department of Justice. There’s across the street from the Federal Bureau of Investigation building. Did you know that, Mister Producer? The federal courthouse is two blocks from the Department of Justice. Did you know that, Mr. Producer? You’ve got the DOJ, the FBI and the federal courthouse, all within a two and a half block area. You have individuals on the federal bench. In that courthouse. Two and a half blacks from the Department of Justice. Most of whom most of whom used to work at the Department of Justice as prosecutors. Are you aware of that, Mr. Producer? So you see the incestuous relationship between DOJ, the FBI and that courthouse. And then you have the case. Of Jack the Ripper Smith. The thought he was going to become a United States attorney. As I dug into this yesterday and explained it to you. It was the acting United States attorney in the middle district, Tennessee, a.k.a. Nashville, Tennessee. He assumed he would step into the permanent U.S. attorney slot. Most of these guys are careerists. Most of them are careerists. But Trump appointed somebody else. Trump appointed somebody else. He didn’t get the job. And so he quit. He left the U.S. Attorney’s office in the middle district of Tennessee, a.k.a. Nashville. He had a chip on his shoulder. Is that obvious? He didn’t get his U.S. attorney slot. He wasn’t nominated. Trump chose somebody else. And so you have federal district judges in Washington, D.C.. Most of whom used to work at the building two and a half blocks away from them, or a U.S. Attorney’s office. You have FBI agents across the street from the Department of Justice. You have an incestuous relationship between certainly the Department of Justice and these judges. And so they all know each other. They all know each other. Why was a grand jury allowed to be impaneled? In a documents production case. Why was this prosecutor free to violate attorney client privilege? With the okay of the judge. This attorney client privilege. You cannot have due process if you don’t have attorney client privilege. You all know that when you talk to an attorney. Can you imagine? Your attorney is forced to turn his or her notes over? To a plaintiff in a civil case or to a prosecutor. Let’s say it’s here, your taxes and a criminal case and testify under oath in front of a federal grand jury against you. Can you imagine? And that’s what the judge ruled. And another case of first impression involving the Presidential Records Act, where they used the Espionage Act. And Bill Barr thinks that’s perfectly fine. Why? Because he’s a moron. Who hates Trump. Who is embarrassed by Trump. And I can understand why he’s upset. He’s embarrassed. But you don’t take your disgruntlement and go on TV and whore yourself out. With all due respect. And he’s not the only one. And he’s not the only one. I’ll be right back.
Segment 4
You’re not going to hear this anywhere else. Just not. I mean, unless you hear it tomorrow, people regurgitating it. Just the nature of the beast. Verizon, AT&T or T-Mobile? My God. Have you ever dealt with Comcast? We’ve been dealing with Comcast for the last 48 hours and we’ve missed it as. Nightmare. I’m not talking about the hardworking men and women who work for Comcast and their trucks and all the rest of it. I’m talking about these executive clowns. I’ve been I’ve been without Internet for almost two days. And I think we’ll have it back within 30 minutes. Thanks to my buddy Randy. My buddy Rich. Who’s rich? Gary. Whole gang of people. Maybe we’ll have to move over to AT&T, but I don’t like either of them. But all that said. I’ve been doing this show the last two days without the Internet. Which is life and death for most broadcasters. But not for me. Then we have a district attorney in Manhattan. With another Democrat, Obama loving judge. Shouldn’t this judge dismissed the district attorney’s case? Everybody knows. It’s a lie. But he does it and he can dismiss it on his own. Dismiss it? But he won’t. Why he’s even said. A trial date from March. Tells that all about right in the middle of the primary process. Then we have a district attorney in Atlanta, Fulton County, which is most of Atlanta. She’s about to drop a third. Or to. We don’t know exactly what she’s going to do, but we understand from the usual leaks. That it could involve the so-called fake electors. She shaken down four or five of them, threaten them with prosecution and prison time if they don’t cough up Donald Trump. Really? Justice for all. Equal justice for all. There’s no such thing as fake electors. I’ve explained this now again on blue in the face. Another novelty in the law that’s created by another Democrat prosecutor who will try and test it by indicting likely the former president, knowing damn well she’ll have a Democrat jury and a Democrat judge. Wow. Isn’t that cool? Isn’t that cool? No, it’s not. It’s sickening. Fake electors goes back to 1960. As was explained in the Federalist a couple of weeks back. And it makes a lot of sense. It’s a close election in a state. Ultimately it’s Congress that decides which electors to choose, if any. And there’s challenges. You see challenges do go on and they’re not crimes. Challenges go on and they’re not crimes. Not amazing. And. In this case. What was it, about 11,000, 12,000, 9000 vote differential. And so some of the Republicans may be at the behest of the president, maybe at the behest of one of his lawyers, Maybe not. Who cares? Who cares? They come up with a. With their own slate of electors. I believe they send them to Washington, to the archivist. Just in case. Some of the litigation or some other decision. It’s determined just in case. That the Republican electors should be counted and not the Democrats. Now, why did they do that? Because if you don’t send electors, there’s nothing to count. The archivist in Congress doesn’t go back to the state legislature and say, oh, by the way, send us more electors. It’s never been done. But sending a second set of electors by an opposition party has been done. It’s done in Hawaii. Now I know this. The Federalist knows this. Any historian who’s worth his weight, meaning none of them today. They know it. And the D.A. in Fulton County, Georgia, knows it. But she doesn’t give a damn. She’s on a mission. And if she does what she’s planning to do. We know this because it’s leaked that they’re going to shut down the whole county, the whole city because we can’t have those MAGA insurrectionists everywhere. That they’ll charge him down there. An arrangement. And I wonder what Chris Christie, I’ll say as he’s floating around the country like a Chinese spy balloon. Asa Hutchison, Mr. Irrelevancy. And the other reprobates are malcontents among the Republicans. They’ll go to Mitch McConnell. They ask him for his opinion. I Exactly. Mitch is an idiot. He’s the Republican leader in the Senate. Pathetic. This is the best they can do. Apparently so. Best they can do. Another bogus case. Utterly and completely bogus. And then there’s another grand jury in Washington, D.C.. Oh, yes. Can never have enough grand juries. We’re going to throw the book at him on this and the book in him on that and the book at home unless January six to see. Don’t you think if they had the goods on Donald Trump over January six by now, that they would have pulled the trigger already? Now, in due course, America we’ll be back.