On Wednesday’s Mark Levin Show, the Constitution leaves it to Congress to sort out electoral college votes. It doesn’t leave it to the DOJ, a special counsel, or a grand jury. Not once was a prosecutor involved. Congress has the final determination. Yes, we’ve had contentious presidential elections in the past and nobody was accused of obstructing an election. In the past Democrats challenged elections by trying to overturn slates of electors and were never accused of obstructing an election. The Democrat Party has never accepted the election of a Republican president, not since Richard Nixon. They spent time trying to destroy every single one of them. Jack Smith has taken federal law and twisted and expanded it. Smith, at the behest of Merrick Garland, is seizing the electoral power from the American people and Congress for themselves. They are seizing the power to decide what will and will not fly in elections. Now Mike Pence, Chris Christie, and Will Hurd stand with Jack Smith? They all agree that a 150-year-old statute to abolish the Klan was a good use of a criminal charge against Donald Trump? Every count against Trump is bogus! Also, Trump just happened to get the most radical, activist DC judge to oversee his case. Judge Tanya Chutkan worked in the same law firm as Hunter Biden when he was a lobbyist. She needs to recuse herself. Later, Fitch is downgrading America’s long-term debt. This will have tremendous negative consequences. This is from the Democrat party’s war on the family and the economy. They are pushing us into a 3rd world status. Finally, Caroline Glick calls in to discuss the fate of Israel and Benjamin Netanyahu’s judicial overhaul.
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Rough transcription of Hour 1
Segment 1
Hello America. Mark Levin here. Our number 877-381-3811. 877-381-3811. America’s fiscal rating has been downgraded. I’ll get into that later. All kinds of problems. Countries teetering on bankruptcy. Yet here we are wrestling with the corrupt Democrat Party and media. I want to start this evening’s program with a history lesson, a history lesson that is unknown to everybody thus far who has spoken on TV and radio. That is unknown, apparently to the prosecutors and that is unknown to the Department of Justice are known but rejected. We’ve had contentious presidential elections in the past. Which this Department of Injustice and this prosecutor would say are efforts to overturn an election. Now, let me be clear about a few things. The Constitution leaves it to Congress and only Congress to sort out the Electoral College votes. It doesn’t leave it to a Department of Justice. There was no Department of Justice. It doesn’t leave it to a U.S. attorney or special counsel. There were no U.S. attorneys for special counsel’s. It doesn’t leave it to a grand jury or a trial jury or anybody else. Certainly doesn’t leave it. Two inferior agencies of the federal government that didn’t even exist. Congress has the final determination. In the first instance, the states. Have the determination. In particular, the state legislatures. I don’t care what the Supreme Court says or anybody else. It’s in black and white in the Constitution. To the extent Madison notes give us any guidelines, it’s there to. There’s nothing left for interpretation. The election of 1800 and there are others. Thomas Jefferson and his chosen vice presidential pick, Aaron Burr, tied for first place. Because back then. Ballots were voted. Electors voted on a president and vice president separately, even though they might be running together. So tied for first place. The challenge to John Adams, who was president at the time, 73 to 73, Aaron Burr and Thomas Jefferson. Aaron Burr stabbed Jefferson in the back. But tied for first place due to a communication error among Democratic Republican electors or a burr led conspiracy, depending on whom you believe. So right there, that would open up a federal investigation, a grand jury, witnesses and all the rest. Of course, that didn’t happen. The election went to the House of Representatives where it’s supposed to go. Alexander Hamilton, who despised Jefferson. But hated BR even more. Turn the tide by lobbying his fellow federalists to throw their support to Jefferson after God knows how many throw six votes. 36 votes. So the decision was made in the House of Representatives. President. President Jefferson. That’s how he became president. Can you imagine the grand jury investigation? 1824. These are all early in the republic. All four candidates for president came from the same party, the Democratic Republicans. Andrew Jackson, who was a hero of the war of 1812. He won the popular vote by fewer than 39,000 ballots captured, 99 Electoral College votes. Secretary of State John Quincy Adams took 84 Electoral College votes. 41 went to Treasury Secretary William Crawford and 37 to House Speaker Henry Clay. Since no candidate earned a majority of electoral votes, the election again went to the House of Representatives. The top three are to be considered. So Clay was eliminated. But Clay still had his supporters. After a month of backroom negotiations. Clay, who came in fourth, his supporters, most of them through their weight behind Adams, enabling John Quincy Adams to win the House vote. So when the House vote. Now, when Adams chose Clay as his secretary of state soon after his inauguration, an enraged Andrew Jackson called it a corrupt bargain that the entire election and appointment of John Quincy Adams was corrupt. And he resigned his Senate seat and he swore he would run for president again. And he did. And he won. He was not accused of obstructing an election. Or anything else, for that matter. 1860. That election wasn’t just contentious, a toil, a nation apart. The Democrat Party. Chose. Abraham Lincoln’s Illinois rival, Senator Stephen Douglas. The southern branch of the party defected, choosing sitting Vice President John Breckinridge as its candidate. John Bell of Tennessee rounded out the race on the ticket of the new Constitutional Union Party. Lincoln won only 40% of the popular vote, but took most of the electoral votes in the north, along with California and Oregon. Breckinridge won the electoral votes and most of the South, along with Maryland and Delaware. Bell won Tennessee, Kentucky and Virginia, and Douglass won only Missouri despite finishing second in the popular vote. Imagine all the chaos. They gave us President Abraham Lincoln. Just weeks after Lincoln’s victory with 40% of the vote. South Carolina voted to secede. They thought Lincoln was an illegitimate president on top of everything else. Six more Southern states followed, forming the Confederate States of America February 1861, and they elected Jefferson Davis as their president. I’m putting things in perspective for you. 1876. This was a big deal. Listen carefully. Democratic governor of New York, Samuel Tilden, won by 250,000 more ballots in the popular vote than his Republican opponent, Rutherford Hayes. And snag 19 more Electoral College votes. So the Democrat had a quarter of a million more votes and 19 more Electoral College votes. Still, the Democrat Tilden was one electoral votes short of the required majority, 185 and 20 votes remained uncounted. Florida, Louisiana and South Carolina. We’re too close to call. Each party accused the other of fraud. And in Oregon, an elector was declared illegal and replaced with controversial results. You’re one Electoral College vote away. And one of the people in Oregon and elected there was declared illegal and replaced. As the crisis mounted threats of another civil war. Another civil war loomed. What happened? Congress established a 15 member commission of senators, Congressman and Supreme Court justices, including seven Republicans, seven Democrats, and an independent to decide the election. This is something that Josh Hawley had thought about. In the 2020 election for which he was viciously attacked after the swing vote turned in his favor. Now one voter. Who had replaced the other one. Decided to support Hayes, who had less votes. He was awarded all 20 electoral College votes from two disputed states, giving him the necessary 185. So this commission is set. The one controversial controversial elector who replaced another in Oregon decides, I’m going to go for a raise. This commission that had been set up by Congress, 15 members said, okay, well. We’ll give you all 20. HAYES And there’s Tilden, who had more Electoral College votes, a much more significant popular vote. He loses. He loses. Well, the Democrats didn’t take the sitting down. They threatened a filibuster and blocked the official voting count. And the issue was settle the negotiation in Washington’s warmly hotel in February 1877. The Democrats would accept Hayes’s victory, provided Hayes removed all federal troops from the South. And you know what that led to? The survival of the Ku Klux Klan after Ulysses s Grants and the United States Army down there to wipe them out. And the reversal of reconstruction. It effectively killed reconstruction. That was 1876. What about 2000? Al Gore and George Bush. It all came down to the outcome in Florida. Depending on how you count it, just a few hundred votes separating the candidates in Florida. To determine who would be president of the United States. Al Gore starts with the lawsuits. And the lawsuits go back and forth. The recounts begin in full force. Chad, hanging chads and on and on and on. Went on for a month and a week. The state Supreme Court kept changing the rules to try and help. Al Gore. Finally, the U.S. Supreme Court steps in. It says enough is enough. Enough is enough. Bush, who won 30 states County, Florida, maintained a razor thin five vote majority in the Electoral College. Up until that time would be the first candidate in 112 years to win the presidency without prevailing in the popular vote. 1876 election, several states sent two sets of electors. I guess today it’s all fake electors. For Congress to sort out not a grand jury. That wasn’t illegal. It wasn’t unconstitutional. They weren’t fake. They were close races. They weren’t resolved, at least to the belief of one party or the other. Both sets are sent and Congress has to make the decision. 1962 slate of electors was submitted by Hawaii. Because the election results first went to Nixon and then went to Kennedy. So they sent both slates, Republican and Democrat, to Congress, to sort out and you know who the president of the. Of the joint session of Congress was back then America. He was the vice president of the United States. You may have heard of him, Richard Nixon. And Nixon sided with the Kennedy electors. But they hate Nixon. Congressional Democrats have challenged the elections. By trying to overturn. The selection of electors in several states. They tried it in 2000, 2000 for 2016. To no avail because their fellow members of. Congress stopped them. That’s how this is decided. Vice President Pence today has got much more dramatic and animated, hasn’t he? Donald Trump told him to reverse the course of the election. Donald Trump told him not to count electors. Donald Trump told him this. Donald Trump told him that. But Mike Pence withstood the pressure. My God, He stood there and said no. So what? He’s not the first. That’s his view. But I read the Constitution again today, as I do almost every day. What authority does the vice president actually have when it comes to disputes? The Constitution doesn’t tell us. So I went to Madison’s notes. Mr. Constitution What do they say? Madison’s notes don’t tell us. And yet, John Eastman and other lawyers who said that the vice president has the power to send electors back to the state or to wait on the process or to find out what’s going on or to appoint a commission the way they had a commission in 1876. He’s a kook. And all the other experts are right. To this day, we have no idea. I’ll be right back.
Segment 2
There’s four counts in this indictment. Every one of them is bogus and disgusting. Start from the bottom up count for 18 U.S.C. Section 241 Conspiracy against rates, you know, when this was passed. After the Civil War, you know, what was applied to the Ku Klux Klan, preventing black people from voting. It has absolutely nothing to do with what took place. In this case. Let me go through the other three counts when we return. It just shows you how pathetic this is. And. And Mike Pence running around taking victory laps. Mike Pence softly small minded and narrow thinking. This is war on our electoral process. This is a war on the electoral system, not by Trump, but by the people. Mike Pence, who now celebrating more when I return.
Segment 3
Mike Pence agrees that a 150 year old statute it was written to try and abolish the Klan was a good use. Of a criminal charge against Donald Trump. Then we have count to 18 U.S.C. Section 1512 K. Conspiracy to obstruct an official proceeding. That was enacted in 2002. It was a response to the Enron scandal. It’s been used against Jan six protesters. It’s been very, very controversial. It’s highly disputed. No case has yet gone in front of the Supreme Court on this. Why? Because it dealt with financial obstruction and so forth. And so it has nothing to do with what took place on January 6th. Then, of course, the conspiracy to do it is count three with count one eight U.S.C. Section 371, cheating the government interfering with legitimate government activity. Historically, this has been used in tax cases. Or misuse or misapplication of federal moneys and that sort of thing. So it’s being broadened to apply to January 6th. As I’ve explained behind this microphone, day in and day out on live TV on my Sunday show, that now even some of the legal analysts are pointing it out. This man. Jack the Ripper. Samantha’s taken federal law and turned it on its head. He twists it, He expands it. He’s been rejected by multiple juries. He was rejected 8 to 0 by the U.S. Supreme Court and now Mike Pence. And Chris Christie and somebody by the name of Will Hurt and Asa Hutchison stand with Jack Smith. They stand with a prosecutor appointed by the attorney general of the United States who has a record of abusing the law and abusing authority. That’s who Mike Pence stands with. That’s who Chris Christie stands with. That’s who will heard whatever his name is stands with. That’s who Hutchinson stands with. This is an assault on our democratic system, a thousand times worse than January 6th. Yes, the imprimatur of official government action. With one party using a phony special prosecutor who has essentially reconstructed his office into an old prosecutor’s office. Under the Democrat Party. Under Eric Holder. Under under Jim Comey. And they call it special counsel. Mike Pence is more. Animated than I’ve ever seen him. Why? Because he’s desperate. He may not even show up on the debate stage because nobody supporting him. But he’s desperate. He’s showing a side of him that most of us never saw before. He’s got a little elf whispering in his ear. Marc Short. Who rode that coattails of Donald Trump into the White House while he was sabotaging him. As for these lawyers. Who Mike Pence trashes because he embraces the likes of Michael Luttig. I ask Mike Pence. I ask Michael Luttig. I ask all the lawyers. On what basis? Can you say what the vice president’s powers are or are not? In the United States Constitution or in James Madison’s notes. Spit it out. I’m waiting to hear. Not what you think. But what is in fact. The Constitution. And the answer is nobody knows. Because it was never discussed. That’s the answer. Well, Mark, you know, there was a statute I don’t want to hear anymore from the former federal prosecutors. They’ve been wrong enough. I don’t care about the statute. I’m asking about the Constitution. But even that doesn’t matter. This matter was resolved. It was resolved by Congress. It was resolved by Pence, whether you like it or not. It was resolved not by grand juries. Looking at 2020 hindsight on what they think should have occurred. At the prodding of a prosecutor like Jack Smith. These matters cannot be decided. By prosecutors and the Department of Justice. What are the rules? As I told my friend Brett Baer yesterday, what are the rules? Who decides the rules? Who enforces the rules? When is lobbying a legislature? Okay. When is sending a second set of electors, as has been done in American history? Okay. Or is it never okay? You’re indicting lawyers. Based on advice they gave the president of the United States. Because people disagree with their advice. You’re indicting lawyers. For the advice they give. You’re inviting a former president for exercising his free speech rights. And one side of the indictment, it says. Trump knew what he was saying was false. If that’s the case, Joe Biden should be doing 10,000 years in prison. But Trump knew what he was saying was false. And yet they indict the lawyers who were advising Trump whose advice that he followed. How do you improve both of those points, Mr. Bridges? This is an attack on the First Amendment. This is an attack on our electoral system. What you’re seeing here. Let me put it in plain English. Let me educate the former federal prosecutors and the professors. Jack Smith, at the behest of Merrick Garland, are seizing the electoral power from the American people and Congress for themselves. They are seizing the power. They decide what will and will not fly in elections. I gave you the history of some of the most contentious elections. Not once was there a prosecutor involved. Not once was the Department of Justice involved when there was a Department of Justice. Let alone subpoenas. Indictments. Conspiracies and all the rest. This is the most. Aggressive, in-your-face. Bald faced attack on the American electoral system ever. Ever even worse than 1860. Even worse than 1876. It is the most grotesque. Power grab. By a Democrat Party in control of federal law enforcement that one can ever imagine. And I love it. Now, when the hosts, including some who are friends of mine, they go on TV and they say this is the third set of indictments against Donald Trump. Are you kidding me? Alan Bragg’s the first. Didn’t everybody say he and that is a joke and they act like it’s legit, a serious prosecutor. Then this one, Jan said, This is the most disgusting thing I’ve read. And then we have the legal analyst saying, unlike the documents case, that’s a serious set of indictments. Very, very serious. It is. Well, there are numerous motions. If Judge Canon is an honest judge, intellectually honest. That should sink that ship and fairly easily. When you bring a grand jury set of indictments in the wrong venue and do it purposely in order to get that series of indictments against a former president and a Republican nominee, a potential nominee for president. That should require a complete dismissal of all those indictments. Why do you think he added three or four more afterwards? He knows I’m right. He saw me on Fox. Those bastards know I’m right. Next motion. That was a general warrant. In complete violation of the clause in the Constitution. Probable cause and so forth. It wasn’t just specific room with specific boxes. It was sort of or anything kind of around there. It’s okay. You can’t do that in a warrant where all the former federal prosecutors on that one. Amazing, isn’t it? What about one of the top litigators? In the case is accused of extortion. I’m telling the lawyer for the co-defendant. You know that judgeship here you’re aiming towards. I’m sure it would be very propitious for you if you could get your your client to turn on Trump. That’s extortion. It’s being investigated in secret. I got one more. Maybe. Maybe Mike Pence thinks it’s okay when you’re charged. To pierce attorney client privilege. I don’t know. Mike Pence was pretty sloppy with his classified documents, but he self-righteous, you see. Man of deep faith. God tells them what to do, unlike Trump. And so what’s happening? Tyranny, client privilege, and what should each to think of in your own case? If a contract or business dispute you be involved in, it is a terrible divorce, whatever the case may be. Maybe some of you are former felons. You’ve served your time. Maybe some of you are under investigation today. Maybe some of you are facing an IRS audit. And what if they could all say all these government entities, you know, crime fraud, exception, Judge? We want to know what that person discussed with their lawyer. We want their notes. We want their texts. We want their emails. Well, you better have some real crime fraud exception for that to happen today, because you can’t have a fair trial. When the government. Use his your lawyer to testify against you. And yet that’s exactly what happened to Donald Trump in the documents case. So there’s four areas. Four. And there’s more. So when these legal analysts and their ilk go on TV, but you know that documents the case, that’s a very, very serious matter. It’s serious because of the abuse of power by the prosecution. And don’t even get me started. The Presidential Records Act. It’s not even mentioned. And yet, if Donald Trump relied on the Presidential Records Act, even putting aside his belief that he could declassify it will which he can put that aside. If he believed under the Presidential Records Act that he had the right to take with him whatever he wished. And they keep it. That’s not a crime. That’s not a crime. So Mike Pence is at 1% or less, is being quoted all over. Fox is being quoted all over the radical left media. He’s being used as the foil that he wanted to be used for. And you know what that means? He just destroyed his career because he’s not doing it out of integrity. He’s not doing it out of principle. He’s just doing it now. Where has he been if this is really the way he felt? I’ll be right back.
Segment 4
Donald Trump had to know he was lying, says the indictment, had to know he was lying to the American people and their state legislators. First of all, let’s pretend that that’s correct. So what? What does that prove? What the hell is this? What is this? And go down the list of the Democrats who were lying about past election. You don’t criminalize these things. So you have these disgusting, exploitative opportunists on the Democrat Party side, on the Republican side. You’ve got Mike Pence, Chris Christie. Isa Hutchison, Will Hurd, half of them, maybe three out of the four, can’t even get enough support to be in the on the debate stage. You don’t need a lot, you know. Shameful, absolutely shameful. What’s being done to this country in our electoral system. Just disgusting. You see? Ladies and gentlemen, we’ve reached a point in this country where the totalitarians are making their move. That is, the Democrat Party and their Marxists are making their move. This is a revolution. And we have a lot of suckers in the Republican Party who think that by. Giving aid and comfort to that revolution, that somehow they’ll be drawing your attention and your support. Or maybe the people who write the history books. Well, pat them on the head. Or maybe they actually believe they’re righteous. When in fact they’re the opposite. These truly are the times. The times that test men sold. Whether you’re a patriot who loves this country or it doesn’t, we are staring this tyranny straight in the eye. And then we have the quislings stabbing us in the back. Well, we’re trying to fend off what’s in front of us. They won’t be forgotten either. They won’t be forgotten either. The document charges are ridiculous. They wouldn’t have been brought by any other prosecutor, by any other administration against any other former president. The interference in this election is beyond grotesque, and it is constant in its ongoing. I don’t care if it backfires or not. It’s 100% inappropriate. Unconstitutional. Then they dropped this. Four charges against. Against Donald Trump charges that you can concoct against anybody. And what happens? These Stalinist tactics are used. And people who you even thought you knew expose their inner soul. It’s very dark. Very dark. That’s what’s going on in your country this evening. The media are corrupt. Because they are the state media. By state media, I mean the Democrat Party media, the Democrat Party is leading this revolution. Every part of it, every Marxist force within it. I’ll be right back.