February 9th, 2024

On Friday’s Mark Levin Show, President Biden committed serial felonies under the Espionage Act during his long and lousy career in Washington D.C. despite what the special counsel concluded. Biden was not the President at the time of these violations and has no executive privilege, unlike Donald Trump who had the power to declassify documents as the executive branch. This is a cover-up, not of the facts, but because of the lack of prosecution of Biden for knowingly stealing classified information for decades. If it is true that immunity does not follow a president when he leaves office and returns to the private sector as Democrats are claiming with Trump, the same should be done to go after Biden by the next Republican administration. Also, there are several organizations and individuals who are now calling for Nikki Haley to suspend her campaign and drop out of the 2024 presidential primary in order to unite the Republican party behind Donald Trump.

Photo by MANDEL NGAN/AFP

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

Rough transcription of Hour 1

Segment 1
Hello, America. Mark Levin here. Our number 877-381-3811. 877-381-3811. Now America, do not miss my show tomorrow night. We don’t have one Sunday. We have what’s called the Super Bowl. I don’t know what that is. Super Bowl is like a big bowl of Frosted Flakes or something. But anyway. Just kidding. 8 p.m. Eastern tomorrow. Just a killer show. We’re going to have Governor Ron DeSantis. We’re going to have Leo Terrell, and we’re going to have me. So I’ve taken a lot of time since early this morning to actually read the 388 page report that the special prosecutor put out. People have been talking about pieces of it. People have been giving your theories about it. I’m going to tell you and I’m going to demonstrate it to you and I’m going to prove it to you that Joe Biden committed serial felonies in violation of the Espionage Act. Serial felonies. It is much, much, much worse than you’ve heard anywhere. TV. Radio. Telegraph. Homing pigeon. Unbelievable what this man did in the course of his long and lousy career in Washington, D.C.. But first, I want to remind you what the relevant part of the Espionage Act has to say. Party ready. However, having unauthorized possession of access to or control over any document writing code, book, signal, book, sketch, photograph, photographic, negative blueprint Plan Map Model. Instrument Appliance or note. Relating to the national defense for information relating to the national defense. Which information. The possessor is reason to believe could be used to the injury of the United States or to the advantage of any foreign nation. Willfully hello communicates, delivers, transmits or causes to be communicated, delivered or transmitted or attempts to communicate the transmitted cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, but willfully retains and so forth. You get the point. The original form of this law was passed in 1917. So the law is 107 years old. There are many aspects of this lie real problems with. But that’s the law. Now let’s first clear out the underbrush. Joe Biden at the time of these violations was not president of the United States. Under the Constitution, the president is the executive branch. Everything flows from him. There are no departments. There are no agencies. There’s no CIA, FBI, There’s none of that. There’s actually no Defense Department. None of it. And so the president is created in the Constitution. He is the executive branch. Everything else thereafter follows. President is not answerable to his departments. He’s not answerable to his Cabinet. He’s not answerable to some regulation or rule that they put in place about declassification. I’ve made this point a hundred times. Maybe a thousand. Maybe a million. Only he. He is the only one who can classify and declassify at will. At will. Unless the Constitution is amended. And I don’t know if anybody has even proposed an amendment to change the Constitution. Can’t change it by statute, certainly can’t change it by regulation. You can’t change it by executive order. And so when Donald Trump took. Classified documents with him. He says, I thought about declassification. Therefore I did. I would put it a different way. The physical act of removing a document. Is the action of a president whose declassifying president isn’t going to commit a felony by doing what he can do. In the first place. So the Espionage Act doesn’t apply to a president. It doesn’t even apply to a former president. It applies to everybody else. Including the vice president, secretary of state. That’s number one. Number two, can you indict a sitting president? The position of the Department of Justice over a half a century has been no. Both parties. Different presidencies, different attorneys general. But if you’re if you’re Jackie Smith. The so-called special counsel who violates attorney client privilege, violates executive privilege, violates immunity, who rewrite statutes, who undermines attorney client privilege. All these things which created all these constitutional issues of first impression. Well, then you would go ahead and indict and let the chips fall where they may. Would you not, Mr. MATTHEWS? Well, run it up the flag to the Supreme Court, see what happens. So they’re they’re literally bulldozing down every tradition. Every understanding. Our precedent when it comes to the Constitution, the rule of law, and Donald Trump, they’ve created these these issues of immunity. Now, having said that, having generally told you about the Espionage Act, now I want to read to you. It’s actually pretty compelling. All the talk is about Joe Biden, the imbecile that the special counsel has concluded, that Joe Biden is an imbecile. He does more than that throughout this report on which you remember Comey and Hillary Clinton. Throughout this report, he makes a devastating case of criminality. On multiple occasions and you’re going to hear it and yet laced throughout. And he makes a devastating case, he says, but a jury would likely not convict, but a jury might view him as a doddering old fool. My words. But a jury might say that he didn’t mean it, but a jury said so. There is schizophrenia in this report. Jim Comey could have written this report. It’s clear that this prosecutor had no intention ever of charging Joe Biden, raising the issue. Can you indict a sitting president ever? Every. And so on one hand, he makes a devastating case of a serial criminal who’s committed multiple acts, a felony under the Espionage Act. Then on the other, he argues, But there’s no point in charging because we’d never convict. We’d never convict. Why? He’ll give you a thousand reasons why. And then he compares it to Trump. And this isn’t Trump. We got obstruction. I’ll deal with that later. But let’s deal first things first, because what you’re going to hear here is something you haven’t heard anywhere else. Why? I don’t know. And I don’t much care. Let’s begin the process. You ready, Mr. Blues? It’s almost 400 pages. And one of the things about news people and hosts and talk show guys and they want to get right to the summary. They want to get to the headlines in their you know, they want to pull from it. And so. I read the report. So you didn’t have to. Our investigation uncovered evidence that President Biden willfully retained to disclose classified material. So let’s stop right there. You’ve heard this all over it because it’s on page one. But the strength of this is Joe Biden. Get up yesterday, he gets up in front of a microphone and says, they found that I did not willfully. It’s right there in black and white. First sentence in the second paragraph. Most analysts. That’s where they start. Let’s keep going. Our investigation uncovered evidence that President Biden willfully retained to disclose classified materials after his vice presidency when he was a private citizen. Okay, That’s a crime. These materials include one marked classified documents about military and foreign policy in Afghanistan. Two notebooks containing Mr. Biden’s handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods. FBI agents recovered these materials from a garage, offices and basement den in Mr. Biden’s Wilmington, Delaware, home. I cooperated fully. Ladies and gentlemen, as you’re about to find out, he did this for a half a century as a senator, as a vice president, as a private citizen. And he got caught. That’s like a criminal raising his hands. It’s our cooperate. ASHCROFT But the crimes were committed. The Espionage Act doesn’t say that after you’re caught, you cooperate with the government and therefore you have a clean slate. That’s not what it says. However, for the reasons summarised below, we conclude that the evidence does not establish Mr. Biden’s guilt beyond a reasonable doubt. That is a lie. That’s why it’s important to read the report and not draw up theories and conclusions. They make the most compelling case for prosecution and then they take it back again. It’s like Comey. Later in the report, Biden regularly wrote notes by hand in notebooks. Some of those notes related to classified subjects, including the president’s daily brief in National Security Council meetings. Doesn’t get any more classified than a daily brief. And some of the notes are themselves classified. After the vice presidency, Mr. Biden kept these classified notebooks in unsecured and unauthorized spaces at his side. Virginia He rented a home in Virginia, which he left in 2019 at his Virginia and Delaware homes, and used some of the notebooks as reference material for his second memoir, Promise Me Dad, which was published in 2017. All right, let’s stop. Let’s unravel this. So he took notebooks full of classified information, among other things, put it in unauthorized spaces in his Virginia home and then in his Delaware homes. And he used those notebooks. With a ghostwriter, shared the contents of those notebooks with a ghostwriter to write his second memoir. One’s done Enough for Joe, you know, is such an important career. All right, let’s keep going. To our knowledge, no one has identified any classified information published in primates. Me, Dad. But Mr. Biden shared information, including some classified information from those notebooks with his ghostwriter. That is a crime. Pure and simple, black and white. Right. They’re under the Espionage Act abroad. I said the sharing of such information willfully. Of course he did it. It wasn’t by accident. FBI agents recovered the notebooks from the office and basement den and Mr. Biden’s Delaware home in January 20, 23. Now, think about this. As they’re going after Trump, as they’re throwing 41 charges against Trump, most are not under the Espionage Act. Which I contend doesn’t even apply to him. But that’s the second issue. Biden is silent. Doesn’t say a thing. He doesn’t say, By the way, you guys might want to search my home, my garage, you might want to search the Biden Penn Center in Washington. Doesn’t say a thing. You might want to go to the University of Delaware where there’s 300 boxes and he stole stole documents out of the skiff as a U.S. senator. They had this guy dead to rights. Not even close. Mark classified documents about Afghanistan. These documents from the fall of 2009 have classification markings up to the top secret, sensitive compartmented information level. Doesn’t get much higher than that. Last night during his press conference or whatever you want to call it, he said, I didn’t have the courage, you know, with the things in the corner, the red colors, and somebody who was clear that’s at the highest level is chief of staff to the attorney general, where I saw espionage activities for and against us. But we had approved wiretaps and so forth, all that stuff. If something is more top secret, sensitive, compartmented information level, it’s not only has those red things in the corner, it has red lines and very bold black. Statement. Top secret, sensitive, compartmentalized information. Mr. Biden wrote his 2007 and 2017 memoirs with the help of a ghostwriter and a. Recorded conversation with his ghostwriter in February 2017, about a month after he left office, Mr. Biden said, while referencing his 2009 Thanksgiving memoir. It’s a Thanksgiving memoir about Afghanistan that he wrote to Obama strongly opposing sending more troops in there, even for a surge that he had, quote, just found all the classified stuff downstairs. So in 2017, he tells the ghostwriter, I just found all the classified stuff downstairs. That’s 2017, Mr. Bennett. So he knew he had the classified stuff, quote unquote. He didn’t come forward and say, I had the classified stuff. At the time, he was renting a home in Virginia where he met his ghostwriter to work on his second memoir Downstairs from where they met. Was Mr. Biden’s office restored his papers? He moved out of the Virginia home in 2019, consolidating his belongings in Delaware, where FBI agents later found Marte classified documents about the Afghanistan troop surge in his garage. Now, after stating a. A case that’s really impossible to defend against. This is really a strict liability law. Two paragraphs down. These paragraphs starts with this sense Several defenses are likely to create reasonable doubt as to such charges. Several defenses create reasonable doubt as to such charges. Try with the courtroom. That’s why we have a trial. You try to prove the allegations. They can raise whatever defenses they want. This is appalling. More. A lot more when I return.

Segment 2
Let’s continue, shall we? Stick with me, folks. I do this so you don’t have to trust me. We’ve also considered and this is where everybody’s grabbing because it’s on page six. So they basically read the first 12 pages of the report and that’s all they read. We’ve also considered that a trial. Mr. Biden would likely present himself to a jury, as he did during our interview of him as a sympathetic, well-meaning, elderly man. This is the best defense with a poor memory based on our direct interactions with and observations of him. He’s someone for whom many jurors will want to identify reasonable doubt, be difficult to convince a jury that they should convict him. By then, a former president well into his aides of a serious felony that requires a mental state of willfulness. Now, the left is very upset about this. They don’t want you to know that Joe Biden is at stage five of stage seven of dementia and that he is legally an imbecile. Obviously, we know he is. That’s been confirmed now. That’s been confirmed by our own eyes and ears. But more when I return.

Segment 3
I want you keep in mind what Jacqui Smith, the rogue man, what he would do with this information so far. So that’s pretty much where the media and the commentators have left it. But we’re going to go on. So they they say, look at this, it’s unbelievable. And then they said, but a jury would do this and they wouldn’t find reasonable there. But it’s unbelievably outrageous a cover up. Now, they’re not covering up the facts. It’s a cover up in that they won’t prosecute. And yes, of course, there are issues related to whether you can indict a sitting president, but they’re pushing the edge of the envelope on every other constitutional issue. Why wouldn’t they pushed on this for obvious reasons. They don’t want to charge him. Notebooks containing classified information. FBI agents recovered from unlocked drawers in the office and basement den of Mr. Biden’s Delaware home. A set of notebooks, they said, of notebooks he used as vice president. Evidence shows that he knew the notebooks contained classified information. So he knew right. He knew the notebooks he had taken home contained classified information. It’s a crime. He’s not president. He’s vice president. Some evidence also suggests Mr. Biden knew he could not keep classified handwritten notes at home after leaving office. Now, this is a man who worked on the Senate Foreign Affairs Committee. This is a man who would go into the Senate. SCHIFF This is a man who was in the Senate for 36 years. This is a man who was handling top secret information, whether it’s domestic with the FBI, whether it’s CIA and other intelligence agencies. He’d been doing it his whole life. He knew the rules. Mr. Biden, who had decades of experience here you go with classified information, was deeply familiar with the measures taken to safeguard classified information and the need for those measures to prevent harm to national security. You have heard this, have you? Because we’re getting past page six. Asked about reports that former President Trump had kept classified information at his home, Mr. Biden wondered how, quote, anyone could be that irresponsible, unquote, and voice concern about, quote unquote, what data was in there that may compromise sources and methods, unquote. He says this excuse me. He says this publicly, knowing full well he had classified information because he says someone 2017 to the ghostwriter and shares the information with him. He’s such a sleazeball. Well, vice president. He kept his notebooks in a White House safe for a time and contrast with his decision after leaving office to keep them at home and unlocked drawers so he knew that they needed to be protected. He becomes a private citizen and they’re all over the place. Though it gets worse. It goes on in the report we also considered I’m jumping into the report not I can’t read you 388 pages. I’m going to the most powerful parts. We also consider whether Mr. Biden willfully disclosed national defense information to his ghostwriter by reading aloud certain classified notebook passages to the ghostwriter nearly verbatim on at least three occasions. That’s a crime. Mr. Biden should have known that by reading his unfiltered notes about classified meetings in the Situation Room, he risked sharing classified information with his ghostwriter. But the evidence does not show that when Mr. Biden shared the specific passages with his ghostwriter that Mr. Biden knew the passages reclassified and intended to share classified information. That is a lie. That is a cover up. That is appalling coming from this prosecutor. Let’s go out further into the report with a media dare not delve on the facts of this case. Quote, The fundamental interests of society, unquote. Ready for this one do not require criminal charges against Mr. Biden. So for this additional reason, applying the principles of federal prosecution set forth in the Justice manual, we declined to prosecute. In other words, it’s just not in the national interest. It’s not in the fundamental interests of society, quote unquote. So we’re not going to charge him. Doing everything humanly possible. To excuse serial felonies under the Espionage Act. Does Donald Trump get a shake like this? And of course, he used the protection of being the executive branch. This is when Biden was vice president, any private citizen. The practices of retaining classified material and unsecured locations, and reading classified material to one’s ghostwriter presents serious risks to national security. Given the vulnerability of extraordinarily sensitive information to loss or compromise to American adversaries. Well, then why don’t you charge them, you idiots? No, we can’t do that. He’s an imbecile. And the jury may or may not convict him. And the department routinely highlights such risks when pursuing classified mishandling prosecutions. But addressing those risks through criminal charges, the only means available to this office is not the proper remedy here. Believe this. This? Is it the proper remedy to enforce a criminal statute? No. And Biden has no defenses. Trump has a massive constitutional defense. Biden has none. None. Did I say none of the FBI? Other classified materials recovered additional MARC classified documents at the Penn Biden Center. Remember that? Remember that ruse? The communist Chinese made an enormous donation to the University of Pennsylvania, you know, anti-Semitism Center. And Biden got like 900,000 $1,000,000 a year for sitting on his ass and eating ice cream cones elsewhere in Biden’s Delaware home. So it’s in the Biden Center. It’s in his Delaware home and in collections of his Senate papers at the University of Delaware. But the evidence suggests that Mr. Biden did not willfully retain these documents and that he could plausibly have been brought to these locations by mistake. So where are they? They don’t tell us. Well, then you conduct an investigation. Yes. She might be confused now as any normal human being would be. I thought they said he willfully retained the documents they did right up there upfront in the second paragraph where everybody is reading from, but here they contradict themselves. And that’s why Biden said they didn’t. It’s a damnable indictment of Biden. Biden’s ghostwriter in destruction of evidence. You’re going to love this one. After learning of the special counsel appointment in this matter, Mr. Biden’s ghostwriter deleted audio recordings he had created of with discussions with Mr. Biden during the writing of Mr. Biden’s 2017 memoir. The recordings had significant evidentiary value after telling the special counsel’s office what he had done. Okay, stop. Well, why did he do that? Then I’ll answer that. Why did the Ghost writer? I don’t have ghost writers. It’s, you know, everybody else to everybody else, I don’t. Why did he destroy the recordings? It’s not a matter of he had other information. Why did he do that after learning that there was an investigation? But they they cover for this guy. After telling the special counsel’s office what he had done, the ghostwriter turned over his computer external hard drive and consented to their search. Well, of course he did. Based on the FBI’s analysis, it appears the FBI recovered all deleted audio files relating to the memoir. Though portions of a few of the files appear to be missing, which is possible when forensic tools are used to recover deleted files. But the ghost writer captain did not. The leader attempt to delete his near verbatim transcripts of the recordings and produce those transcripts to us, including for each of the incomplete recovered files that does not. Addressed the issue of why he. Destroy the recordings. So he finds out you do an investigation, he destroys the recordings. Well, the ghost writer admitted he deleted the recordings after he learned of the special counsel’s investigation. The evidence falls short of providing beyond a reasonable doubt that he intended to impede an investigation, which is the intent required by law, because he kept the other stuff you see. So why did he destroy it? We don’t know. You can read all 388 pages. And they don’t tell us. Hmm. This is why you’re sticking around when I’ve done. Want to hear some more. In 2010. By my calculation, 14 years ago, he was vice president because he. No, he was vice president. Joe, you were vice president in 2010. But yes, the executive secretariat team around Biden raised concerns about the number of classified briefing books that Mr. Biden had not returned. What you haven’t heard this one have, you know, a little too deep into the report. They can’t get that far in the media. And the fact that even when they returned some of the content of those reports, those briefing books were missing. These concerns were raised with Hogan. Hogan was. His lawyer, the vice president’s counsel, and it’s a she Hogan, as well as Mr. Biden’s personal aid and military aides. Emails indicate that the executive secretary team alerted Hogan, the lawyer, to the issue, at least in June of 2010, when nearly 30 of the classified briefing books from the first six months of 2010 were outstanding, a.k.a. weren’t returned. And in August 2010, when Mr. Biden failed to return, top secret, sensitive, compartmented information also referred to as code word contents of classified briefing book that he had received during a trip to the Hamptons in New York. Wait a minute. I thought he went to Scranton, Pennsylvania. So why didn’t they issue a subpoena? Why wasn’t there a grand jury? Why wasn’t there a warrant? Why wasn’t there a SWAT team? All these places. We were unable to determine whether these materials were ever recovered. What? What? Although they were likely found disposed of by military age or naval enlisted age, they have no idea what happened to these materials. No idea what happened to 30 notebooks. Briefing books. They don’t know. They share mine. They have no idea. These are crimes. The return of classified briefing books without all the other. Their contents frustrated the executive secretary team. His own staff was frustrated and he trashed them, you might recall. As for Biden, they said that we need more security procedures for the vice president. Even after those measures were implemented, they write, the executive secretary team continued to struggle to retrieve classified briefing books from Mr. Biden. Wow. Wow. Hmm. Deeper into the report, we go. We’re inquiring minds and the media don’t want to go. During the Obama administration, Mr. Biden’s staff, regularly collected and reviewed, is no cards to determine if they contain classified information, and so they could eventually be archived as presidential records at the end of the administration. Mr. Biden staff arranged for him to store most of his classified note cards, which contain notes on the president’s daily brief, top, top, top secret and other classified information in a skiff at the National Archives. In contrast, Mr. Biden held his notebooks close and his staff did not review them. And after the administration, meaning one, he was a private citizen. Mr. Biden brought his notebooks home with him and stored them in an unsecured location, several locations that were not authorized to store classified information, even though the notebooks like the note cards, contained classified information. He knew exactly what he was doing. He had no presidential protection under the Constitution. He stole the documents. He took him home. His staff was doing everything they could to prevent this. In the final years of his vice presidency, Mr. Biden began writing his memoir about his time in office. Boy, that should be like three pages of empty of empty pages. My conviction When conceiving of and writing the book, Mr. Biden worked with a ghostwriter, Mark Zweig, NETZER in 2016 to announce a reached out to Biden staff and requested help with locating Mr. Biden’s journals and notes that would be helpful in writing the book. As he approached the end of his vice presidency, Mr. Biden sought to keep copies of his note cards and other records for use in the book writing process. You see, he can’t write his own book because he can’t read a book, can’t do a staffer involved in the project. Biden wanted to take copies of the no cards quote, so they didn’t have to keep going to the National Archives every day to help write his book. I don’t remember the National Archives shooting up red flares, do you, Mr. Museum? In late September 2016. My calculation eight years ago was wanted, said the ghostwriter, email Mr. Biden’s chief of staff to schedule an interview with Mr. Biden. He said he wanted to cover, quote, very specific topics and timeframes. Said he would tell you exactly what ground and time period I want to cover in the session so the VP could have relevant notes, diaries, etc. with him when we talk. Hmm. Oh, there’s more. And it’s a killer. Around the same time Mr. Biden’s staff made copies of their notecards and organized them into binders so that he could take them after he left office. Their notes were organized by topic and date. For example, one binder contain copies of notes Mr. Biden took during President’s daily briefs and his lunches with President Obama. The binder contain notes of classified meetings and information. Other binders contain copies of Mr. Biden’s note cards organized by year. Wow. But the stab to the heart is about to come, and I have to take a break. So stick with me. I’m not done. I’ll be right back.

Segment 4
All right, let’s keep going. By the way, a prosecutor friend of mine writes me and of course, he’s 100% correct. Let me pull it up here. I mean, this is so. As a former prosecutor early in my career, I know and I’m sure you know, the question for a prosecutor is not whether you can prove something beyond a reasonable doubt, but whether you can establish probable cause that a crime was committed and that that person committed it. If so, you take it to a grand jury and see if they agree. If they agree, then you take it to trial. Let the finder of fact determine whether it’s proof beyond a reasonable doubt. This report is infuriating. Just so you know. Now, before I complete this and there’s a ton in here, I just can’t read it all. But you get the drift here, folks. It’s brutal. I have to tell you about a sponsor, but I want to tell you something. If it is in fact true that immunity does not follow. A president. Who goes into the private sector. Then the next Republican Department of Justice needs to carefully examine everything that Joe Biden has done as president, and they now have the precedent of the Klan Act of 1870. They have the precedent of the Section 1512 of the Criminal Code, the Enron statutes. They now the precedent of the federal contractor, you know, statute, all that they’ve used against Trump on January six. Let’s take it now. Use and dust off any law they want to go after Joe Biden. That’s what those dumb bastards on the circuit did. Don’t leave. I’m not done. I’ll be right back.