May 16th, 2024

On Thursday’s Mark Levin Show, President Biden has unconstitutionally invoked executive privilege over Special Counsel Robert Hur audio recordings in order to protect his image and deny the House of Representatives access. The full force of the Department of Justice is being used to prevent the House from accessing this information which could potentially lead to an impeachment. When it comes to the core functions of government the Framers of our Constitution would not recognize this government today because we barely live in a Constitutional Republic. We have a lawless government and a lawless media that supports it, which is why Republicans must win this election and stop this Democrat Marxist totalitarianism. Also, Biden removed Cuba from the list of terrorist states despite their ties to Hamas and the terrorist regime in Iran. The Biden Administration has shown they are anti-American and anti-Israel while siding with our enemies like Iran.

Photo by Demetrius Freeman/The Washington Post

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. Well, I’ll be on HANNITY tonight around 9:30 p.m. Eastern to discuss Robert Costello, the case involving really Michael Cohen. Because at this point. And I’ll elaborate more on this later in the program. As far as I’m concerned, Allen brags on trial. I’ll explain what I mean by that later. But in the meantime. Joe Biden. Has asserted executive privilege. Over his own tape recordings. That is video recordings. He’s asserted executive privilege that. The House of Representatives does not have any. Right. To those recordings. As Katie Pavelich writes at town hall. Biden has asserted executive privilege over his audio interviews. Audio? Sorry. Well, the former special counsel, Robert Hare, publicly released a transcript. In addition to his investigation into Biden’s mishandling of classified information revealed serious memory loss and confusion for the president. But Biden’s executive privilege claim is being blasted as a cover up, an abuse of power. Here’s Elise Stefanik. Joe Biden disregarded over 250 years of constitutional executive privilege when he orchestrated an unprecedented raid on President Trump’s home to obtain presidential records that President Trump was allowed to have under the Presidential Records Act. Now Joe Biden’s hiding. Just to get this straight, writes our buddy Ben SHAPIRO. Joe Biden is asserting executive privilege in order to safeguard tape of a law enforcement interview with him about his criminal mishandling of classified information that showed he was senile. Mm hmm. Mm hmm. Sean Davis, The Federalist. Biden put Trump aides in prison for asserting executive privilege. Meanwhile, he’s hiding audio of his deposition with the Department of Justice prosecutor, trying to determine if he broke the same law he’s charging Trump with breaking. Given the White House counsel’s reasoning, which was reiterated by Attorney General Merrick Garland. The claims of abuse are right on target, especially for political purposes. An election year. White House counsel Edward Sisko said the absence of a legitimate need for the audio recordings lays bare. You’re likely going to chop them up, distort them and use them for partisan political purposes. Meanwhile, Republicans plan to move forward with contempt and they just voted on it. Against Garland for withholding the audio interviews. Now let’s slow down. Executive privilege is not used. Because it might embarrass the president of the United States if certain information gets out. That’s not what executive privilege is for. Executive privilege is to protect. Under separation of powers. Vital. Tools that the executive branch has. This has nothing to do with that. They’re asserting executive privilege as a cover up. Because this man is such a mess, said such outrageous things. That they are afraid if you actually get to see them, the American people, if you actually get to see them. That he’ll lose by a landslide. Well, we have every right to see them. We paid for them in the first place. There is no privilege of any kind, presidential privilege. Other privileges that Bill Clinton invented to cover his sorry ass. You understand? This is not legitimate use of a constitutional power to protect separation of powers. In fact, it’s the opposite. Congress has no need for this, asserts the president’s lawyers. They don’t get to decide what exactly is the constitutional protection. For asserting executive privilege in this instance. There’s not one. There is not. There is no legitimate executive privilege, and he asserts it. To cover his serious because he doesn’t want you to hear and or see, depending on what they’re hiding. Joe Biden in action. Conversely, on at least eight occasions, Joe Biden waived executive privilege. When boxes and boxes of information. During the time when Donald Trump was president. We’re delivered to the Soviet style. Nancy Pelosi. Disney. Liz Cheney. January six Committee. He couldn’t waive executive privilege fast enough. He didn’t care about separation of powers. He didn’t care about the politicization of what was taking place. He didn’t give a damn. Now, the Democrats like to say these trials are very important, that we get them out. Hillary Clinton among them. Get them out. Get the determination. Get the sentences before the election so we know who exactly we’re voting for. Now, that’s not how justice is supposed to work. Phony cases with phony charges. With hyperspeed cases being heard in order to convict somebody, if you can. Before the election here. This has nothing to do with that. The House committee involved, the Judiciary Committee and others have been attempting to get these tapes for months. And for the Department of Justice to say, well, they don’t have any legitimate purpose for them. That’s not the issue. The issue is this. The president and the members of his regime have no legitimate constitutional standing to prevent the release. None. It’s a massive cover up. Here’s Merrick Garland, who we never hear from today. Out there as a special mob lawyer for the mob boss Joe Biden, as is his inner circle. And the Department of Justice keep tightening and tightening and tightening the protection around this guy in the lead up to the election. Can’t go back. Attorney General, in your professional capacity, you suggested to the president to invoke executive privilege. He invoked executive privilege. It protects you both personally. Is that a conflict of interest? Now, let me explain what that excellent question is about. They pulled this stunt on executive privilege. Last evening. Maybe early this morning. Because the house was set to hold Garland in contempt. For defying their subpoena. For these tapes. If he’s advising. Biden. To assert executive privilege. He’s protecting his own ass because he doesn’t want to be held in contempt. And remember, there have been people who’ve been held in contempt. You might know Peter Navarro serving a prison sentence. And Steve Bannon just lost his appeal. And those were issues related to executive privilege. Executive privilege is not just for Joe Biden. And so the court struck it down. In Navarro’s case, they struck it down in Bannon’s case. They struck it down in Trump’s case. And Biden was shipping boxes. By the truckload to this January six committee and directing the National Archives to do it with subpoenas being issued by this committee as they were playing inside baseball. Look, we’re going to issue the subpoenas. We need the boxes. Don’t worry. I’ll give executive privilege. And then in that way, you’re getting executive privilege waivers. But now when it comes. Not to presidential records. Not the separation of powers. When it comes to the House of Representatives. Winning full transparency and a criminal investigation that has been concluded so cannot influence that process. But they want to know what the president of the United States said and they want to hear it and see it if the video is available. And I would tell Mr. Galan and the others they do have a constitutional right to see it. They may want to impeach him. He asserts executive privilege to protect himself, and he hoped to prevent Galan from being held in contempt. This is a complete abuse of power. Just like the abuses of power when they were shipping the boxes off to the January six committee, the abuses of power in the appointment of Jack Smith, unconstitutionally the abuses of power when they’re going on behind the scenes with his own operatives and so forth, bringing these cases against Donald Trump. Keeping him in this ridiculous Manhattan courthouse for weeks and weeks and weeks. And now this. And now this. So how does Garland respond? Go. The Justice Department is a fundamental institution of our democracy. We don’t need lectures from you home. The Department of Justice is a fundamental institution of our democracy. I would remind him that the Department of Justice didn’t even exist. When the nation was founded. But if it is a fundamental institution of our democracy, it’s now a fundamental institution of their tyranny, because that’s what they’ve turned it into. Go ahead and on us to ensure that our investigations and prosecutions are conducted according to the facts and the law and without political influence. We have gone to extraordinary lengths to ensure that the committees. Get the responses to their when they don’t want all your extraordinary B.S.. They want the tapes. You’ve given them everything but the tapes. So you could stand in front of that microphone, talk about how you’ve bent over backwards to accommodate them, but you will not give them the tapes. Go ahead. But this is not one to the contrary. This is one that would harm our ability in the future to successfully pursue sensitive investigations. Why? Why? Are you telling me Joe Biden wouldn’t have submitted to an interview when if submitted to a subpoena? He would have been forced to respond in one fashion or another. Are you telling me the retro by knew that the potential existed, that his testimony, audio and or video would be made available to Congress, that he would obstruct justice? That he would deny a subpoena? That he would lie under oath during the course of the investigation. What exactly are you telling us? What exactly? He wouldn’t be cooperating. You talk about political. This privilege claim is political. Go ahead. Now there have been a series of unprecedented and. Frankly, unfounded attacks on the Justice Department. Right. This request, this effort to use contempt as an as a method of obtaining our sensitive law enforcement files. What is so sensitive about these tapes, ladies and gents, are classified information on them? No, but if there was, they could redact that. What is so sensitive? I’ll tell you what. Sensitive. We have a blithering idiot as president of United States. And Robert Harris said in his report, he’s a blithering idiot. In so many words, he’s imbecilic as responses were so cringeworthy that there’s no way he could get a conviction that jury would be so. Sympathetic to a doddering, old dementia ridden man. That’s what he basically wrote. Beside the fact that you said it’s been our position, we can’t indict a sitting president. But that aside, for the moment, that’s what they’re worried about. And so there is the attorney general, the United States, who was silent all through the Hitler Youth, roaming through our college and university, still roaming through our colleges and universities. Does it make a strong speech? Does it say we’re in charge, we’re going to take care of this than say a damn damn thing and does even less? And as even less. Here he is. This could harm their investigative techniques. What investigative techniques? You did an audio. You did an audio. The reason you don’t want to release them is, you know, it would sink any chance you have for re-election because the special counsel, Robert Herr, who’s supposed to be sort of a rhino figure. Was appalled. And said so in the report that when they interviewed you, they were they were appalled, my word. But I’m defining what he said. And they do not want the American people to see it. This is a cover up extraordinaire, especially when you consider what they’re doing to Donald Trump and the waiver of executive privilege. Left and right, left and right. Like he was waving a fan in front of his face on a hot day. I’ll be right back.

Segment 2
More on Merrick Garland came out of hibernation. So he advises Biden to issue executive privilege order to protect himself and Biden. Isn’t that neat? Ladies and gentlemen, that cool? Cut to go. I was wondering like, you know what, these this combined with the efforts to defund Greg Smith and other attacks on vitamin Association officials say, about the broader effort to discredit you and to discredit the Justice Department. And also, how do you manage that? How are you resisting that and what can you do about that? As attorney general, we have to go about our work following the federal principles of prosecution. They said we follow the facts and the law. We screen out outside inappropriate influences. That’s what we’re doing here. We’re protecting our ability to continue to do high profile and sensitive investigations, and we will continue to do that. You guys leak like a sieve. I don’t know what the hell you’re talking about. You mishandled classified and other documents in the document case. You’re sloppy, you’re stupid, you’re arrogant, you’re political, you’re partisan. We know exactly who you are and what you’re up to. That is a phony argument that you’re making. You cover Biden’s ass in your own.

Segment 3
So we take our time with these issues because they’re big constitutional issues. It’s not, you know, to hit and run broadcasting or big constitutional issues. Speaker Johnson responded. To Merrick Garland. He responded to Biden’s use abuse, misuse. Of executive privilege to prevent his own audiotapes from being released. Cut three, Go! About an hour ago, we learned that President Biden has invoked executive privilege to prevent the American people from hearing the audio recordings of his testimony with special counsel Robert her. The American people will not be able to hear why prosecutors felt the president of the United States was in special counsel Robert Herr’s words, a, quote, elderly man with a poor memory and thus shouldn’t be charged. Just think about that for a moment. President Biden is apparently afraid for the citizens of this country and everyone to hear those tapes. They obviously confirm what the special counsel has found and would likely cause, I suppose, in his estimation, such alarm with the American people that the president is using all of his power to suppress their release and rather than defend our closest ally at war, President Biden is using his authority to defend himself politically. Mm hmm. He’s a good man. Then we have Representative Kelly Armstrong, Republican of North Dakota. At this hearing, holding the attorney general in contempt of Congress. I believe the committee did it. Cut forego. The person providing the evidence doesn’t get to choose the manner and form in which the evidence is provided. And this also happens to be a pattern. 5 minutes before the her hearing, we got the transcript. 5 minutes before this hearing, we get the invocation of executive privilege. There’s a difference between a transcript and a video and audio, and I don’t possibly understand the argument of we’ll release the transcript, but we won’t release the tapes. And that’s going to determine whether or not somebody participates in an investigation. Now, let me stop a second. You understand when you say. We’ll give you the tax. We won’t give you the tapes. That has no constitutional defense of any kind. So the content is known. So the full force of the United States Department of Justice is being used to prevent Congress, the House. From seeing excuse me, from listening to the audiotapes. Like classified information. Not confidential information. Certainly doesn’t have any investigative purpose at this point. But it could have an impeachable purpose. That is, yes, they have the text. But the way in which somebody says something could have an impact. Ladies and gentlemen, let’s be very clear about this. This is an attack on you. This is an attack on your right to know what the hell this guy said, which we know, but how he said it, what it was that caused the prosecutor and the prosecutorial team that he has around him. To be appalled by what they saw. And we get to hear it. So the Department of Justice is in full Joe Biden presidential campaign mode of the way it’s going after Trump and the way it’s protecting Biden. Now the media, which usually demand access to all these things, transparency and all the rest. You wouldn’t even know it occurred if I wasn’t talking to you or if you folks on Fox weren’t talking about it. There is absolutely no justification for this. None. Let alone a constitutional one. And I love it when they say it’s just a political purpose. So what? You don’t have a right to deep 60 audios. You don’t have a right to do it, period. Does it affect any investigation in the future? Go ahead. Can be compelled to be done as well. The argument that this is somehow anything other than the DOJ trying to pick and choose which pieces of evidence are which parts of evidence are what they determine is the best evidence to our committee. Is this, quite frankly, not based in any precedent with the under law? Mm hmm. It’s 100% correct. Problem, of course, is when you have a lawless government like this and you have a lawless media that support a lawless government, where do you go from here? The answer is we’ve got to win this election. We have got to win this election. And so now watch how Adam Schiff, who’s running for the Senate. Who probably has lied more than Michael Cohen. But luckily he’s a member of Congress who doesn’t. It’s not held accountable for it. But he’s the Michael Cohen, let me put it that way of the House. And he wants to be a senator. Watch how he jumps to Joe Biden’s defense, proving that this is not a constitutional issue. Cut five, go. And we see this committee unable after months and months and millions of dollars to make any kind of an impeachable case, decide to follow Mr. Hersh’s tainted example. We can’t make a case for any impeachment. There is Mr. Hersh’s tainted example. Why is Mr. Hersh’s? Example tainted. What is it that Mr. Hurd did that was tainted? He didn’t indict your s.o.b. He provided text information or excuse me a. The text of some of the information from the audio. He drew his legal conclusions. I mean, he actually was a straight shooter. If anything, he could have easily pulled the trigger, but he didn’t. He could have been Jack Smith and said, I’m going to indict him. Constitution has to say I can’t indict him just because. The Justice Department has says we don’t indict a sitting president. The Constitution ends. I mean, he could have pushed the edge of the envelope the way Jack Smith would have, but he didn’t. So their boy goes unindicted, uncharged. He actually sold intelligence information for $8 million. Effectively. That’s what he did for his book deal. They have him under the Espionage Act when he was vice president, when he was a private citizen, when he was a senator. And they’re attacking the prosecutor because he made his conclusions. That the guy’s an imbecile. We’re not going to charge him because he will be sympathetic in Washington, D.C. And besides, DOJ says you don’t indict a sitting president. Okay, so the House of Representatives, can we have that audio? We want to take a listen to this. We may have to take a step in there, take some action. Can indict a sitting president, but you can’t impeachment for sure. No. Why? You have no legitimate purpose. You just want to use it against Biden, that’s all. It’s a political season. You just want to use it again. This from the party that’s going after Trump, even putting that aside. That’s not a defense by the executive branch to cover up. For the president of the United States. His testimony. Go ahead. It’s no misdemeanor even. And so we will do the next best thing. And we will use this to political advantage by subpoenaing tapes of an interview. We already have the transcript for. And why? Because the Republicans in this committee have moved from being the criminal defense room for the president. To being essentially an adjunct of the president’s such a swine is such a disgusting. Slimeball. You don’t have a moral fiber in your body. Here. The worst of the worst. Well, you’re one of the worst of the worst. There’s many of them there. But it’s just so grotesque, this guy. And then there’s Jerry Nadler. Jerry Nadler is trashing Israel. Who’s trashing Netanyahu? Because, you see, he sees his district change changing. With the Hitler Youth. And so whatever works. After all, it’s not really Jewish. He’s Marxist. Cut. Six. Go. The special prosecutor decided that there was no reason to prosecute for his own good reasons instead of them. In his report, he made what I regard as a gratuitous smear of the President by his comments on Curtis smear. Prosecutors have to determine the person they’re going to charge is a mental midget and has his faculties are not. And unfortunately he is a mental midget and he doesn’t have his faculties. And this seems to upset you people. Well, then nominate somebody else. Go ahead. I mean, we will see. We don’t need the transcript to see if the president is cognitively impaired. The president speaks all the time. They’re going to be to debates. The American people can decide whether the president is cognitively impaired. They can decide whether his opponent is know a dummy. You’re up there with the with Chef. You really are. They were Schiff. But they are voting. And I believe they did vote to hold him in contempt in the committee. So these two guys are just. You know, spewing their carbon footprint out. It doesn’t really matter, I suppose. But here’s the deal. By asserting executive privilege, we will not get those audio tapes before the election. By rushing. The case is against Trump. They hope to get a conviction before the election. Ladies and gentlemen, I have to tell you something. We barely live in a constitutional republic right now. We go through the motions. I mean, on the edges. Yes. But when it comes to the core functions of government. The Founding Fathers, the framers of our Constitution would not recognize, would not recognize. This country would not recognize this government. They would be shocked. And this is why I say to you and have now for over 20 years. We’re not a constitutional republic anymore. We are not a federal republic anymore. We’re not a representative republic anymore. Why? We’re not a constitutional republic anymore because the Constitution is honored in the breach. In the breach. If it helps the Democrats they honored. If it doesn’t, they oppose it. And we have courts that won’t uphold it. And Federal Republic. That is federalism. The states have almost no say in anything except the extreme left wing. And then the trick is, you see the federal government says, oh, well, that’s states rights. And California, they can do whatever they want, but not in Alabama. Okay. Well, states rights are states rights and federalism is federalism. Now that matter? And then representative Republic. Our whole country’s being changed by executive orders, judicial fiats. You know, bureaucratic regulations, what you can eat, what kind of home you can live in, what kind of appliances you can have, whether you can drive an automobile on and on and on. And nobody’s voting on this. These are these are Fiats being spewed by this massive, ubiquitous federal government. Every day. You work for a living and they’re just putting out these rules. You know, they put out more than a million pages of regulations every single year. I’ve written about this. Not one of them. Is passed by Congress. Now, one of them. I’ll be right back.

Segment 4
President Trump outside the courthouse today. Cut seven. Go. Every single review, every legal scholar that I’ve been able to read said there’s no case, there’s no crime. It’s a disgrace that it was allowed to happen. The judge, as you know, is highly conflicted, like nobody I’ve ever seen in this conflict. And he should not be the judge and should not be allowed to have anything to do with this case. He should be so far away from this case. Outside, if you take a look here, it looks like we’re in Fort Knox. There’s so many police and they don’t allow people to come. You know, you’re allowed. You have friendly protests, but we’re not allowed to have anything here. There are more police and more assistant days of days. I’ve never seen anything like it. Over what everybody, Alan Dershowitz, everybody said there’s no crime here. There’s no crime. Jonathan Turley Every single person. Greg Jarrett. Andy McCarthy. Look, any one you want to name. Mark Levin, great lawyer, all of them great lawyers, great legal scholars, every single one said there’s no crime. This is this is the crime is that they’re doing this case. This was a case that wasn’t going to be done. And then when they announced I was running the. They could have done it seven years ago. This could have been brought seven years ago. But they wanted it right smack in the middle of the election. These are very dishonest people that we’re dealing with. But outside is like Fort Knox. You can’t get within three blocks of this place if you’re a civilian. And it’s a shame what they’re doing, what they’re doing in terms of suppression and election interference. There’s never been anything like that. The good news is the polls are through the roof. One just came out way up in North Carolina, where I enjoyed your way up in Nevada, way up in Arizona. Overall, we’re leading by five, six, seven points. Crooked Joe Biden was crooked president. We’ve ever had the worst president in the history of our country. We have a lot of congressmen and some senators down today, and they’re all up in arms over this. They can’t even believe it. But we have quite a few congressmen. I guess you’ll be talking to them in a little while. But I want to thank you very much for coming. At least we’re getting the word out, But it’s very unfair. I’d like to be in these various states where I should be campaigning like anybody else is a Biden trial. This all comes out of the White House and the Department of Justice. This is all of them. In fact, they lead person from the DOJ is running the trial. So Biden’s office is running this trial. This trial is a scam and it’s a sham and it shouldn’t happen. Now, ladies and gentlemen, on Saturdays, life, liberty and living, we’re going to have Bob Castello. But an exclusive Saturday interview followed by Newt Gingrich, followed by Ben SHAPIRO. That is a murderer’s row of guests. Very, very important. Sunday, we’re going to have Senator Ted Cruz. And Stephen Miller, another murderer’s row of guests. And me, of course. When we return, I want to talk to you. About two issues. They really have not been focused on enough. By the legal analysts or anybody else. Brady versus Marilyn. That’s a Supreme Court case that goes way back into the 1960s. Well, what’s that all about? What’s that have to do with anything? In suborning perjury. What in the world is that? What’s suborning perjury, remember, in the Clinton case? Remember the Clinton case. His lawyer, Bob Bennett, unwittingly made statements because Clinton gave them false information. He made them. So Bennett didn’t commit perjury, but Bill Clinton suborn perjury. Let me get into this with respect to this Brad case. We’ll be right back.