On Wednesday’s Mark Levin Show, despite all the lies and static about “the conservatives” on the present Supreme Court, who are actually originalists doing the job of real jurists, these activists are destroying and intending to destroy the judicial system, using it as a kind of politburo to impose their ideology from the bench. This is the real Constitutional crisis, not President Trump, Elon Musk, and others trying to re-establish separation of powers, representative government, limited central authority, etc. These entities have the temerity to claim Trump is a threat to Constitutional government as they usurp it and him. The truth is, Trump is a threat to them. No judge has the power to run the executive branch, especially when it comes to such basic executive functions as restructuring agencies, personnel matters like severance, temporary holds on spending to conduct reviews, access to agency information to conduct audits, etc. These judges have no power to substitute their personal and political preferences for that of an elected president. Later, if an executive department or an agency has discretion on how to spend funds or appropriations then it’s clearly Constitutional for an elected President who oversees the agencies to do the same thing. We’re told the only person in the executive branch who cannot participate in this process is the president. That’s preposterous. How can it be a government employee in a back agency issue a grant to a left-wing group but the President can’t alter those decisions? Afterward, Attorney for America First Legal, Michael Ding calls in to discuss new documents they obtained through an ongoing investigation into the National Archives and Records Administration (NARA) confirming that the classified documents case against Trump was a sham prosecution that involved the Biden White House from the start. Finally, Professor Randy Barnett calls in to discuss his book, A Life for Liberty: The Making of an American Originalist.
X
DC Ruling Class v. We, The People & Our Constitution
Politico
Judge allows Trump to implement ‘Fork in the Road’ deadline for federal workers
NY Post
DOJ announces lawsuit against New York, Hochul and state AG James over ‘sanctuary’ status
Washington Examiner
‘Black men love Trump’ dooms Democrats with 42% support: Poll
AP
Federal health agencies restore webpages and datasets following judge’s order
America First Legal
America First Legal Releases Explosive Documents Exposing Biden White House’s Role in Sham Prosecution of President Trump Over Classified Documents
Photo by Andrew Harnik
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. You’ll notice those of you in the audience here that things we discussed 24, 48, 72 hours early. Or. That I’ve written on my books and I’ve shared with you. I talked about soon thereafter. Soon thereafter, activist judges, separation of powers, things that politicians and talk show hosts and cable news types don’t normally dabble in. It’s not something they typically understand. This is why I discuss these things with you. Where the point of the spear. This is why I post the things that I post. On social media because it’s picked up and it’s read. That’s why it’s important that you are the beacon of light. You’re the beacons. So we can keep pressing ahead with this agenda as we fight the radical left and the ruling class. We, the people. Now. I was at Reagan National Airport this morning. Get up to early in the morning, my wife and I took me to the airport. Everything went very, very smoothly. Kept checking. I didn’t trust the airlines test case. American Airlines kept checking, kept checking, kept checking. The snow was not a problem. The ice was not a problem. The plane coming in from Boston American Airlines plane landed on time. Was that our gate? The people working the gate. Two very lovely people, I might add, a gentleman and a young lady. Are they? They were about to get us into our groups. You know this group, That group, Group one through four over here, Five through nine over there. And as we were getting in line, all of a sudden on the big screen canceled. Now, the plane was at the gate. The pilots were in the plane. The crew was in the plane. Cancelled. Now. I’ve had planes cancelled before. Never. While we’re getting ready to get on the plane, it’s right in front of our two eyes. There’s American Airlines there, Reagan National. We were headed to Florida. We had some interviews to do. And then, of course, everybody’s lining up a customer service looking for a way out. The only flight that my wife could help me find was one that would take us through Orlando. And the darn thing would be six and a half hours. I said, I’m not doing that. I went home. And I was supposed to fly out tomorrow morning. But I want the the top executives at American Airlines to understand something, not the worker bees who just do what they’re told and do the very best they can. And in this case, these agents were very concerned and upset. I could see it on their face, like, what the hell just happened? They had no idea. It just flashed on the board and they had to execute policy. When you take a plane. And you give it to other customers because that, I’m sure, is what the hell you did. An inconvenience for the other people who’ve come from God knows where. Woke up at some crazy hour in the morning. And they’re there at the gate, processed through your system, processed through TSA. And there’s nothing wrong with the plane and there’s nothing wrong with the weather. But you make some jackass decisions, some jerk in some dark room with a schedule. Nobody knows who it is or if there’s a committee of them. And show that kind of disrespect and inconvenience. All those passengers or would be passengers. It is pathetic. It is outrageous. And I’m talking to you, American Airlines. Normally I don’t do this. But I have never been in a situation where we’re literally lining up to get on the plane. And cancel pops up on the monitor. Without any warning whatsoever. It’s one thing to do it an hour before so people can hustle and find another flight or contact their family members or whatever. But to do it this way. It’s pathetic. And you can believe I’ll be looking for other airlines to travel when I can. Part of the problem is the airport that I fly into in Florida, There’s limited. Limited. Service. It’s typically JetBlue or American Airlines. And there aren’t many flights to where I need to go out of Dallas, which is what the airline excuse me, the airport that I live closest to. Like, they don’t have to rearrange things for me. But when I in 150 or God knows how many other people drag our asses and do exactly what they say and show up at that gate with a functioning airplane, with a functioning pilot and co-pilot, with a functioning crew, everything’s functioning. And that all of a sudden that pops up on the screen. So they obviously can give that plane to somebody else. You better believe I’m pissed off. And it’s not just about me. It’s about the other people. And it’s not just about them. It’s about you, too. Again, it’s one thing if you have notice, it’s one thing if there’s a mechanical issue. It’s one thing if you have union rules and they’re not showing up. God knows what, a thousand different things. But that’s not what happened here. That’s not what happened. Airline industry is a tough industry to run. But don’t run it into the ground, for God’s sakes. You know. I just thought I’d point that out, Mr. Producer. And the inconvenience isn’t just the inconvenience of travel. You go to an airport and then you have to leave the airport or what have you. It’s everything that flows from that. I don’t know all these other people, what their family situations are, what their home situations are, what their health situations are, what their business situations are. They have doctor’s appointment scheduled. They’re going to see a special surgeon that maybe they’re going to visit a builder and maybe they have a sick kid. They now, I don’t know. It’s all that and more. All that and more. There are legitimate reasons to cancel flights. This isn’t one of them. And I’m using this massive megaphone to make it abundantly clear. It’s one thing to do what you have to do which inconveniences passenger. It’s another thing to show utter and complete contempt and disrespect and inconvenience. Here would be passengers. That’s a totally different story. That’s a totally different thing. And again, even the agents at the desk were stunned. They were good soldiers. They didn’t complain out loud, but they looked at each other. I saw their faces like, what the hell just happened here? They had no notice. They had no idea. One of them grabbed the phone and started to make calls. I could hear her. What’s the problem? What’s the issue? Nobody told us. Exactly. Nobody told them. Now, I’ve got a lot to discuss here. I posted something on the Internet while I was sitting there expecting to get on the plane, tapping it out with my my right forefinger and sang it to Mr. Producer to post. And this is what I wrote earlier this morning for most of you who follow it anyway. The ruling class versus We the People and our Constitution. I’ve spent decades talking about and writing about the judicial tyranny of left wing activist judges and the progressive that is Marxist project, starting with the likes of then Professor Woodrow Wilson. Despite all the lies and static about the conservatives on the present Supreme Court who are actually originalists doing the job of real jurists. These activists are destroying and intending to destroy the judicial system, using it as a kind of politburo to impose their ideology from the bench. Wilson will be proud. This is what he preached. This is the real constitutional crisis, not PO this mosque and others trying to reestablish separation of powers, representative government, limited central authority and so forth. The bureaucracy is a fourth branch of government, something I’ve been writing about and preaching about for decades that is nonexistent in our Constitution. The federal district district courts are not found in our Constitution. Their creation of Congress. Even judicial review can’t be found in our Constitution. The case of Marbury versus Madison established it. But that was a case. That’s not the Constitution. It’s an implied power. Rather than these entities acting with deference and caution, given the fact that they are not in the Constitution. Today, they’re bulldozing their way through the Trump administration, substituting their personal views and preferences for those having an elected president seeking to sabotage his ability to govern. Then they and their surrogates had the temerity to claim Trump is a threat to a constitutional government as they usurp it. And him. The truth is that Trump is a threat to them. The corrupt, power hungry ruling class and their unchecked power over politics and culture. Now Trump is a threat to them. Their century of power grabs and abuses of power. They’re autocrats, not Democrats. They seek the Lord over us, not serve us. And they use our money and the tools of government for self-aggrandizement. They’ve been able to keep most of it in the shadows until now. Notice how they’re desperately defending it. Every inch and penny. The fraud and all of it. No one is saying a president has dictatorial powers except in essence, those who celebrate Franklin Roosevelt and Lyndon Johnson and Barack Obama and Joe Biden. They’re celebrating dictatorships. They’re the closest to modern dictators our nation has ever experienced. All Democrats. Trump complies with federal court decisions. Biden defied the Supreme Court several times, not to mention violated immigration laws and other laws with impunity and with the support of his party and their media. Biden and his party have sought to destroy the independence of the Supreme Court and unleashed a campaign of intimidation and a barrage of threats against justices with whom they disagree. In fact, there’s much about the Constitution they hate, including the Bill of Rights. Electoral College, its authors. It’s a long list. This president complies with federal court decisions even when he disagrees with certain rulings. He appeals them through the legal process. That said, no judge has the power to run the executive branch, especially when it comes to basic executive functions such as restructuring agencies, personnel, matters like severance. Temporary holds on spending to conduct reviews, access to agency information, to conduct audits and so forth. These judges have no power to substitute their personal and political preferences for that of a popularly elected president of the United States. And it’s not lost on you and me that Democrats, whether public sector union bosses or state attorneys general, are behind this latest lawfare. They’re colluding and conspiring these cases. Is your brought in Democrat strongholds to cherry pick favorable judges. The entire edifice Trump is challenging is basically owned by the Democrat Party and paid for by you. They’ve created their own legal system. They’ve appointed their own judges to protect it all. It has nothing to do with protecting the Constitution and everything with dismantling it. The power of the unelected branches and their media are creations of the early progressives, that is Marxists, to perpetuate their power and control even when they lose elections. And that’s precisely what’s taking place. They tried to stop Trump from becoming president, having failed miserably despite their fascistic legal tactics. They’re now trying to sabotage his electoral mandate all the time, waving around the very constitution that they despise. I’ll be right back.
Segment 2
This is breaking news. Federal District Judge George O’Toole, who’d been appointed by Clinton, another tool. But that’s a whole other story. This is Politico. The federal government subsidized so-called news site judge allows Trump to implement fork in the road deadline for federal workers. A federal judge is allowing the Trump administration to move forward with its plan to downsize the federal workforce by offering employees the option to resign now that stay on the payroll through September. U.S. District Judge George O’Toole, an appointee of Bill Clinton, did not address whether the deferred resignation program is legal. Instead, the judge ruled Wednesday that several unions that sued over the program lack legal standing to pursue the issue in court. He doesn’t have to address whether it’s legal. Moran. So the big union bosses, all Democrats, they tried to prevent this. This judge was somewhat receptive to the idea. But I think finally he realized, I’m going to get my ass kicked on appeal. I don’t have any authority of any kind based on anything but my own viewpoint to stop this. This is why I do what I do. America, I think we have an influence here, you and I. The program turned the fork in the road and promoted by Trump advisor Elon Musk, originally at a deadline of February six for workers to accept last week or to temporarily block the administration from enforcing the deadline, while he considered the legal arguments in the case. The Boston based judge denied the union’s request for a court order that would have required the government to continue to hold open the deadline while courts weigh the program’s legality. So stupid was this case that even this judge in Boston had to say. Guys. What are you bringing me here? What do you expect me to do? I actually took a few days to figure this out. I don’t have a leg to stand on. I’d like to help you. I really would. I’m glad you’re here. I know why you’re here in Boston, but there’s nothing I can do for you. Another one where we’re right.
Segment 3
We’re here today because we have filed charges against the state of New York. We have filed charges against Kathy Hochul. We have filed charges against Letitia James and Mark Schroeder, who is with DMV. This is a new DOJ. And we are taking steps to protect Americans, American citizens and angel moms like the mom standing right behind me here. You’re going to hear from them in a moment. New York has chosen to prioritize illegal aliens over American citizens. It stops. It stops today. As you know, we sued Illinois. And New York didn’t listen. So now you’re next. Hmm. Millions of illegal aliens with violent records have flooded into our communities, bringing violence and deadly drugs with them. Fantastic. Banda is a is going to be a great attorney general. Great attorney general and is about time we prioritize American citizens. In 2023, those law enforcement grants. To New York City alone amounted to $1.56 billion, according to the CIA’s Center for Immigration Services, writes The New York Post. The DOJ had been expected to fork over more than 8 billion in funding to cities. And their agencies in fiscal year 2025. The party ordered our department to not enter into any new contract grant or other agreement to provide federal funding to non-governmental organizations that support or provide services either directly or indirectly, that is through subcontracting or other arrangements. To removable or illegal aliens. That move comes as borders are time home and ramps up immigration removal proceedings nationwide. So this is the real deal. And finally, they sued Letitia James as big fat. You know what? But. And the whole call. A permanent Halloween figure. And that’s a good thing. Now, I want to talk to you about appropriations. She says withholding appropriations. This is a little deep, but I’m going to talk about it now. And so you will hear others in cable and radio and so forth and so on, mimicking this. So stick with me. Illegitimate federal expenditures. You know, there can be illegitimate federal expenditures, right? You wouldn’t know that if you if you listen to the Democrats and their surrogates. That refers to unauthorized or improper use of federal funds, unauthorized or improper used use of federal funds. And that includes the failure to comply with relevant statutes, regulations and contractual terms and conditions. What do Elon Musk and Donald Trump are talking about are two sets of spending. Spending that promotes political. And cultural agendas for the Democrat Party and the left and the other kooks and outright waste, fraud and abuse. These are not legitimate federal expenditures under any notion of appropriations. It’s not about impounding funds. Here. It’s about funds that are not legitimately appropriated or legitimately used in the first place. A president clearly is not obligated. To continue to fund fraud, waste and abuse. A president is clearly not obligated to continue to fund through the appropriation process. The political and cultural agenda, the ideological agenda of a single party. The Democrat Party. You see, part of the problem is our guys aren’t making the right arguments. When it comes to appropriations. Which spending bills authorized fraud, waste and abuse. Those are illegitimate appropriations presidents, not not a mannequin who just sits there and watches everything go by. Within his own branch of government. So which spending bills authorized? Fraud, waste and abuse? None of them. Okay, great. And what’s the problem? All of them. Okay, then. It’s an illegitimate appropriation. Congress’s ability to appropriate actually has some constitutional limitations. Not a lot but some. And there’s significant. Which spending bills authorized tens of billions of dollars, if not more, for partisan, political, cultural and ideological causes, groups and projects. That’s not legitimate either. That’s not legitimate either. And certainly the president can make that case. Now if an executive department or agency. Listen to me. If an executive department or agency has discretion. On how to spend appropriated funds, because let’s be honest, Congress is very sloppy. So sometimes they’ll pass these big bills with big budgets and all this throw it into, say, U.S. aid or one of these other government entities. If an executive department or agency has discretion on how to spend those appropriations, then clearly. The constitutional. And elected chief executive of the executive branch who oversees these agencies and departments can do the same thing. How can it be that a 15 in some backwater part of an agency? Can say, you know what, I’m going to issue a grant to this radical left wing, blah, blah, blah group. But the president of the United States, who’s in the Constitution, who’s elected for whom this individual. Has ultimate. Reporting authority, too. How can it be? That the president can’t make those decisions or how can it be that he can’t alter those decisions? It can’t be. It’s not possible. Here’s the truth. Congress has delegated lawmaking to the bureaucracy that it created. It has delegated many spending priorities and decisions to the same bureaucracy. And I would argue that most of this, by the way, violated the whole notion of representative government and separation of powers. Most of it violates the notion of separation of powers since the legislating and appropriating by this. Non-constitutional fourth branch of government is established within the executive branch. The bureaucracy doesn’t sit in the legislature, the courts. It’s not independent. It’s housed within the executive branch and under the president of the United States. So you can see how unconstitutional this entire project is. It violates the core of separation of powers. But putting that aside just for now. Here’s the kicker. We’re told that all the only person in the executive branch. If you listen to the arguments that are being made now, I’m telling you, things are going to be regurgitated as soon as the next legal analyst or political operative can get to a microphone. But stick with me because I have developed these arguments. We are told that the only person in the executive branch had a 200 excuse me, two and a half million bureaucrat. Who cannot pass and participate substantively in this process is the president of the United States. Bureaucrats. Single bureaucrats, committees of bureaucrats, whole offices of bureaucrats can make these decisions. But the president of the United States cannot. Now, that’s preposterous. Oh, there’s more. He cannot make those decisions if his decisions will in any way counter. Counter. Out of control spending. That is, if in any way his decisions are intended to limit the spending or to prevent the spending for these. Fraud, abuse, waste, or political and culturally driven decisions. He’s not permitted to do it, they said. He’s the one person who’s elected nationwide in every state. The only one we have him in the vice president. Not senators, not congressmen. Bureaucrats aren’t elected at all. He’s the only one who’s not permitted. The only person in the entire mass of government who’s elected by all the people, and they tell us he can’t do it. Except if he wants to increase spending. Wants to give the bureaucracy more money. Wants to advance a radical agenda, say. Student loan forgiveness. Or belly dancing in Botswana. Then it’s okay. So only one way may a president involve him or herself in the process if they’re going to spend more money. Whether there’s fraud, abuse, it doesn’t matter. Sure, we expect that right. Or to advance the radical left ideology and politics and culture and the economy and what have you. Then it’s okay because Biden did all those things. It only goes in one direction. You must spend. You must create debt. You must find corruption, waste and abuse. You must support the left’s agenda, the ruling class agenda, the Democrat Party’s agenda. Then it’s okay. And then we’re told the icing on the corruption ruling class cake, it’s compelled by the Constitution. That this entire farce, this entire sham, is compelled by the Constitution which authorizes none of it. And we are told this by the very people who have told us that our Constitution is too old and written by men who were too white. We’re told this by people who have looked for ways. To usurp this constitution, to rewrite this constitution without amendments, to gut the constitution, who are waving around the Constitution in defense of something the Constitution does not even authorize. I’ll be right back.
Segment 4
Remember the remember the year of the award given to Barack Millhouse, Benito Obama, Nobel Peace Prize? He I think he was in office about 14 seconds, just left the men’s room and then got word that he won the Nobel Peace Prize. Remember that? Here’s Donald Trump in three weeks. Liquid. He’s done like what he’s done. Hostages coming home. From three different countries. You’ve got. He’s involved. He’s in the thick of the activities taking place in the Middle East and Ukraine and Russia in terms of. Trying to bring peace to these various areas. He’s given up on Hamas, which is just a matter of time, of course, liquid he’s doing. I don’t think we’ve ever seen anything like this. I don’t I just don’t believe we ever have. It’s incredible. Look what the Democrats are doing. They’re taking to the streets and screaming curse words, sir. Like they’re a bunch of drug addled homeless people. In fact, I thought they were drug addled homeless people. And they seem to think the word that begins with an F is something that appeals to you folks, because now that’s the word they throw out. There used to be Hitler, and now it’s the F bomb. They don’t care if little kids are listening. So they’re obviously they’ve gone nuts. I mean, they are nuts, but they they are now presenting themselves as nuts. But they came across as drug addled homeless people screaming in the middle of the streets. Obviously not a lot to do. Well, there you go, Mr. Producer. That’s what happens when you have stack after stack. You understand what I mean? There’s so much more to get to here, America, and we’re going to get to all of it. Constitutional crisis. We don’t need lectures from a party. That defended slavery and fought a civil war in defense of it. We don’t need lectures from a party that supported separate but equal right up into the 1950s. We don’t need a lecture from a party that supported Woodrow Wilson, who supported eugenics aimed at, among others, black people sick. We don’t need support from a party that supported Franklin Roosevelt, who in 1940 refused to sign a federal anti-lynching bill. We don’t need a lecture from a party. Today that embrace it doesn’t mean Islamism. Centralized government that rejects the whole notion of separation of powers. Balance of powers. Limited powers. A party that goes after. The independence of the Supreme Court, a party that wants to eliminate parts of the Constitution it disagrees with, like the Electoral College. A party. That wants to shred the First Amendment and the Second Amendment and the Fourth and the Fifth Amendment that shreds the Sixth and the Eighth Amendments, the Ninth and the 10th Amendment that liberals in this audience don’t even know what I’m talking about. And part of that takes the 14th Amendment, turns it inside out. In order to advance its radical left agenda. A party that has used and abused our Constitution to try and put a former president in prison while he’s running for president again, based on phony charges. Cockamamie. Cockamamie charges. We’re going to have a guest on later in this program. We’re going to talk about one of these areas, the documents case. With Michael Deng, attorney for America First Legal. They have uncovered documents that demonstrate that the National Archives of the United States isn’t some initial independent agency just collecting documents to put them in frame so you can go to the archives and view them, which is all they’re supposed to do? Pretty much. What? That they set up and lobbied to take out Donald Trump? That’s right. You heard it from me. And we’re going to have one of the attorneys, an American first legal, who’s been working on this, the shocking discovery of documents, which is why you’re not reading about it in many places, certainly not the federal taxpayer financed Politico. You’re not going to see it on day. You’re not going to see it on the Constipated News Network. No, no, no. They’re too busy talking about a constitutional crisis. We are in a post constitutional America dilemma. You don’t even have to ask our friend Byron Donalds. I’ve written about it and I said it, but not because of us, not because of Trump, but because of the likes of you and your party and the Democrats. I’ll be right back.