Discussion:
On Wednesday's Mark Levin Show
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Ubiquitous
2023-08-17 02:05:00 UTC
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On Wednesday’s Mark Levin Show, the U.S. Constitution is silent on
whether you can indict a sitting president or whether a president can
pardon himself, even for federal offenses. If Donald Trump is re-
elected in 2024 and still has all of these indictments against him, or
if he has been convicted in a jurisdiction by Democrats, the
Constitution says nothing about it because the Constitution was written
for virtuous people and not people like Joe Biden and Jack Smith. Given
the conclusion of the DOJ that you cannot indict a sitting president,
the logic would also be that a sitting president can pardon himself,
including from state charges like what Trump is facing in Georgia and
Manhattan. What Trump did in Georgia is common to any politician and
completely normal behavior, yet Fani Willis is charging him with RICO
and criminalizing challenging an election outcome for the first time in
American history. The law is being stretched to extreme lengths to
ensnare Trump for challenging the results of an election that he
believed he won, and if it was legal in 2000 it should be legal now.
These are backdoor insurrection efforts by Democrats to stop Trump from
getting on the ballot and clear the way for Joe Biden in 2024.
Ubiquitous
2023-08-17 02:05:25 UTC
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Rough transcription of Hour 1

Segment 1
Hello, America. Mark Levin here. Our number 877-381-3811. 877-381-
3811. We’re going to have a little bit of fun today. We want to talk
ever so slightly about the Constitution. And you’re in the right place.
You’re with Mr. Constitution, man. And I have to deal with the left,
which in the aggregate is called Mr. Constipated Man. But that for
another day. So Jonathan Turley and a few of us are in a little bit of a
hubbub. All friendly, all respectful. There’s a writer, Newsweek, I’m
afraid, who really doesn’t understand what she’s talking about. That’s
okay. So let me do this in a way that is in plain English and starts
from the top. Given what the Biden administration is doing. To President
Trump. Let’s say President Trump gets elected president. And he still
has all these indictments against him. Or in one of these jurisdictions,
he’s been convicted by a jury, not of his peers of Democrats. What then?
Only look at the Constitution of the United States, don’t we? What does
the Constitution of the United States say about this? Absolutely
nothing. Because you see, the Constitution was written for virtuous
people. And a virtuous people serving in their government wasn’t written
for Joe Biden and Jack Smith. And Fannie and the knucklehead in
Manhattan. It was written for people. Who have virtue and they have
none. So now what do we do? Well, some of the ground has been laid here.
In the past 1973 and in 2000. What do you mean, Mark? The Department of
Justice in 1973. In the re in the administration of Richard Nixon had to
take a look at this. In case Richard Nixon was indicted. And the Office
of Legal Counsel, which is the brain trust, the Department of Justice,
the office that looks at these issues, gives advice to an attorney
general and a president. Look very carefully at the pros and cons. And
of course, it acknowledged there’s not much in the Constitution that
upsets and there’s certainly not much. In our history that helps us even
at the Constitutional Convention. There’s nothing on this. So they
looked at it and they went through it very carefully and I read it. And
they concluded no. Not because the Constitution’s constitution compels
it, but you really can’t or shouldn’t indict a sitting president. Well,
why? Because you will wound up decapitating the executive branch. You
will undermine the voters who voted for that president. They didn’t vote
for the vice president to become president. They voted for that
president. You will endanger America’s national security. He will do all
these things because a president cannot possibly. Effectively be a
president and at the same time. Have time. To defend himself and keep
himself free. Any citizen would have difficulty doing that, let alone a
man who’s who’s the head of the executive branch and in fact, is the
executive branch. He’s one third of our government. Moreover, there are
other issues like how would he be able to negotiate with other
countries? He’d have no respect whatsoever. And what if he’s convicted
and he winds up in jail, Then what? We can always impeach him. Okay,
great. But what if he can remove the. So impeachment is the process by
which. The framers of the Constitution. Set up a a constitutional slash
political process for removing a president, not a criminal process. And
so they concluded in 1973. They using the best thinking and reasoning
and practicality that we possibly can. But the official position of the
Department of Justice says, no, you cannot and must not indict a sitting
president. You cannot allow a prosecutor and a grand jury and then later
a prosecutor. And a trial jury and a judge to determine the outcome. Are
they? Not just an election. But also the decision about whether you
remove a president or not. Can you imagine having a prosecutor? And a
jury deciding if a president stays in office or not. So this is the
opposite of democracy. Which leads us to Donald Trump. If Donald Trump
is elected president. The same argument applies that was argued in 1973
and 2000 that essentially went through all those arguments as well and
effectively rubber stamp the position the government took in 1973. So
you have a Democrat, Department of Justice and a Republican Department
of Justice saying no. You really can’t indict a sitting president unless
you want to destroy the constitutional construct. And moreover. You’re
violating his due process because he can’t possibly defend himself. You
know, he has to sit with his lawyers for hours at a time. They have to
go over depositions. They have to go over documents. They have to go
over exculpatory information. They have to go over now texts and emails
and on and on and on videos, perhaps a million documents, nine months of
videos. That’s just one case here. Just one case. And so the fear also
was you would open the door to the kind of activity that’s taking place
today. By the Democrat Party. All right, Let’s stay focused. So does it
follow that a president can pardon himself? We don’t know. President has
never been indicted. A candidate who wins the presidency, he’s never
been indicted. Can he part himself? Again you have to look at. What is
rational? What is practical, the impact it has on the nation. Because
the Constitution doesn’t tell us. There’s nothing to stop a president
from pardoning himself. That’s number one. Certainly not from federal
charges. So. Given the the conclusion of the Department of Justice under
different administrations in 73 and 20. But you cannot indict a sitting
president. Then the conclusion logically follows that a sitting
president who is indicted can pardon himself. There’s no reason he
can’t. Now, here’s the next shoe on this. Having read this opinion in
2000, then includes the 1973 arguments and. Their own arguments and they
conclude, look, you cannot indict a sitting president because of the
dangers the nation faces, because you will decapitate the executive
branch, you will cripple the ability of of an elected president to
function. And on and on and on. The question is now, if the Georgia
indictments stand and Donald Trump’s elected president, can he pardon
himself from these state charges? The truth is, the Constitution doesn’t
tell us. In fact. Neither do the memos from the Department of Justice.
But the Department of Justice, those memos do tell us something. What do
they tell us? That the reason. The reason. Why it’s the Department of
Justice’s position to federal prosecutors that you cannot indict a
sitting president is because the dire circumstances that could create in
our constitutional system with a decapitated executive branch and
without the president being able to defend himself. That’s their
conclusion. That’s all there is. It’s a rational argument. Some might
even call it an equity argument. Whatever the argument is, that’s it. So
the question then becomes and I’ve heard Jonathan Turley say this,
perhaps some others, I don’t remember who they are. They have nothing
but respect for him, by the way. But a president cannot pardon himself
from state charges. Why is that? Well, the president doesn’t typically
in fact, he does not at all reach into state charges or convictions
based on state law and state judicial systems and pardon people. It’s a
federalism thing. We just don’t do that sort of thing. And my point is
that is wholly and completely irrelevant. That has nothing to do with
what the Department of Justice said. We’re not talking about Ernie
Grabowski down the street. We’re talking about elected president of the
United States, who is the executive branch. That a guy has been
embezzling funds from a bank and then he president decided, You know
what? I feel bad for that guy. I’m going to pardon him. So I would
agree. No, the president does not have authority to do that. But does he
have the authority to pardon himself for the very reasons the Department
of Justice said? You cannot indict a sitting president at the federal
level. Am I making any sense to you so far? Mr.. Well, let’s step back
and take a look at this. Since we’re not really talking strictly about
the Constitution, we’re talking about what happens to the Constitution.
Let’s step back and take a look at this. There are literally thousands
of days in assistant days. State prosecutors and local prosecutors all
across the country. If it is the position that Fannie Wallis and Alvin
Bragg and the others can get away. Let’s say. Prosecuting Donald Trump,
even if he’s elected president. What do you think would happen to the
country then in thereafter, Mr. Peters. In other words, the exposure to
destroying the executive branch and the federal constitutional construct
is a thousand times worse. So clearly it’s an important federal
constitutional matter, is it not, America? And surely let me even throw
in Article six the Supremacy Clause would apply. Would it not? America,
as applies to the President of the United States, Not Ernie Grabowski,
the embezzler, the bank embezzler. In Atlanta, Georgia. I’m not talking
about him. And neither was the Department of Justice. They were talking
about if hypotheticals involving a president of the United States. How
can it possibly be as a matter of practicality and logic? At the
position at the Department of Justice is you cannot indict a sitting
president. And it follows from there that he can’t pardon himself.
Except if you’re a state prosecutor or local prosecutor, then. Prosecute
away. Go ahead. Do it. That can’t be right. That makes no sense. So we
have claw a clause in the Constitution that helps us work our way
through this. The Supremacy Clause. And the president does have the
pardon power. And so would follow, seems to me, without much argument.
These are all novel questions because of what the Democrats are doing
today. There are novel questions, but there are better answers than
others. It would certainly follow. Then, based on the conclusion that
the Department of Justice reached in 73. And in 2000. That states cannot
indict a sitting president and that if a candidate running for office is
indicted and becomes president. That the president can, in fact, pardon
himself. With or without the supremacy clause. I think the supremacy
clause makes it stronger, but for the same reasons. That we say federal
prosecutors can indict the president and that a president can pardon
himself from federal charges. It’s not that complicated. And it’s
certainly a much stronger argument than the one our friend Jonathan
Turley is making. I’ll be right back.

Segment 2
And one of the things a good lawyer does are even more than that. A good
strategist, military strategist, political strategist, financial or
business strategist does is try and figure out who’s moving in what
direction, try and get ahead of the. Ahead of the curve, as they say,
or. While they’re playing checkers. You’re playing chess. You know,
whatever the the argument is. And so you look at this and you say to
yourself, Why? Is Smith so desperate to get this trial on these phony
January six issues started in January. On January 2nd. Why is Willis,
after spending two and a half years so desperate to begin a trial? In
January or February, obviously to affect the election. But what is the
reason? The possible reason from a constitutional perspective that
they’re doing this. Stick with me.

Segment 3
This is what I do, folks. Not conspiracy theories, not collusion. People
who are a lot dumber than I do have a lot lower IQ than I or people who
didn’t come to the proper conclusions. They like to besmirch other
people. Just stick with me. We’re so far ahead of these people tonight.
Even funny. So I’ve laid out indictment and pardons. But let’s move on a
second. Ask yourself a question. You got a guy, Jack Smith, who’s been
known to twist the law. To rewrite the law. To expand the definition of
laws. That is among several of the unethical, if not illegal tactics
that the man uses. So why did he charge Donald Trump with insurrection?
Because he didn’t have to. Stick with me. Tony Willis in Georgia. She’s
clearly been. Collaborating with Smith. She wouldn’t say no when she was
asked. What is her case really all about? It’s really about insurrection
without calling it an insurrection. Rico. Week of false statements.
Fraudulent statements. 19 defendants. Who all get together in one form
or another, all commit some piece of the action to prevent the true vote
from coming out in Georgia. And she even goes further into six other
states. This is a county prosecutor. Six other states. As examples. Of
this grave injustice. People say she’s throwing in the kitchen sink.
It’s preposterous. So what is she doing? Come on, now. We’ve got to go
deep here. We’re going to be really, really smart. What are they doing?
Jack Smith, who charges everybody for anything, chooses not to pull the
insurrection trigger. Fannie Wallace. Does a 98 page indictment, 41
charges 19 defendants. The president. His chief of staff, his lawyers,
other staffers. What is she up to? She goes interstate. Raises federal
issues. Well, there is no state insurrection law, to my knowledge, in
Georgia that would apply to a federal election. But nonetheless. She’s
making the claim in so many words that this was an insurrection. Let me
read something to you. Stay with me. Follow me. Section three of the
14th Amendment. This thing’s been bouncing around. Bouncing around two
knuckleheads at the Federalist Society who are so-called conservative
professors. They’ve taken a view. You don’t even have to be convicted of
insurrection to be denied the ballot or even the presidency if you’re
elected under this Section three of the 14th Amendment. But they’re not
the first to say this. There’s an entire movement under the radar funded
by dark money, the usual Democrat billionaires. We’re trying to persuade
election officials and state attorneys general, particularly in blue
states, that Trump shouldn’t be on the ballot, whether he’s convicted or
not. Let me read it to you. And the relevant part comes near the end. No
person shall be a senator or representative in Congress. We’re electing
a president and vice president. Or hold any office, civil or military
under the United States or under any state. Who, having previously taken
an oath as a member of Congress and officer, the United States is a
member of any legislature. There is an executive or judicial officer of
any state. To support the Constitution of the United States shall
engaged in insurrection or rebellion against the same or giving aid and
comfort to the enemies thereof. But Congress may, by a vote of two
thirds of each House, remove such disability. So in other words, you
don’t have to be convicted of anything. But. Jack Smith wants a
conviction on something, so he lowers the bar. He brings in the Klan
statute, he brings in the Enron stench. He brings in the financial
obstruction statute. Insurrection would be very difficult, if not
impossible to prove. But he can do it through the back door. How do we
know? Because at his press event, what did he say? He basically accused
Donald Trump of leading an insurrection. What was done to the Capitol
building and so forth. But that’s not certainly not precisely the
charges that he brought. He doesn’t have to prove an insurrection. His
view? Just one charge. That’s all. And the sooner, the better. We got to
have this trial immediately, and I’ve got the perfect judge to do it.
The most radical Obama judge. I’m in the perfect city to do it. They’ve
voted 5% for Trump. He can’t possibly have a fair trial. I’ve got a
judge that’s going to move this thing along as fast as possible because
she knows what the prosecutor’s thinking. I know what the prosecutor’s
thinking. All I need to do is get him on the Klan statute. All I need to
do is get him on one of these Enron. Charges. All I need to do is to get
him on this financial abstraction statute. Something. Then I’ll put out
a press statement and say, See? See what Donald Trump did on January
6th. I don’t even have to use the word insurrection. The media, the law
professors and the others will do it for him. So we have this Willis in
Atlanta. What the hell is she up to? Other than the obvious. What is she
up to? She’s basically shadowing Smith’s case. She’s saying I got a lot
of stuff here in the state. You know, we got the president with this
phone call, which was perfectly fine. We have him and his staff talking
to state representatives, which you’re allowed to do. We have in
claiming that he actually won the election, which is allowed to do and
on and on and on. He’s being charged for things he’s allowed to do. And
then she pulls it all together. She throws in 18 other defendants. We
got quite a quagmire here. All I need is one charge. Just one. John. And
honestly, she says, I don’t even need that. She goes extra
constitutional, add his extra Georgia constitution to bring in the U.S.
Constitution, bringing in another state to. Why? Because of Section
three of the 14th Amendment. There’s already a head of steam building
among the radical Democrats who hate America. We’re destroying our
country, destroying our electoral system. They’ve destroyed law and
order in the cities, and they’re destroying federal law enforcement,
starting with Hillary Clinton and the DNC and Russia collusion. But it’s
never stopped. Despite the dorm report exposing it, it’s worse. It’s the
Obama holder. Biden, Garland, Department of Justice. Which isn’t about
justice at all. It’s about a revolution. It’s about monopolizing the
voting system. It’s about controlling the government. It’s about
silencing your opponents through massive censorship efforts that were
exposed. And if they don’t shut the hell up, it’s about punishing them,
targeting them. Presenting them. Certainly investigating them. Parents
pro-life for doesn’t matter. So Section three of the 14th Amendment,
which they bastardized, but nonetheless. If you’ve engaged in
insurrection or rebellion against the same. You cannot run for president
of the United States. That is, you cannot be a president. This is what
Jack Smith is up to. In his phony January six case. And this is what.
Fannie Willis and her Fannie are up two in Atlanta. You got to be
thinking strategically. Be thinking about what they’re thinking. And
that’s what they’re doing. That is exactly what they’re doing. The venue
matter. You can tell when you’re over the target, when MSNBC is wetting
itself collectively because that is the network them and CNN. Maggie
Haberman, New York Times and the rest of them, Washington Post. They are
the go to state media operations when the government wants to get its
message out. They’re the ones. And so when I mentioned Jim Trusty
mentions. Why are they bringing charges in a Democrat city that went 5%
for Trump in a grand jury and then throwing those indictments down into
Florida? Against Department of Justice rules. The limitations on venue
selection when it comes to grand juries. That’s their manual, not mine.
Why are they doing that? On documents. Because they think that’s their
easiest case. And they think it in part because Bill Barr and others
keep telling him that’s an easy one. I don’t think it is. In the least.
I think they have a lot of defenses. That’s the easiest one. That’s the
easy. Please. You want. So with the Jack Smith so-called January six
case is about which really has nothing to do with January six. And the
Atlanta case is really about is building the case for insurrection under
Section three of the 14th Amendment. Now, don’t get me wrong, they want
convictions. They desperately want convictions. And Fannie Willis is
hearing even from five very smart people who we respect, that if she
gets a conviction on Trump, there’s nothing he can do about it. That’s
simply not true. Any more than there’s nothing you can do about a
federal charge. That’s simply not true. According to Department of
Justice. But notice this, America. Notice the lengths to which the
Democrat Party, their media. Their lawyers, their judges, their
prosecutors will go to destroy America. We have never done this to our
electoral system ever. The charges that. Willis and her family brought.
These are garden variety practices by politicians and every state in the
Union. Now I’m going to prove that to you. Prove it to you. As soon as
we return. I really hope you’re. You’re zoning into this area, because I
think it’s very, very important. We’ll be right back.

Segment 4
So what what the Trump people were doing in Georgia and elsewhere was
actually rather common routine. Obviously, you don’t believe it if you
hear the Democrat Party state run media. If you hear their
propagandists, if you hear the judges in Washington, D.C., and the
prosecutors, we’re not talking about violence. We’re talking about
nonviolent protesters. We’re also talking about trying to find more
votes, legally questioning voting practices. All of that is perfectly
fine. Alan Dershowitz writing, writing in The Daily Mail. Today. He said
The electoral challenges have been long part of American history. Only
now are they being criminalized. I was one of the lawyers involved in
objections to Florida’s presidential vote in 2000, a margin of less than
600 ballots determined that Governor George W Bush, rather than Vice
President Al Gore, won the state and thus the Electoral College votes. I
was convinced then, and I am convinced now that this result was wrong.
No one was indicted, disbarred, disciplined, or even much criticized for
those efforts. Yet here we stand today. President Trump and eight of the
defendants have been charged with election fraud, conspiracy,
racketeering and more. And are a law designed to take down criminal
organizations known as the RICO Act. Should Al Gore have been charged in
2000? What about me? Says Dershowitz. I represented the voters of Palm
Beach County, many of whom voted by mistake for Pat Buchanan rather than
Al Gore, because of the infamous butterfly ballots and hanging chads
that prevented their votes from being accurately counted. During the
course of our challenges. Many tactics similar to those employed in 2020
were employed. Lawyers wrote legal memoranda outlining possible courses
of conduct, including proposing a slate of alternate electors who would
deliver our preferred election results to Congress. I’m telling you,
this is normal stuff, America. I’ve been telling you this. For which, of
course media matters and media and all the lowbrow low IQ bottom feeding
Democrats apparently work. Now, Trump attorney Rudy Giuliani, along with
others accused of conspiracy to commit forgery and false statements for
drafting their list of alternate electors. In 2000, Florida state
officials were lobbied to secure recounts in selected counties, which we
thought the tally would favor us. We were trying to find at least 600
votes that would change the result. Now, this new indictment features
Trump’s phone call with Secretary of State Brad Raffensperger, which was
captured in audio recording in the conversation. Trump as crap and
Bargain to find 12,000 votes. Now, having listened to that, not the
whole thing, but in context, he doesn’t even do that. In my mind, this
is among the most exculpatory pieces of evidence, says Dershowitz. Trump
is entitled as a candidate to ask a Georgia state official to locate
votes that he believes were not counted. And that’s what happened. In
2000, attempts were made to influence various Florida officials to
recount the votes. Now, the former president’s request that Georgia
Republican Speaker of the House reconsider the count has been charged as
soliciting a public official to violate his oath. But if similar
behavior was legal in 2000. How can it be illegal in 2023? I’m going to
continue this piece because it’s so important. Dershowitz has so much
guts to put it out there. I’ll be right back.

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