Acting United StatesAttorney General, before we get into the weeds on legal issues, we will make it interesting. I want to discuss history with you. History is lost on prosecutors, on the debate shows. It is lost among lawyers, talk about january 6. It was an insurrection. No, it wasnt. We had contentious president ial elections in the past, i mean really contentious, some almost lead to civil wars, one did in 1800, Thomas Jefferson and his chosen president ial pick aaron burr tied for first place. Back then ballots were separate. It was 73 to 73 electors. Due to a communication error, or aaron burr lead conspiracy, he was disloyal to jefferson, jefferson was running against adams at the time but he got 65 el Electoral College on votes, they had over 30 votes back and forth, house was to choose the next president , hamilton had great power, he disliked jefferson. But he hated aaron burr. So finally what happens is hamilton, he was the first treasury he turned tide by lobbying his fellow federalists to throw their support to jefferson, a couple years later, the famous duel between aaron burr and h hamilton, that seemings more contention than what took place on january 6, 1824, a doozy, 4 candidates, all the federalist party, had dissolved they were democrat republicans. And there was andrew jackson, you might recall, hero of the war of 1812, he won the popular vote by fewer than 39,000 votes, captured 99 Electoral Votes, Secretary Of State john quincy adams, he took 84 Electoral Votes came in second. 41 votes, for william crawford, treasury secretary, and 37 or House Speaker henry clay, no candidate earned a majority Electoral Votes, election to House Of Representatives clay was, l eliminated. High of lowest vote he was lowest vote getter, ar a month of back and forth it wont on and on, henry clay supporters put their weight behind john quincy adams, he had fewer votes than jackson and fewer ew elect college votes. This enraged andrew jackson, and he resigned from senate, said the election was a fraud, he would go back and run again next time and debate adams, this almost led to a civil war. In 1860, president ial election, was not just contentious, has was pointed out, ite of tore the nation apart, lincoln got 39 of popular vote against stephen douglas, democrat from illinois. Also running for president was john brekenridge, and john bell of tennessee, lincoln won about 39 of the vote. But took most of the Electoral College votes in the north and california and oregon. Brekenridge won Electoral Votes in south along with maryland and delaware. And douglas captured missouri. You had a mess. Just weeks after l lincoln victory, South Carolina voted to succeed. They elected Jefferson Davis as their president , i would say that is contentious. America. It also gave us abraham lincoln. Here is the biggest, 1876. Democrat governor Samuel Tilden of new york won 250 thousand more votes hayes the republican and 19 or Electoral College votes, but tilden was still one electoral vote one, short of the required 185 majority. And 20 votes remained uncounted in florida, louisiana and South Carolina, because their votes were too close to call. Each party accused the other of fraud. And in oregon, one elector was declared illegal and replaced with controversial results, you had a crisis here, greatest electoral crisis in american history. And threats of another civil war, it wassi 1876, what happened . Congress establishes a 15 Member Commission of senors, congressman and Supreme Court justices. So they said, we cant figure it out, lets have a commission, that is about as far as from popular vote in electoral as you can get. But keep something in mind, congress is making the decisions. Not a Department Of Justice. Not a prosecutor. In every one of these case from fraud is alleged or lobbying or pressure, and so forth, it is the give and take of politics. And congress has the final say under the constitution. Congress. And nobody else. So they set up this 15 Member Commission of senators, congressmen, Supreme Court justices, 7 republicans and 7 democrats, one independent, to decide the election. After that swing vote turned to hayes, the one controversial elector goes on hayes. He got 250 thousand less votes than did tilden, he goes to hayes. And so what does the commission say, the swing guy went for hayes, well give the other 19 votes to hayes. So commission picks the president , hayes, and had less popular vote ethey threw the 20 electoral cl college vote remaining to haze, and the republicans said, met at a Hotel In Washington in February Of 1877 and worked out a compromise, democrat would accept hayes victory provided hayes removed all federal troops and the south, and Compromise Consolidatedded democrat control of region, ending reof co reconstruction, reversing gains that f africanamerican made in post civil war effort, they did that and undermined efforts by the taken by grant to send i u. S. Army in to south to destroy the klklan, that changed. Later they would try to work it out. It is is amazing, nobody was indicted, nobody was charged with anything. It is justin credible. We have election of 2000, al gore, and george w. Bush it came down to florida, a couple hundred red votes, al gore brings first lawsuit it is then litigation hell, different districts in the state, and trying to find judges that would up hold this part of law the that part of the law, the Radical Left Wing democrat control florida Supreme Court steps and changes the law, to try to get gore over the finish line, u. S. Supreme court says that is enough. That is enough. The voting has to stop. The Supreme Court of florida cant keep changing the rules, they are destroying one person, one vote. The entire concept. And so george w. Bush is the winner. And he wins the Electoral College by 5 votes. He lost the popular vote by over half a million votes. That was a very consensus election we 1 con den contentious election we know it and this january 6 was said to be an insurgents. We have a commission insurrection, we had a set up by nancy pelosi. She rejected republicans that leader mccart he chosen, that was never done before, they do one sided public stuff and turn it over to a prosecutor. The funny thing about the prosecution is here it is. There is a criminal act, passed during si civil war period that appears nowhere in the charges against donald trump, donald trump is not guilty of rebellion or insurrection, he is not even changed with it. Charged with it. Authority of u. S. Or laws there of or gives aid or comfort, should be fined under this title or impressonned. That is not in here. What about seditious couconspiracy, i remember analysts all over cable tv. They have trump it is not in the charges. If 2 or more persons in any state or territory, or place subject, conspire to overthrow, put down or over throw by Force Government of United States or levee war against them. Or by force and property of United States, contrary to authority there of. They should be fined. So why. Why didnt this Out Of Control Rogue eric holder, obama biden, prosecutor, garlands man, smith bring these charges . Because he had no evidence. Rebellion or insurrection . All of the testimony that january 6 committee, all this testimony all of the witnessing all of the documents, not a scintilla of evidence that donald trump lead any kind of rebellion or insurrection. What about Seditious Conspiracy there was none. Donald trump said if they want 10,000 armed Army Soldiers to protect them on january 6, please let me know, nobody is leading an insurrection if they are offering armed federal troops to protect the capitol building. We heard what donald trump said about peacefully lobbying congress, what happened in jack and the boys say, you know, we cant let it go. They go back to the civil war period. Law that was passed in 1871, Theku Klux Klan act at the time to defeat the klan. A disgusting overreach. Then we have two counts under, these laws were passed in 2002 to address gaps they felt existed in the enron scandal investigation, the enron statutes, they have nothing to do with january 6 protests. Even though this has been used socalled obstruction, against one protestser after another, this is not yet gone to Supreme Court it will be tested by Supreme Court, and i believe that Supreme Court will say no, it was never intended to be used that way, then count one. That count is a Garden Variety Statute that federal government uses against federal contractors, People Who Chut Cheat government out of money that has been expanded to include you know challenging the legitimate activity of the government, again stretched out of control, those are the 4 charges, this is a disgusting attack on our Electoral System. As i have said before, the Electoral System in america is dead unless this is reversed. We c cannot have after all these years, a Department Of Justice and u. S. Attorneys with 20 20 hindsight delving into what a president or candidate thinks. The 1876 election, i told you, you are free to do, that congress decides this stuff, they are not criminal activities. So what are the reals for running, challenging and disputing elections itself . We dont know, who decides . Apparently prosecutors, what or when can a candidate rely on legal advice since President Trumps lawyers are being indicted for giving legal advice . He is free do that. Is a president free to dispute election results, they all do when they lose, including people like H Hillary Clinton and ra al gore, El Electoral Process is now the control of pros prosecutors, Department Of Justice, in the hands of these people and the Biden Administration it is a disaster. The judge the hear this case. The most radical par part son activist Obama Appointee in the entire federal judiciariry, i wonder how she got chosen . Bac k right back. Im a big advocate of recommending things that i know work. With gold bond. You can age on your own terms. Retinol overnight means. The smoothing benefits of retinol. Are now for your whole body. Plus, fastworking crepe corrector diminishes wrinkled skin in just two days. Gold bond. Champion your skin. Mark Welcome Back America. Were here with one of the finest litigators i know, jim trusty, used to work at department can of justice. And a former lawyer for donald trump, jim, you see what is happening in washington, d. C. I have read this, there is nothing in here at all. About Rebellion Ori insurrection, i thought that this is what it was about. Instead i am reading is an assault on First Amendment on attorneys providing advisor who indicted for giving advice that government does not agree with, i see this as a political statement dressed up as a legal statement here. Do you agree . If so, how does someone get away with it. Because of the fact you have an Attorney General who is politicized the doj. And they are carrying water for the Biden Administration. A very destructive way, you have touched on it problem is this is creative prosecution. That is the last thing you want, you want in a situation where the stakes are there high, affecting elections and going after a former president , what you want from a Department Of Justice is scrupulous transparency, they are willing to have anyone look over therefore shoulders, where they are forthcoming and not creative. This is just a group that is decided, even if we dont have evidence that we were hoping for well come up with something, we got the target. Now well come up from charges, looking at the indictments it is a very bad precedent for what is considered fair game in the a high profile Public Integrity type prosecution. Mark you are exposed to possible indictment if after the fact a prosecutor looks back on this, any u. S. Attorney at point now. Po obstruct peaceful movement. I mean, this document destroys the ability to get straight legal advice for a candidate to know what is in, what is out, what the rules of the game are, who will decide them. Is that for congress to decide other than a grand jury . Yeah, mark. There is a commonality between the two federal indictments maralago and now this klein conspiracy as they call it under statute. Come anality is that doj has blown open important privileges held by president s and others. In the maralago case, attorneyclient privilege, that is almost envialable was blown open by a friendly judge to highlight moments that corcoran said or exchange. The come thing with this indictment, there is no such thing as Executive Privilege. They are conversations between the Vice President and president , which used to be sacrosanct. You are coming up with a model for candidates, president s or Vice President s, they have to know all this stuff that is supposed to be behind closeddoors to runs nation is fair game for ambitious creative prosecutors, so we cannot are these conversations, we en encourage frankness and disagreement. This is the worst present in a case that demanding p transparency. Mark attorneyclient privilege denied donald trump in document case, litigated in secret. We have not read the order in which the judge issued. I assume that judge in florida will have an opportunity to figure it out. It is difficult to see how you have due process with information you discussed with your lawyer is now the basic information used by government against you, i cant think of another system like this,. This is a very high bar. Just so public understands, not that what if i do this or do this or do that . That is fair game. The issue is, when you try to get your lawyer, look. Frank, myself my thlawyer frank, i need to destroy the documents that is an an exception. Not asking what happens in i destroy the documents. I would say, crime fraud exception is designed to be what you are talking about there is cause and affect, even if attorney is unwitting they are not purposely breaking law you have to show to Court Considering that, that advice was given and client said, their i will be able to break the law. It would be like hey, frank, can i destroy these documents and frank says, yeah that would make it go away, then he does. That is a situation where you know, you would at least have possibility of blowing over the attorneyclient relationship for that purpose, i can tell you, there was nothing like that here, indictment has these nuggets of conversations that happened every day of the week. When you talk about white collar investigations an executive turns to his lawyer, says can we fight this subpoena, dw do we have to turn this stuff open, what happens if i do shthat. Now because of desire to get one man, the different of justice created new law, new damage to the institution of the presidency because of their pursuit of one man. Mark well be right back. An unthinkable genocide took the lives of six million jews and thousands of jewish survivors are still suffering in poverty today. God calls on people who believe in him to act on his word. Comfort ye, comfort my people. These elderly jews are weak and theyre sick. Theyre living on 2 a day which is impossible. They dont have enough money to buy food. It is a miserable situation and they have nowhere else to turn but to us for help. This now, is how gods children are living. Take this time to send a Survival Food Box to these forgotten jews. The International Fellowship of christians and jews urgently need your gift of 25 now to help provide one Survival Food Box with all of the essentials they critically need for their diet for one month. No vitamins and no protein so my legs and hands are very weak. Oh, oh, oh lets make sure that we bring them just a little bit of hope. By bringing them a little bit of food. Become a part of the fellowship today by reaching out to bless these precious people of god. For just 25, you can help supply the essential foods they desperately need for one month. Your support will provide them with a Box Overflowing with nourishing food and the knowledge that faithful christians around the world care about them. God tells us to take care of them, to feed the hungry. And i pray Holocaust Survivors will be given the basic needs that they so desperately pray for to survive. Welcome to Fox News Live im jon scott in new york, former Vice President mike pence leaving door open to possibly testifying in trial of former President Trump. Pence say hes is not planning on it but will if obligated it wouldnt be first time high appeared in court for case, he testified in april after being subpoenaed. Trump has pleaded not guilty to the charges. U. S. Navy on high alert after an unprecedented display of Military Force by china and russia. Nearly a dozen warships from two country seen sailing together last week off of alaskaian coast. U. S. Navy destroy destroyers sent to keep watch, the ships reportedly stayed in international waters. Im jon scott, now back to life, Liberty And Levin. Mark Welcome Back America. In addition to denying President Trump attorneyclient privilege in one case and Executive Privilege in the other case. You see anything else weird here, jim trusty. There is a real parallel between the investigation that speak volumes about this Attorney General and his i integrity. The whistleblowers, they didnt just say no were not doing that search warrant, she picked up the phone and called hunters lawyers, and said that irs is trying to Search Location x. In my book, that is obstruction of justice. The p parallel on maralago case, you had high level doj official accords to statement submitted as officer to court to a federal judge told woodward, that it would be a shame, if he endangered his pending judgeship by not flipping nada against President Trump, that is extortion. The people what were entrusting in our criminal Justice System to fairly and impartially pursue justice are actually obstructionists, they are so hell bent on going after one target against President Trump. I hope your viewers recognize there are a lot of details and legal and factual arguments, i hope to be an evidence driven guy there severed from both cases that suggest this different of justice, if the accusations are right has no come punktion about break rules or destroying rule of law pla because of their political inest. Mark do you know where that case is now . A good point, you had a Residing Judge in dc that had a case that became indicted to florida. But there is a lot of shenanigans in terms of grand jury usage, you dont do it for a year only to move to another district. Unless there is more to the story im concerned from of the abusive behaviors played out in front of the grand jury in dc, Whenn Florida Got was a much sanitized version. Im not on the case, there will be litigation, i assume that relates to these issues of how grand jury was used Orel Hor Obussed this New Territory when doj shifting investigation at last minute to different venue. Mark they would start investigation in one place and move it to another this violates rules of Department Of Justice, there are a lot of reasons you could can do that if you are a sleazy prosecutor. You are making a points, im reading here. That a lot of stuff took place in the grand jury in washington, d. C. That the grand jury and judge in florida cant know about. You are talking about sanitizing this process. I assume some of that im guessing has to do with attorneyclient privilege, past people that i talked to faced that man smith, say that is who what he does, he pierces the privilege by hook or crook, gets it in front of grand jury, and this case moved it to a different grand jury, the grand jury and judge in florida dont know anything with it about it, is that your point . Yeah, that is right. I think that there is a lot to be looked into the grand jury proceedings in general are one sided. Old saying. We understand that, were not pretending that the grand jury should be like a full flown trial it is not. But what judges make historical decisions based to one side the submissions that Defense Attorneys dont get to challenge, to make history, and then by the way to avoid all of the appeals by rushing the witnesses in the grand jury after they get friendly ruling that smells rotten to me, that stuff i hope will be brought to the attention of the judge. Mark the idea that this is done to a former president , running for president again, the stretching of law, application of laws which have nothing to do in many cases of what is taking place, a general w warrant, sends s. W. A. T. Teams in. And bidens son getting a heads up. This is out of control, jim trusty thank you, God Bless You my friend. Thank you, mark. Mark well be right back. Light Acoustic Music PlaysEagle Screeches energetic music plays there he is its right there oh, hes straight ahead. Hes straight ahead. Straight ahead. Go go go. Cover more ground in the kia sportage turbohybrid. Kia. Movement that inspires. Mark wok Welcome Back America we have a fine man with us. Matt whitaker. Matt, i want to talk to you about devin archer about joe biden, the information that has come up. From the release of the committees investigation and interview of devin archer in relation to the foreign agents r Registration Act that is one of the most broadest laws i have read, you could take a net and catch anyone, for years they didnt catch anyone and they didnt pursue anyone until mueller went after manafort. How is possible they come up with a deal and the issue here. The foreign you dont have to exchange money, just give advice. But they did exchange money. He did give advice, how is it possible that hunter biden has not been charged with violating farrah. The way they change manafort and other people, unless this is a sweet sweetheart coverup. Mark. This has been dop of my find, a deal that ignored most serious crimes, they have been time barred. That hunter biden failed to pay millions in taxes, we know now that he was getting a Blanket Future Immunity from future prosecutions. But at the same time, this is what is the most interesting piece of this and most disgusting, that is they said and continue to say it was part of an on going investigation. They were shielding themselves from congress ever looking into this, because one hand they were resolving the claims, including future claims, as Diversion Agreement reads and saying it continued to be under investigation, now that judge saw what was happening, and poked a hole and it deflated quickly, were finding out that is what happened. Remember mark, our system is based on adv adverse aerial justice. The Department Of Justice is ripping joe biden and his representing joe biden and his family, hunter biden has his own lawyers representing hunter biden. But the information that come out now, the testimony that devin archer gave makes it clear, it was clear with laptop and witnesses involved and other Business Partners and so forth, that joe biden knew that his son was doing business with Foreign Countries and governments. He had to know. There is just way too much interaction, and way too much s substantive information to me is the 64 thousand dollar, now ill say, 1. 2 billion dollar question, if joe biden was assisting his son, just by taking phone calls, showing up at golfing events having the people at the office, having dinner with them twice in washington, d. C. , is he not a coconspirator in violation of farra. It you are right. As you know, Conspiracy Laws take you to one overt act, in furtherance of the conspiracy. Just to one. Just one, vert. In in case. You had joe biden over 20 times whether on phone or in two cases he sat down for dinner or meeting or coffee with foreign nationals, this is devon archer and hunter biden and their crew had no experience any anything but their relationship to joe biden who was the v Vice President , were learning more and more coming out. I would continue to point that the democrats were trying to sweep this under the rug in the environment impeachment. Donald trump was asking what was happening in the ukraine. That is what joe biden brags about firing the prosecutor who was investigating burisma, this is a prima fisa case, mark, well learn more. It is clearer to me to your point that joe biden knew what hunter was doing and appears to be have been willing to do some work on his behalf. Mark they impeached donald trump The First Time to shut that investigation down to keep this information quiet. Which now it is clear to me, that is why they did what they did, that said. The issue is joe biden. Joe biden. 20 shell corporations, laundering money to get to various members was his family, phone calls, not one or two, this is just with archer. God knows what other phone calls, there could be 500 for all we know. The various meetings that archer refers to and others, this is overwhelming information that indictses joe biden. So for the left that says donald trump is running to protect himself to pardon himself, let me suggest this, joe biden is running because he doesnt want to be indicted. A sitting president cannot be indicted, an expresident f hi can, well be right back. And papa is hungry. And while youre hittin the trail, im hitting your cooler. Oh, cheddar ive got hot dog buns and your cutrate Car Insurance might not pay for all this. So get allstate, and be better protected from mayhem, like me. Roar. sfx family screams in background mark Matt Whitaker. You sat in the chair, unthe rules for appointing a Special Counsel, what could be justcasion for Merrick Garland not aco appointing a counsel. A guided missile, only time you name the target of your investigation. To prove a case. There is no doubt that we have reached the level where Special Counsel under regulation is appropriate should be appointed. And also who is t Special Counsel, that matters, in donald trump case. Jack smith. Were seeing rob not doing anything, a Special Counsel is more than appropriate this investigation was on going leading into 2020 when it was put on the side. The allegations, we have to get to bottom of this joe biden used his official capacity as Vice President to force the ukraine, with billion dollars to fire a prosecutor that was looking into that, that is a crime, certainly conspiracy with his son, to your point, i think a Special Counsel is more than needed there is too much smoke, too many allegations and too many things now, hunter biden complained about how half of his money was going to his dad, they th need to start Tracing Money and see if it was a kickback scheme. Are right about who the Special Counsel is. But way i see it, rights now, Attorney General is the Special Counsel, he is the mob lawyer. For the crime family, he is not allowing anything to take place. He is the final say on the deal. With hunter biden, the final say on everything related to despite the propaganda. Dave weiss did not pursue all of the leads or go beyond two districts, his and washington to pursue allegations against hunter biden. The whole thing has been Com Compartmentalized and hired worst lawyer in America In Hague to go after trump, a Special Counsel appointment. You appoint some Special Counsel when there is a Con A Conflict within your own administration. Thank you Matt Whitaker for not being bill barr, frankly, for being an honest individual, talking about laws and factses without grudge or animus. Thank you. Mark. Mark well be right back. Ligrip before crispy popcorn. regular voice lets fix this. alternate voice poligrip power hold seal gives our strongest hold and 5x food seal. If your mouth could talk, it would ask for. Poligrip. Ahhh icy hot pro starts working instantly. With two maxstrength pain relievers, so you can rise from pain like a pro. Icy hot pro. Welcome back america. My new book the Democratic Party hates america. The longest book but the most important ive ever written in the most comprehensive book ever written on the subject. In let me say this from the bottom of the book the Democrat Party stands for the relentless power and control it was founded on the principle of individual and human liberty, the dispersion of political and governmental power the Roman Republic lasted 482 years. Our republic is only 247 years old, if the Democrat Party succeeds the american experiment will have failed pretty to look at every aspect of this culture, the politics, the government, society generally, it is collapsing, it is unraveling. Who is response will . The party that wants to fundamentally transform america with its marxist forces. The Democrat Party hates america. Check it out, amazon. Com. Ill see you next week on life, Liberty And Levin then. Trey good evening and thank you for joining us im trey gowdy. It is sunday night in america. We begin with another indictment forming Donald J Trump this one filed in the district of columbia alleges a conspiracy to commit fraud in connection with efforts to overturn the 2020 election. The allegation is the former president knew he lost but conspired with others to remain in power with counterfeit electors by pressuring vic