mark: hello america i am marco levin and this is "life, liberty & levin" sunday. former trump lawyer and are buddy pete has a fantastic new book the war on a warrior so irrelevant, so important in our national security the men and women who give their all for our country. but, before we get to them i've been doing a lot of thinking as most of you have as what took place in the courtroom last week. it'its implications beyond gettg into the weeds of grand juries and jury instruction and collateral evidence and so forth and so on. because this is so much bigger so much bigger than the rules of evidence and so forth. what am i talking about? the democrat party. the democrat party is cheering what took place and surrogates are cheering what took place joe biden went to a microphone and lied about what took place and then sneered this is part and parcel of the war on the constitution almost from day o one. almost from day one. this is the party that supported nullification of slavery this is the party that supported separate but equal. this is segregation is the party that supported jim crow this is the party that supports embraces american marxism which rejects the constitution the founders and the framers. these the 14th amendment to try to prevent donald trump from running for president this is what they do. that is what happened in new york. let me put it to you bluntly. south carolina was the point in which the constitution came under attack, came to a head it resulted in the civil war. new york is the new south carolina. that is, the confederacy. what do i mean by that? i am not arguing here or there will be a violent civil war. i do not know what comes, nobody does fit what i'm arguing is the civil war was about slavery and about the attack on the constitution and the attack on the union, the nation. what took place in that courtroom the jury should never have been impaneled. eight soros prosecutor and abided judge in effect decided they were going to launch a war against our constitutional construct. how so? nullifying due process clause of the constitution of the fifth amendment nullifying the due process clause that applies to the states through one of the post- civil war amendments. the 14th amendment. and if this stands very dire for the constitution. let me put it to you this way. new process goes back to the magna carta of 1215. of the phrase it self appears and eight statute that was passed in britain to incorporate the magna carta in 1354. that was during the reign of king edward the third period and so we have a process where we have the fifth amendment and the 14th amendment and what do they say with respect to due process and equal protection? they say exactly the same thing in essence no one shall be deprived of life, liberty or property without due process of law. the 14th amendment was adopted by congress in 1866 before it was an event with a proposed it to the states which then are ratified in 1868 the fifth amendment was added to the constitution is part of the bill of rights in 1791. this is ingrained in our country. ingrained in our country. what took place in the manhattan courtroom was the first massive assault, massive assault on the union, the due process, on equal protection since the civil war. there are bit individual cases but the impact of this, the presidential candidate the former president of the purpose of which is to influence a national election. we have never seen anything like this. any think like this it has now been resuscitated after without the soul civil war with nullification let me go further on this. our friends at the national constitution center, nullification is a constitutional theory the individual states could invalidate federal laws or judicial decisions they deem unconstitutional. i have been controversial american history the constitution does not provide for nullification per se. now, that said this is even worse than nullification that we have seen and the pastor. nullifying federal laws. this is eight nullification of two amendments the federal constitution. eight nullification to the federal constitution basically enshrined the entire belief system in the declaration of independence you are right to life, liberty, and the pursuit of happyness. james mattis is considered mr. constitution. this issue of nullification was raised with him by a former senator, edward everett. james mattis wrote a very long letter back to him in august 28, 1830. he said this in part thus being derived from the same source as the constitutions of the states, it has within each state this idea of nullification. the same authority as the constitution of the stage. it is as much a constitution in the strictest sense of the term within the prescribed sphere as the constitutions of the states are within their respective spheres. the obvious and essential difference being a compact among the states that is the constitution and their highest sovereign capacity the states adopted the amendments excuse me the constitution. and concentrating the people there of a one people for certain purposes you are a citizen of a state you are also a citizen of the united states under the federal constitution. it cannot be altered or an old at the will of the states individually as the constitution of the states may be at its individual will. another was a state constitution or a state legislature cannot nullify the nature of national citizenship that was adopted by states. bite states they use amendments later, we will get into it. it is worse in this case of manhattan because the state as an entity is an acting it is a piece of the states a small piece of the state. one judge one prosecutor so it is worse between these different constitutional governments the one operating on all of the states the others operating separately in each the aggregate powers of government divided between them it could not escape attention. the controversies wouldn't arise concerning the boundaries of the jurisdictions. some provision ought to be made for such appearances a political system does not provide for a peaceful and authoritative termination of current controversies would not be more than the shadow of a government. the object of a real government being the substitution of law and order for uncertainty and confusion and violence. which of course is exactly what bragg and mershon had done. and there courtroom. not the state legislature. not the governor, two people to people he goes on because the constitution and laws made in pursuance thereof all treaties made under the authority of the united states shall be the supreme law of the land that the judges of every state shall be bound there by, by anything in the constitution and laws of any state to the contrary notwithstanding. three, the judicial power of the united states shall extend to all cases in law and equity arising under the constitution. the laws of the united states and treaties made under the authority thereof. the issues that took place in that courtroom arise under the federal constitution which is why joe biden and all competitors who support racism and segregation of pros and brown versus board of education by opposing the integration of our public school systems. that is when he got up and said this is a state issue. no, and happen in a state court. that does not make it a state court issue. madison goes on he says with respect to the judicial power of the united states the authority of the supreme court in relation to the boundary of jurisdiction between the federal and state governments i may be permitted to refer to the 39th number of the federalist of the like of which it will be discarded by his writer, meaning him he wrote it at that. in the constitution was dependent it is believe the same was the prevailing view then taken of it. the same view has continued to prevail at does so at this time notwithstanding the imminent exceptions to it. he said there is no nullification right under the constitution. and what i am saying is what took place in that manhattan courtroom note of the of rights of the 14th amendment. for the civil war. finally he says in part, with the fate of the constitution of the united states would be if a small proportion of the states could expunge the parts of it. particularly valued by a large majority and have but one answer what he meant by, was a civil war. that is 18 to 30 and he could see it coming. in 1834 he wrote a long treatise on this. december about nullification and i'm not going to read it to you in full. i will read one section. it follows from no view of the subject the nullification of a law that u.s. 10 can, as is now contended. rightfully to a single state is one of the parties to the constitution. the state not ceasing to hear and see the constitution. at planar contradiction in terms or an inlet of anarchy cannot be imagined. we are the united states of america. signed onto the constitution cannot now say okay but as far as the due process rights go in modern times we are going to allow mr. bragg and mr. masson to have their way. they eviscerated, and nullify its application. in that courtroom were a presidential candidate and a former president. who wrote this 14th amendment? section one which is what we are focused on the main author it was a congressman from ohio a republican by the name of jon bingham. he went to the floor of the house when he was arguing for his amendment. and he said, among other things this is 1866 the amendment was ratified and adopted in 1868 in the honorable gentleman from vermont uttered words that ought to be considered and accepted by the gentleman of the house he said the action of this congress and its effect upon the future prosperity of the country will be felt by generations and after we shall all have paid the debt of nature i believe mr. speaker i have had occasion to say more than once the people of the united states have entrusted to the present congress in some sense the care of the republic not only for the present but for all here after. your committee, sir, would not assent to this house for its consideration this proposition this proposed amendment, the 14th. but for the conviction its adoption by congress and its ratification by the people of the united states is essential for the safety of all the people of every state. i repelled the suggested made here on the reconstruction any of its members favor the proposition seek in any form tomorrow the constitution of the country or take away from any state any right that belongs to or from any citizen of every state, any right that belongs to him under the constitution. proposition painted before the e house is simply a proposition to arm the congress of the united states by the consent of the people of the united states through the ratification process. the power to enforce the bill of rights as it stands in the constitution today. half of that accent and no more he points out. he said gentleman the force of the provisions of the bill of rights the citizens of the united states shall be entitled to all privilege immunities citizens of the nine states into several states. that no person, known to be deprived of life, liberty property without due process of law but they say we are opposed to its enforcement by act of congress under an amended constitution as proposed. that is the sum and substance of all the argument we have heard on the subject. what are the gentleman opposed to the enforcement of the bill of rights as proposed? it would interfere with the rights of the states. who ever before heard any state had reserve to itself the rights under the constitution of the united states to withhold from any citizen of the united states within its limits, under any pretext, what ever put any pretext or privilege of the citizen of the united states. to impose upon him no matter from what state he may have come, any burden contrary to that provision of the constitution. which declares a citizen shall be entitled into several states. all of the immunities of a citizen of the united states. he ends, the question is simply whether you will give by this amendment to the people of the united states the power might legislative enactments. to punish officials of states for violation of the oats enjoined upon them by their constitution. that is the question and the whole question. the adoption of the proposed amendment will take from the states no rights that belong to the states but they elected their legislature the then ask their loss for the punishment of crimes against life, liberty, or property but the event of the adoption of this amendment they conspired together to enact laws refusing equal protection to life, liberty or property that congress is thereby vested with the power to hold them to answer before the bar of the national courts for the violation of the oath in the rights of their fellow man. why should it not be so? is the bill of rights here after is in the past five years with 11 states amiri dead letter? bear in ladies and judgment is the bottom line. wyatt joe with this case to get before the supreme court? if the opportunity whether the take it or not to give us her due process clause back. equal protection clause of backup. it is not up to a prosecutor and a judge. a rogue prosecutor edit rogue judge for that matter to destroy and nullify the due process clause of the fifth and 14th amendment. by the equal protection clause of the fifth and 14th amendment. with the same democrat party that rejected the constitution. the same democrat party that fought the due process clause that fought the equal protection clause the same democrat party that after the civil war, despite the fifth amendment despite the civil war amendment, the 14th amendment, still supported segregation. still supported new gen x, still supported and back to jim crow. nobody is a better figure, illustration of that than joe biden. now they do it for different reasons. and they do it in a different way. but it does not change who they are and what they are. they hate the constitution as they must. as they adopt increasingly aggressive marxist ideology for this party is an autocratic party an autocratic party at does not care how it gets power. what was done to donald trump and that courtroom in addition to everything you heard as an in attempt to nullify the federal constitution due process, equal protection. that is what took place for the democratic party is the new confederacy. that is right. it was the old confederacy now is the new confederacy. reverse federalism or a judge and a prosecutor steal the jurisdictional power of the federal government and all that applies. the constitution, federal election laws, these entire processes that is reverse federalism parent that is notification. that is the new confederacy. that is what joe biden the old confederate and that is what his marxist supporters now support ♪ ♪ ♪ ♪. mark: welcome back america. i've been very, very excited about talking to our friend pete hegseth and his fantastic new book the war on wars behind the betrayal of the men who keep us free. i just finished reading this book. let me tell you something ladies and gentlemen if we do not have a military that is in shape a military that knows its mission, a military this not being undermined from within then we do not have a country but it's one thing to talk about this theoretically. but pete hegseth has walked the walk. when you hear the talk its implication for this country come th,this election and everyg going forward. pete hegseth congratulations on a fantastic book. the war on a warriors behind the betrayal of the men who keep us free. you can get this at amazon.com on tuesday, on tuesday go right ahead. why did you write this book? >> mark, thank you. thank you for your love of country, for your commitment to our constitution and its institutions. you have been talking at now cm about our justice system which has two tiers these day and it is very clear it's off the rails as being weaponize. the reason that is important this elite one justice system in america the issue of justice is different than education you can move somewhere else if you do not like the status of your income rate or your local school. the justice department is just like the defense department. we only have one the pentagon. will have one army, one marine corps won 101st airborne. if we lose those institutions, they are gone. just like a justice system which is a precious jewel of our nation's or the fighting men and women. mostly it men by the way this is very candid very clear this is not pussyfooting around using nuance language this is clear about how we fight and win wars. how we maintain a meritocracy but that is why the left hates it. you've studied the left more than anyone else the left hates the pentagon at the last vestige of a true meritocracy the best and the brightest were able to exact the most lethality on the enemy with the most latitude possible to win wars. and what happened in the story, when you go into this about 20 years ago as her under clinton a little bit. passport under obama in hyperspeed under biden is the left targeted this institution specifically to stay tuned no, no, no we do not want our focus on the highest standards and maximum accountability. we want a social experiment inside this institution. you're going to insert things like crt and dti. women in combat were going to weaponize lgbt issues were going to focus on climate change. mark, our military's pumping out electric tanks. china is building a military specifically designed to defeat us in our defense industry because of our generals is focus on climate change to our sons and daughters enter this military in the future they are questioning whether they want to and understandably so. recruitment is down for a reason. they see how adrift the pentagon is this is meant to call out the issues in a very blunt way. everyone -- but this is a acronyms and crazy in tight military speak. you will understand it, call it out and get it understanding of how to get past it. because we have to savor military. mark: your passion is on the pages of this book. even more than that, this is the greatest of evisceration of the war on the pentagon than i've ever read and i read a lot. it is also the greatest defense of our military and military personnel that i have ever read and it is extremely readable. you talk about dei taking place. you talk about woke us in taking place. talk about all of these things the cultural rot being projected onto the defense department. your point of the book is a sunset at the end is if you don't know what is going on you can't fix it, right? >> out is exactly right. if you don't fix it, we lose it is not just my story i tell a lot of my story i sure combat moments to share a moment i was deemed extremist, we can get into that in a moment if you and that's why left the militant this after 20 years of fighting extremists being part of the military, you are an extremist. it's not just about me it's a dozens and dozens of guys that i interviewed currently serving lower ranks, hirings all of which said the same thing. we are walking on eggshells. our standards are being lowered. because of the extra nonsense being pushed in we are not training on more important skill sets. the inmates are running the asylum because we have decided to say if you were white, if this is being taught and pushed into units. you're doing all the crt trading put what you are the oppressor at the you are the minority you are pressed turning the institution and the pentagon famously integrated part you know this. the defense department integrated racially before any other part of government was the guys i served with did not see black and brown and whites. we sought green and we bled read together but we love this nation we went downrange with a "life, liberty & levin." ♪. mark: welcome back america. visit tuesday the war on warriors behind the betrayal of the men who keep us free. pete hegseth fantastic book i'm telling it you're going to learn a lot it's very intriguing, it is compelling as a kind of book you cannot put down. pete, it's obvious you take this personally, very passionate about it. tell us why. >> 's is my generation of war fighters i served in guantanamo bay i have a combat tour in afghanistan. what happened to me happened to guys across our military quietly and silently with its backseat mandates are being dubbed patriot extremist as the national guard during the rights of george floyd in washington d.c. in 2020. i was holding a riot shield outside the white house it's a really during combat and in america with white house by doing fellow americans are throwing things at you. i served that regeneron six happened might unit was designated to guard the inauguration of joe biden for i served under obama pretty served under trump, i served under bush were going to guard joe biden i had orders to go. i had orders to be a major there. everyone had orders we were all going. a day before i went i got a call from the unit they said stand down, major points stand out we don't need you. to what you mean they don't need me? everyone has orders. no, we are good it got it covered. a light bulb went off right away this is not about that they do not want me there because i work for fox? because of support trump? why is it why it might disinvited where my orders been revoked? when he wrote the book i got a chance to get the inside scoop for people that were involved. i was a dog too, i joined the military to fight islamic extremists. i was dubbed by my own unit to be an extremist because i am a religious tattoo i have on my chest. they said we think you are a white nationalist. the tattoo has nothing to do with politics is a christian faith and religious symbol i have had for ve for a very long. was it about religion? was it about trump? was it about fox? i don't know but it is about politics of the message was clear pete hegseth, you are not welcome here to guard joe biden's inauguration part of that point i said i'm out. i am out i do not want any part of this institution. my prayer is patriots like us in a future president like donald trump can clean out woke generals. can change that will be trained in our military academies return the standards of accountability so that my boys i end the book with a letter to my five sons because a lot of people asking this question, do you recommend your kid serve? the reality is if not patriots then who? might recommendation with trepidation is that they should because we need patriots to serve. but it is our job to clean house at the pentagon so we have a pentagon and military worthy of their service. and where the other sacrifice. what happened in afghanistan is a huge stain on the institution of the military. we have to turn it around. mark: this marxist raw is beingg spread throughout the military. joe biden like to talk about bottom up in middle out. no, this is from the top down. you have it in chapter 14 marxist adjacent military academics. the one minute we have left, what you mean by that? work so i mean is our military academies have been captured like major universities into being factories of extreme left wing marxist ideology. you see the generals in charge of the military right now but during the bidding of leftists to become political generals who do all the woke of garbage they've allowed the military to be taken over by things other than meritocracy. now the trend to build an officer corps from the bottom up through art military academies that does the same thing, squeezing out the core of our military up patriots who really want to kill bad guys and defend our nation print we take our military academies and back so that young officers are trained about what it means to maintain military standards on a political ideology. mark: pete hegseth i wish i had the whole hour with you. i really do pretty you are fantastic for this book is fantastic. we barely touch the tip of the surface. it is the war on warriors by the betrayal of the men who keep us free. fresh off the printing press you can order on amazon.com right now. it is released on tuesday. any major bookstore went to strongly encourage you to find out what is happening to the united states military and that military personnel who are there. god bless you my friend. >> mark, god bless you. you are a patriot and i'm behind you all the weight. mark: you too, brother. ♪ ♪. mark: welcome back america. here is our friend top lawyer james trusty. let's step back from the intricacies and the weeds in this case and the legalese. you look at this case you summon it very easy what took place tierney was rogue from beginning to end the taking of the case i do not blame the jury there should never have been a jury. it should have been dismissed it. all of that said, this has a national impact on the voters, on the nation it has an impact on our constitutional system it has a federal impact on her federal election laws and federal jurisdiction of federal judicial authority. how do you sum this up? when you mawhat you make of all? >> these are the wages of law fair. if it stands we are living in a system where it is okay to announce you're going to target political figures to disable them. to destroy their campaigns. and to come up with inventive use of a law for that very purpose. it is the antithesis of everything rule of law stands for. think about this. this week we had the incredible spectacle of michael cohen appearing on tv and announcing truth is important. that is the spokesman, the minister of truth for law fair is michael cohen for that should tell you a lot. i view it as historic in terms of damage. as you and i have talked about this is the rubicon. it has been crossed if it is not on done though and forever damaged institution and the respect for the institution of criminal justice. mark: do you think the fact that one state is not even a one state, one prosecutor, one judge and now they are saying they sentence a trump and so forth and so on. nay will the question is to what. should have this kind of power with the nation in the middle of an election without any real way to address this? you go up and down the state criminal court the appellate processes and so forth. this was time to basically exclude that to make it a dead letter you can do that all you want. in the end trump was found innocent that is all great. the damage, the impact on the nation, the electoral system, federal election has occurred. this evil devious effort will have succeeded. so either there is a way to bring this to the supreme court whether they take it or not it's what they have two live with. to get supreme court involvement is still a good one but i recognize it's probably uphill. you've been at the forefront of pushing that argument. it is got potential. the bottom line is as nothing ventured nothing gained. i do not know why but someone would have to convince me at the negative to try to pursue supreme court involvement. i will say this to have little shred of encouragement for that per the supreme court when they dealt with the immunity issue and jack smith of trying to manipulate the timing of when they would deal with that, they seemed very cognizant of this went all the way through oral argument. great cognizant of the idea that law fair is breaking out around them. they knew the context of what was happening with the made their decision to not take the expedited request or take it and you handled the arguments the way they did. i do not rule out the supreme court getting involved just because of the uniquely historical and perhaps horrible context. that weaves into the second part of your comments. the idea he is going to have this victory of low-grade series of felonies over phone but didn't felonies being reversed 15 months from now. yes, that is a good ending but it is just justice delayed being justice tonight it's giving the law fair proponents the benefit of incapacitating and for the trial and for calling him a felon in all things are going to do during this campaign and the cases on the flimsiest of foundations. mark: that is the problem. the problem is the people who hatched this are quite diabolical. they are looking at new york state law. who hash this were the people who are outside the government and they came into the das office. and this was the plan. the plan was to time it in a way where number one, they would bog down trump. you don't have an equal playing field when you come to the electoral process one candidate who is unfettered, bite and the other guy is handicapped. so we, the people, the public does not get to meet, speak to a person, hear from the candidate. this horrendous and gag orders placed on him. all of these steps are taken because they want an outcome. that is they want guilty. will you can appeal. will grates, but you cannot appeal in time also having to appeal under the process that is unconstitutional in my view. as the nullification of the due process and equal protection for that is what took place in that courtroom. these are federal constitutional violations. this is by i think jim trusty the judge did not care. it was of no consequence to him. the appeal process, who cares i'll be after the fact the damage will be done. don't you think that is what they were thinking? lexus i think so. i tend not to go too heavy but any judge in lesson sitting in court every day and really picking up on some of the more subtle psychology in moments of it. this case was chock full of error. that feels like a politicized reckless kind of approach. a search of the judge not recusing. the judge's daughter is a high-power operative in the national democratic party how hard would it be at new york of all places. they should handle it for the appearance of impartiality. that did not happen here. you have a series of rulings in denying the chairman from testifying in the defense. a critical due process a defense witness. vague unsupportable jury instructions that would allow almost any jury to convict on the facts of this case. as a whole bunch of issues with a hard look we need to make sure everything is preserved mermaid at the appropriate time. this number of violations both independently and cumulatively looked to be violati in violatie ♪ ♪. mark: welcome back, america. jim trusty there is a lot of talk all the judge do in terms of the sentence? first he'll be gag orders hanging over donald trump it all the way through this process. he is not lifted its come to put him in jail. wow, do the supreme court might pick up the case of the put a candidate for president in jail? or if they give them an ankle, a bracelet and say it you can only campaign on certain days or you need to go to your probation officer get permission fun to fly to wisconsin or arizona. or 100 other possibilities as you well what you think about that? >> there's a real good chance that the judge tries to continue with this effort by escalating it into some form of detention a court somewhere, hopefully scotus would impose a state stay immediately. and say enough is enough. but i have to so the interesting thing to me i think the kitchen from calendula leave the number three perch at d.o.j. to reinvigorate this misdemeanor case and come up with inventive charges and pursue it, at all obviously is kind of a rotten. but i think politically alvin bragg would be smart to swear off incarceration. to say this was a nether core principle of our das office. we are not going to treated any differently than any other in credibly low grade stale slightly above misdemeanor case. it is a class e felony in your people don't usually go to jail for that i think the key it's if it bragg would weigh in if they're not seeking incarceration, or trying to be consistent with how we approach whatever i case that a settlemet like this. i put so much pressure that he does not go out on the limb by himself. if you are advising president trump you have to tell him it is a possibility we are going to prepare emotions for state and most omotions for intervention m the supreme court. >> the only problem is it bragg's audience is the people who vote for him and they love this. the people on the other networks and the love this it. i've heard it said on other networks that govern or hopeful should pardon donald trump i do not think these people understand the politics. it is the democrat party. they want this. they're heavily supportive of this. if they had their way they treat donald trump like the end of month leanings term. and that is hanging from a telephone pole by a foot. they do not have any rationality when it comes to this. that is my concern. the governor is not going to do a thing. bragg is not going to do a thing. that done exactly what they want to do and we are stuck. and i think the suggestions at like in a five years this will be reversed up with the american people will be repulsed that is not the way it works but this is not about sovereignty the americans people right to vote or participate in the judicial system. you have got bright and they will elect him again for this to be a feather in his cap you've got a judge we do not even understand how this judge was appointed he was an acting judge. they are not going to reflect on what they've done and any negative way. they are conquering heroes as far as i'm concerned but last minute, i'll give it to you, jim. >> the good news for president trump is a lot of people seem to be recognizing that. whether they watch a show, listen to me, whether their lawyers are not people of the fundamental sense of fairness and unfairness. they watch this trial were sorted replacing criminal were intent was left to a buffet for a bunch of manhattan jurors to pick from. it was nothing close to anything i have ever seen. to go back to the gag order, 35 years in the criminal justice system i've never seen a defendant gag. everything has been selectively about donald trump of people are fed up with it. mark: god bless you my friend, thank you for coming on. having low income can mean making tough choices. choosing between paying for food, or medication, or a place to live is a reality for many people. do you know someone who could use some extra help? find out about the supplemental security income program - ssi. you could receive monthly ssi payments if your income and financial resources are low and you are 65 or older... or an adult or child with a disability or who is blind. ssi is money you can use to help pay for basic needs. like putting food on the table. keeping the lights on. paying the rent. it can mean new shoes for growing feet or help with medical needs. call 1-800-772-1213 or visit ssa.gov/ssi to schedule an appointment or start to apply today. that's ssa.gov/ssi. produced at u.s. taxpayer expense. trey: welcome back america, pete hegseth is a unique guy, decent, kind, comes across as in it. the hero, a man who stepped up to serve his country in two different theaters, plus one time obey he is a fantastic guy, this book is illustrative of who he is and how he thinks. again stepping up to save the united states military from the biden administration of the world i encourage you to get it strongly the world on warriors, amazon.com, comes out tuesday you can get in any bookstore. we will see you next "life, liberty and levin" ♪