Mark Hello America i am mark levin this is life, Liberty Levin sunday. Premier attorney David Schoen Fordavid Schoenformer national r to President Trump robert obrien. Before we get to our great guests, let me try something so we can put this in plain english. This case in manhattan, lets pretend we had a real judge who is competent and who actually wanted to do what a judge is supposed to do. Lets pretend we have a prosecutor, alvin bragg and he files a 34 count indictment against a former president who is running for president again. And lets say the president s lawyers file as they did responses to the indictment seeking dismissal, summary judgment. Lets pretend i am at this hearing and i am the judge. Mr. Bragg has to present not his a case but i want to deal at the issue of dismissal potentially summary judgment. Mr. Bragg stands before me and i say mr. Bragg i have read your 34 chargers im a little confused. Yes, your honor what might it be . What is the crime you are alleging . We are alleging the Misdemeanor Statutes in new york were violated with respect to the reporting of businesses. Concealed a payment and a nondisclosure arrangement in order to violate the federal Election Commission laws with respect to positive information in an election that is illegally paid for. That is interesting mr. Bragg i have a couple questions for you. Yes. This Misdemeanor Statute you are looking at has already expired the statute of limitations are over. They were over years ago. Yes your honor but this revives it. Well, ive a question why did you bring the case now . That is number one mr. Bragg. Number two, you do not get to come into this Courtroom Base a case on a federal offense thats never been a charge let alone adjudicated. It is never been charged at the federal level with the federal Election Commission referring it to the Department Of Justice. It is never been charged by the u. S. Attorneys office for an effect both of those entities looked at it and took a pass. So you are asking me, a judge, to take your 34 charges to resuscitate eight Misdemeanor Statute that lapsed years ago because now you decide to bring the case now in the middle of an election and you claim it is resuscitated and becomes a felony for which mr. Trump can serve at decades in prison because you have decided at a local elected d. A. Not the u. S. Attorneys office, not the Department Of Justice, you have decided donald trump committed a federal Campaign Violation for which she has never been charged, let alone has the matter been adjudicated do i have that about right . Yes you do your honor but you have that about right. Lets go on. Mr. Bragg, what kind of case that you intend to bring in front of me what kind of arguments . What kinds of motions . In other words where you try to take this court . Quickly your honor we want to bring individuals in who can tell a story about mr. Trumps past practices. We need to bring in the National Enquirer to show payments were made. To hush Stormy Daniels and others. We need to bring in michael cohen. Mr. Bragg, yes. It sounds to me like this is highly speculative and political. Ive heard o the Collateral Evidence problem . Ive interviewed in the audience . No because all these great legal minds are not told you about it. Collateral evidence cannot be admitted because of a lot of reasons. Number one the propensity to commit wrongdoing is not considered probative. As a matter of fact its prejudicial to the event you cannot bring in the persons life stories or their litigation history or anything else you have a case in front to be the case to being tried is the case in front of you. The facts i on the wall in front of you. You are the judge. That is the jury this is not mr. I know what thats exactly was taking place in the courtroom. The judge should have dismissed this case immediately. Immediately. Let me ask you folks a question. Put yourself in President Trumps shoes. You were charged with 34 counts, you are indicted and could go to present you are not exactly sure what you are charged with. If this is not a violation of due process there is a violation of due process. Its impossible for you to defend yourself and your lawyers to defend you in any effective way if theyre paying Walkable Third may be the argument is over here. I got to know if this witness over here and what happened 13 years ago with a Money Payment over here . Do you understand . You have a right to note with his detailed what it is you are accused of. Number two, the accusing parting the District Attorney has to have the jurisdiction. He has no federal jurisdiction to make allegations about federal election laws. That is number two. Number three there are no allegations. There are no charges there is no adjudication donald trump violated any federal law respecting the election. So this whole case is a dead case walking. The problem is that will not be realized until appeal should there be a conviction on one of 34 counts. The overcharging is absolutely outrageous. Which is another thing i wouldve sent to mr. Bragg. Why are you breaking this into 34 individual chargers . At best you have one, two, maybe three. Im not going to allow the semi court if you had a real judge she wouldve dismissed that case i am sorry the statute of limitations has wrong. You brought the case very late in the middle of an election. You are demanding i take up the case in the middle of an election, which is really a mistake. Im not going to do that. In fact it is abhorrent. Number three you are arguing there is another law that breedbreathes life back into te expired Misdemeanor Statute and raises the level to a felony without any evidence other than your sayso. In fact the evidence is contrary, the fed said no. You expect me too hold a trial here in the course of this . And then in terms of witnesses you expect me too agree to a long list of your witnesses that have said nothing to do with what i believed to be at your chargers. What i believe you are alleging in this case. Do you understand due process applies to the state the fifth and 14th Amendment . That is to this courtroom. And it is my job to ensure the constitution of the United States is upheld with respect to the bill of rights even in a State Courtroom . The by the administration is grotesque and obvious. Youve heard about this man who was number three man at the Department Of Justice associate Deputy Attorney general of the United States. That is a big job and he was the acting associate deputy internal appointed by joe biden under parent garland. He leaves this procedure supposed to work with Letitia James. On her case against donald trump. Here we have a case against donald trump that alleges fraud without fraud. Just as we have a bragg a case that alleges crime if we can figure them out where there is no crimes. Fraud where there is no fraud, crimes or there is no crimes. And so who is behind all this . In part it is the number three guy, the biden guy helps Letitia James then he moves to help alvin bragg. Hes a very busy man he goes from a prestigious a federal position into Attorney Generals Office and then to Eig To A Lowr office the das office we are all supposed to pretend he is just a Good Samaritan lawyer, that is all. No, he is there representing the biden regime and their effort to destroy donald trump and imprison him before the selection. That is exactly what is going on. Let me make something abundantly clear about all of this. There is a recent Supreme Court decision. They do not call the Supreme Court in new york it is kind of weird its their highest court in new york that throughout the Harvey Weinstein conviction of 2020. You know whether through that case out . Because of the Collateral Evidence rule. That is the court said in so many words you know what . You allowed all kinds of Witness Testimony Evidence in that had nothing to do with the allegations that were made in the indictment in front of the trial court. That is destructive and due process it is not probative it undermines the defensibility to defend themselves. The lawyers and the defendant so they threw it out. They will do exactly the same thing with this case. The problem is it wont happen likely until after the election. Should this injury in this dark blue democrat city, the same people who elected alvin bragg elected this judge it is the couldnt same constituents the same place, manhattan. Youre convicted of something wont be until after the election this is a farce. Beyond even my ability to describe it. It is clearly an effort to interfere with the selection. By the lawyers, by the prosecutors and by the judges in new york city. By the lawyers, and the prosecutors, and albany, new york. This is a disgusting disgrace and i hope the justices on the Supreme Court who have been sucked into this, jack smith argument about is it official or private . Is it private action or official action understand that what you have here is the criminalization of politics. The criminalization of the electoral system. By the system. The law is being abused. This is not justice. It is the law thats being abused frisking abuse and manhattan. Speak abused in Fulton County and it is being abused in washington d. C. By a Rogue Prosecutor by the name of jack smith who had to be admonished by the Supreme Court eight zero in the bob mcdonald case the republican governor of virginia. But even that it was too late by the time i got to Supreme Court. This is sleazy, contemptible, diabolical, evil, laffaire. And Everybody Knows it except for the paid grifters the former socalled federal prosecutors and defense lawyers. The slip and fall Ambulance Chasers on msnbc and on cnn. Everyone else knows what im telling you is true. This case should have been dismissed or dismissed on the law. For lack of a crime. Right up front but it wasnt. And so there is donald trump and even to give you a little piece of this he keeps in the courtroom is very, very cold, why is the judge keeping the courtroom very, very cold . Is to make donald trump uncomfortable. That is all. Why did the judge rule rather than taking off on fridays will take off on wednesdays . Why because Orthodox Jews they celebrate the sabbath. When The Sun Goes Down on friday they are among Donald Trumps biggest supporters in new york he did not want them on the jury. I can go on and on and on about what is taking place here. Every one of the people involved in this should be disbarred. Every one of them but it will not happen. You know why . New york state and new york city bars are part of the Election Interference. Theres a partys first, just just his weight on the list. We will be right they need their lawn back fast and you need Scotts Turf Builder Rapid Grass. It grows grass 2 times faster than just seed alone. Giving you a stronger lawn. Smell that freedom, eh . Get Scotts Turf Builder Rapid Grass today, its guaranteed. Feed your lawn. Feed it. Tech at safelite, well take care of fixing your windshield. But did you know we can take care of your Insurance Claim . That means less stress for you. Woman thanks. Tech my pleasure. Have a good one. Woman you too. Tech schedule today at safelite. Com. Singers safelite repair, safelite replace. Mark a book about the murder where theyre good friend david shone. I look at this case and manhattan a crime. There is no crime you will look at this a case live with Letitia James of fraud, there was no fraud. I look at these judges selected from the same districts. This judge is handling the manhattan cases elected in the same district by the same people as alvin bragg. And then we have an individual has is a number three at the Department Of Justice. He helps, hate leads the number three prestigious about the Department Of Justice supported by biden to help a Letitia James in her fraud no fraud case and it moves from the Attorney General the state Attorney Generals Office down to the das office in manhattan, to help alvin bragg with his crime no crime case. And at the Department Of Justice when i was Chief Of Staff to Attorney General, normally would step in and a case like this and say wait a minute this is federal jurisdiction privies arguing federal offenses he has no role. That is us but we do not see any crime. We go into Federal Court. We get a Federal Court order to stop that case in the state court. That is what we would have done. Biden has not done that. Garland has not done them. There are guys running around these different courtrooms in manhattan with phony cases. What do you say to people who say the Biden Administration is not involved in this . Dont you have any proof question until we have dna fingerprints, photographs and Everything Else . I know its very hard to do but try to continue to believe in the system its really not working here. What i would add to the narrative you gave which is completely accurate is this judge was handpicked there is not random selection of the default and that court is random selection the chief administrative judge said he picked judge merchan so that he was not the reason if youve been in front of judge merchan he was handpicked for the band in case the Trump Organization case, and we know this is a judge in my view at least his recusal was a mandatory under 22 nycrr the code of regulations in new york 100. 3 eat one d3 which says any judge shall disqualify themselves not optional but mandatory if the judge has a relative within the sixth degree which shoe has an interest that could be a substantially affected by the proceedings. In this case we know from all the media reports the daughters and company hasnt profited off of this case. They read Something Like 93 million we are told we have shift contribute for the consulting services. Gluing the judge and his daughter have a vested interest in seeing this case is not dismissed. That should offend everyone democrat, republican or anything in between. And then as you say there is no crime here. I do not believe there is a misdemeanor but here is you know they have jerryrigged to make it a felony they charge for falsifying Business Records with the intent to defraud and then they have to charge the intense to commit some other crime. I believe this indictment is one 100 effective for the failure of the grand jury to specify with the other crime is. The judges order denying the motion to dismiss approves it. He said the prosecutor has throat out for theories on what the crimes could be. After all it could be Election Interference it could be a tax crime. It could be election disclosure crime. You cannot defend against completely differently defended crimes in one city like this. And how do you know what the intent was supposed to be that you have to prove to the jury . Its absolutely defective but they dont care about the appeal they want to make trump sit in a courtroom every single day. Not on the Campaign Trail and try to get a conviction by throwing 34 counts after him with the new york jury. Mark one 100 right list talk about due process. When a judge says it might be this and it might be this and it might be this and it might be this. You cannot defend yourself against walkable. You cannot prepare an effective defense. We are going to fight and his lawyers are doing a good job at the start my point. The judge has a job here that is to uphold the law and the constitution, two of them they federal constitution in the state constitution. When you have a defendant who is fighting for his liberty and use it could beat this crime and it could beat this crime and it could be this crime the prosecutor us all kinds of theories we will see how this ends up. That is not upholding due process but that is not what judges normal