u.s. u.s. senate, adam schiff ga very warm welcome when his car was broken into and his suitcase still enforcing them to wear his casual clothes. a button-down shirt and a hiking vest to a formal ritzy campaign dinner crime does not discriminate against anyone in california. even including those in power overseeing the status quo and that once golden state that's quite an ironic story, isn't it? folks want to bet he did not talk about crime during that case. >> he glossed over. >> better if it was that french laundry. [laughter] i had no. that doe does it for us will seu back here tomorrow at 7:00 p.m. eastern for the big weekend show. "life, liberty & levin," that starts right now. ♪ ♪ ♪ ♪

♪. mark: hello america i am mark levin this is "life, liberty & levin" saturday to two great gs this evening john, you former deputy assistant attorney general and law professor, exquisite law professor, douglas a human rights advocates and national institute senior fellow but will have him on as well to talk about the hitler youth that are taking over our colleges and universities. we forget said that let's talk about presidential immunity. many of you watched or heard what was at the supreme court i know i did. and i got to thinking to myself, they are discussing the wrong thing. what am i talking about? well, what is an official act of what is a personal act, judge cody barrett was that person was

that private wasn't personal? sotomayor talking about possible insurrection. about what's going on here want to read something about 1876. he did about a year ago when this first popped up all makes sense it's very, very important. brutal election in 1876. as pointed out by the university of virginia center sheila blackford in the presidential election of 1876 democrats milton tilden ran against republican rutherford b hayes. at the end of the election date no clear winner emerged the outcomes in south carolina, florida, louisiana or unclear. both parties claim a victory in those states. republican-controlled returning boards would determine the official electoral votes.

try to influence accounting of the votes they spoke to whom ever they could. they were doing whatever they had to do, they needed our votes they determine which votes to count could throw out votes if they deemed them fraudulent. returning boards and all three states argued fraud, intimidation and violence in certain districts invalidated votes. they threw out enough democratic votes for hayes to win the presidency. sounds criminal, sounds illegal. sounds like election interference. meanwhile an organist range development added that to the uncertain mix. hayes won the state but want the republican electors jon w watts was also postmaster of the u.s. constitution for bids of federal officeholders from being elected. watts plan to resign from his position in order to be a republican elector the governor of oregon was a democrat

disqualified watts instead certified electors cast their ballots on december 6, 1876 generally the process went smoothly. but in four c-uppercase-letter salem, oregon, tallahassee, florida, new orleans, louisiana two sets of conflicting electors of mets and voted so that u.s. . congress received two sets of conflicting electoral votes. fake electors. why did they do that? because they're going to challenge the election on the floor of the house were both chambers meet at the senate and the house to count the electoral college votes. if you do not send a separate set of electors in, the other side automatically wins. there's nothing to acc count. they're not fake electors. they are a second set of

electors sent by the other party. that must be a crime. 184 electoral votes while hayes had 165 with 20 votes still disputed. tilden was in the lead substantially so. the constitution syphilis electoral votes be directed to the president and the senate who was a republican, thomas a w in the republicans argued he had the right to decide which votes to count. while, almost sounds like advice even by jon eastman the former vice president. democrats disagreed argued the democratic majority in the congress should decide. while a compromise was reached in 1877, electoral commission act commissioned five senators, three republicans, to democrats five representatives, three democrats, to republicans five supreme court justices believe it or not one independent to

decide which votes to count and resolve the dispute. the independent supreme court justice look to serve on the and was replaced by republican justice. had five supreme court justices three of whom republican appointees. hayes is not initially support the commission he and his mind because it would enhance the legitimacy of the eventual winner. unless the republicans control the vote for the commission voted eight -- seven toward the electoral votes from south carolina, florida, and louisiana and one from oregon to hayes. he was 20 behind. now, democrat members of congress threatened to prevent the count of the electoral votes and delay the resolution of the election. frequent adjournments and filibusters. they hope to win some concessions from republicans. blackmail? obstruction? two issues restoring their control of government thus white supremacy in the south.

always a for slavery and segregation. removing the last of the federal troops for railroads. reach any sort of deal beyond what hayes promised to do in this letter of acceptance. samuel j at randall democratic speaker of the house realizing created chaos of akbar on the democrats finally ruled filibusters out of order forcing completion of the account in the early hours march 2, 1877. 185 votes the tilden's two days before he was inaugurated. african-americans right to vote by the time he took office in the federal troops in the south protecting republican governments limited to small area surrounding state houses the capitals of new orleans and columbia. hayes insisted democrats in south carolina and louisiana pledged to uphold civil and voting rights at a black and white republicans, once the

democrats agreed of the remaining troops of the south white southerners quickly turned their backs on their pledges systematically disenfranchising black voters through poll taxes, literary tests and intimidation. democrats in the south grade segregated society using terror and violence to press african-americans. hayes had little power to control the democratic governments in the south. anyway, 1876. wow, what a year. let me talk to about the allegations against trump and others. brought by an unconstitutionally appointed rogue jack smith's appointment violates the constitution. numerous prosecutorial powers never had to present himself to the set of judi judiciary commie or the senate for a vote. basically this attempting to influence state officials ladies and gentlemen.

canids are free to try to influence state legislatures governors and whomever is involved to see if there's any way they make win or may have one or if there's something the other side did. it is not a crime it. it is not subverted but legitimate reject elections results. the election is not over until the house and the senate, the members of congress meeting and jointly say it is over. that is a whole point to. organizing fraudulent slates of electors you mean like it 1876? it is a second slate of electors to challenge the election on the floor of the house where this senate and house members are needed. they say goodbye who the president of the united states and the vice president of the united states are going to be under our system. using the department of justice to conduct sham election criminal investigations. sham, says who? will criminal investigations

been done by the department of justice on election fraud, all the time. how the radical left wing civil rights division that is constant accusing states and counties of criminal violations and election codes. there's nothing new with that. knowingly and fraudulently attempting to the electoral votes. when you have a lawyer like jon eastman or others, trying to convince the president of the senate that is the president of the united states -- make the vice president of the night states, pennsbury of the park at x versus y at maybe pence may be uncomfortable. maybe people may not like it, that is not a crime. it has never been a crime. utilizing the events of january 6, 2021 to levy false claims of election fraud and convince members of congress to delay the certification, free speech trying to influence the outcome of the election but not subverted and election part you are challenging the election. it has been down since the

beginning of elections a in the nine states of america. now, what does any of this have to do with the immunity hearing that took place in front of the supreme court? why is that case in the court? why is there, for the first time in american history a dispute over whether a presidents immunity carries over to his post- presidential life? when he conducted himself a certain way as president. why is this front and center? why is is never been an issue before? because of trump? that is ridiculous but obama could be charge provided will be charged for this is ridiculous. do you know why it's in front of the supreme court? because the biden administration that rogue unconstitutional prosecutor with their deaf, dumb, blind attorneys general have criminalized politics. they have criminalized the editorial process. everything they claim that trump did is not a crime.

now how else do we know that? currently through our own history they have criminalized elections in a political process what is trump charged with sedition? no. 1871 clute plucks a klan act and the reiteration for i just told you about an election that took place in 1876. after 1871 clute clocks and act was a mask. no one even thought about bringing a case against hayes comic-con state legislatures, against anybody. the enron obstruction act, what is that all about? they use that at the u.s. attorney's office in washington have the judges in washington d.c. against the january 6 letters. the problem is that does not fit they had to rewrite the statute. the circuit court the three-judge panel with biden appointees. applied to the purchase supreme court's having to hear that case

as well. and decide on it. then a law that's used against potentially corrupt federal contractors? that is what they are bringing against trump. the supreme court is sitting there at the debating society. it did not look like they're debating a law they were debating philosophy. what's private? what is official? what if seal team six is sent to overthrow a president sends out the military. but the presidents and alien? it was embarrassing it was humiliating is working for an unconstitutional prosecutor other assets of the constitutional system. the justice that should be familiar with jack smith pretty went there before he brought a

preposterous case he rewrote the statute. and so the governor was convicted only to have eight justices who ruled on the case rule unanimously, over turn it and say the statute did not say what mr. smith said it did put mr. smith goes back to the supreme court with all of this stuff because he was criminalized in the electoral process. a political process that could be ugly bird that involves talking to one another. that involves separate electors he has criminalized every piece of it. not under the insurrection or in sedition statutes but a dust up these ridiculous statues and throws in the donald trump. the courts caught up in all of the static -- the courts caught up in mr. smith's world. the courts caught up in some think that is something quite dangerous. now there going to decide what is official and private conduct

on facts brought to the court in a case that never should have been brought against donald trump. not by this prosecutor or any prosecutor. i will be right back.

mark: welcome back america. that's th when the uc barkley lt a deputy assistant attorney general, hoover institution visiting fellow very busy but not too busy to not be able to come here but thank you. what do you make of my points question of the reason we are in the supreme court is because the department of justice and this a prosecutor or doing things normal administrations will not do. they are pushing the edge of the envelope in every respect. >> mark, i think you nailed it in your monologue. i'm so glad you brought that out. everyone it's about the supreme court one of the going to be doing about immunity the supreme court is never here a case like this because no president and the history of the republic has tried to prosecute one of his predecessors. that is crossing a rubicon and it creates a terrible incentive for future presidents. because they have to always be

worried. thhave to be looking over their shoulder a future presidents going to go after them. what you have is the absence of statesmanship, leadership, common sense there are no doubt presidents in the past you might've done things other people might've thought would be criminal. future presidents always i was a best interest of our country to pardon a nixon. to get past controversies and look to the future and do its best for the american people. unfortunately it is joe biden has triggered this crisis by continuing to press the special counsel investigation. that is where the fault lies on this. >> listing to some of these injustices and they have been sucked into this world. i'm listening is that private conduct is that official conduct? do they actually think these nine justices are going to sit there and come up with a meaningful definition to apply and all circumstances when a president is sitting there under

god knows what conditions making decisions. having to make decisions and wonder. i heard judge jackson said that all of the lawyers for the criminal defense lawyers sitting around them determining at the going at this place with that place or make these decisions? they are buying into this whole thing it is donald trump. what is the potential, truly for doing permanent damage to the separation of powers the power of the presidency and empowering future administrations to go after past administrations like they do in the fascism marxist regimes. >> if donald trump wins this case is because of that exact points. let's just stop and talk about the future bird that is what is important in the question is what is this going to do to presidents when they have to make the hardest decisions for the country? do we want them to think about is my successor or my political opponent and the next election who was already going to get the nomination from his party?

are they going to turn the power of the government against me? what will end up doing a have presidency will not want to exercise any leadership. they will not take any risk. they will not make the tough calls they will be worried some successors going to want to throw them in jail. isn't that what is happening right now to donald trump? mark: isn't this evidence of the problem is in this example number one the clan asked the enron act and some federal contractor act they are bringing against donald trump after the fact? they have to dig and dust off these laws. they have to try to force their arguments into the arcane statutes which is what jack smith did before and what he is known for but we have justices sink what if he orders the military to do this? have we lost our minds here? works even if trump were to lose this immunity question it will go back. we've got to test, as you say exactly those kinds of charges.

must a shock you to is the flimsiness the rush to nature against trump but he will still be challenged at the trial court he seems to be of before a very unfriendly trial judge these kind of charges saying what happened on january 6 was a fraud on the government of the kind we usually charge government contractors for for overcharging for a hammer. or the enron were people who destroyed documents that congress wants for an investigation have been charged. action in these cases the courts have been very suspicious of the kind of claims a special counsel and the biden administration but robert is the biden administration not just special counsel that is behind this. the court may well strike down the second charge for it than the third charge the voting rights act sink making arguments disenfranchised everything a person of the country. apparently like you and maybe must've voted in the election in our votes were not counted somehow for those are all very

flimsy charges. there pushing beyond. this special counsel has lost nine -- zero we tried to prosecute rubies get to the supreme court he will lose on those two. before i do worry when you are the democratic party justices as well as spirits and reading the tea leaves here. that really caught in the weeds when they ought to be stepping back and saying wait a minute, i am a one lawyer in black robes that happens to be a supreme court justice. you are asked me too beat solomon and split this baby? why is his baby here? why am i being asked to split this baby? why, after who is this a prosecutor? why does he keep pressing us to do his dirty work? when they are cloistered in their various offices or in their conference selves this is

a mistake. this is a big mistake. the circuit court went along. two biden appointees the district a point went along had a radical obama employed t we are getting dragged into this it's a very, very dangerous area. we will be right back. but the relief is temporary. xiidra can provide lasting relief. xiidra treats the signs and symptoms of dry eye disease. don't use if you're allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied to the eye, and unusual taste sensation. doctor: why wait? ask your eye doctor about a 90-day prescription for xiidra today.

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professor john yoo. the issue of immunity let's be honest it is an implied position. there's nothing in the constitution explicitly. you've got to be irrational just like traditional review is not of the constitution it's an implied power for the judiciary. use you have common sense. the question as to the justices how are we going to run elections though? it used to be you could have a separate set of elections. there are any votes that used to be a candidate could pressure the speaker of the house. appeared in a stent led legislature or do it has to be done to win an election how to get the electoral college votes al gore litigating in one county after another in florida.

word of the rules now? the rules are prosecutors, local state and federal prosecutors will decide after the fact. decide whether or not a lawyer should be prosecuted or a lawyer should be disbarred for giving advice. what are the rules now? oxide is an excellent point an excellent question. i have to say agree or disagree about biden's merits they have opened the door disastrously on this to criminalize campaigns is spread not just from the special counsel it spread to our state and local d.a. that is what is going on with the hush money trail in new york city. that's was going on with the sprawling indictment in georgia. on the cases coming out of michigan and arizona. you are allowing any d.a. in the 2000, 3000 jurisdiction of the united states they don't like the way an election wasn't done they do not like the way a campaign was run. second, this is what the first amendment is about.

is there to protect our right to engage political free speech to govern ourselves to run our campaigns it is an outrageous violation of the bill of rights for d.a.'s to say president trump's reelection campaign is really organized crime a racket. everything connected to that is going to be chargeable. i agree. president trump at every right to make his pitch on the constitution to vice president michael pence. people in the states had every right to select alternate electors and send them forward in case congress rejected the ones i saw in the first place. that is all part of politics and campaigns it's part of our history known it's ever been prosecuted as you pointed out 1876 election. no it was prosecuted for hawaii in 1960 that change it's about too jon f county. no way in. i will say this people giving donald trump credit for he could've gone after hilary clinton ace in the kind of charges being brought against him but he chose not to prosecute anybody involved with the hilary clinton campaign.

but joe biden and i think these democratic das and prosecutors have open the door we are going to regret it is going to criminalize even more politics as we know it. mark: the people who push the rush it could collusion could be prosecuted on different grounds now obstruction of an election trying to overturn an election or overturn a presidency. the people who covered up the hunter biden laptop we have precedent and those people could be criminally charged. if t the department of justice s its way up the biden administration has its way and i've said this before, joe biden could be prosecuted. for failing to enforce immigration laws and all the crimes that resulted from that. killing american citizens with drone impacts. dig deeply dust off statutes the

next president in line at former president for prosecution. run cnc american control of law you men mentioned communist and marxist show meet the men i will show you the crime. that is because if you target people and just try to find anything you can on them you can bring them down with some sort of creative prosecutor. we had not operated in this country like that up to this point. instead we look at the law would try to fairly enforce it. i think you are right if you take the principle of the spring applied to donald trump now and all these prosecutions it means a whole bunch of other presidents could be prosecuted. people in the future. mark: these are the guys running on a campaign of saving

democracy. preventing a dictator and for separate criminal cases and four separate jurisdictions simultaneously all prosecuted by democrats. professor john yoo i want to thank you. you are a brilliant man i appreciate having you with us. god bless you my friend >> are not as brilliant as it looks, but thank you. [laughter] mark: yes you are. we will be right back.

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just a celebrating, embracing different types of nazis. this is fond of it as i have demonstrate on this show twice now by hamas for they have a funding network that funds the students for justice in palestine among others that poured billions of dollars into her colleges and universities. they are funded also by dark money billionaires the democrat party. the "new york post" has pointed this out. i pointed this out. but here is the problem but we have a president of the united states, joe biden despite what is swirling around in this country despite all of the crystal locks going on. despite the rise of jew hatred and american hatred in his own party. effectively it says nothing definitive. has no whatsoever note moral clarity whatsoever but every time he talks about anti-semitism it brings up islam a phobia or the palestinians. we do not have systemic islamic

phobia in america. they have it in the middle east for the kill each other. it's not in our country. what do you make of joe biden his administration? the fastest way to make a point on this to do the equivalence. the jewish students were waving the star of david not surround d them and intimidated them these are the targets you should get next. he would agree with me a group of black students were on any campus in america. not harassed on a daily basis have people calling for them to be lynched i don't think joe biden or aoc or anyone from either maine party and anyone in any of the main parties would do

anything but come out in full throated condemnation of the terrorist at in support of the league of minority. with any other group. it is a group of gay people on the campus and they were surrounded on a daily basis by other students calling for them to be killed and celebrated they would not be a person and congress or senate and condemn it wholeheartedly know if's or botsford their people calling for lynchings going on it would not be hard to do per the question i have why do we have the throat clearing's in this direction. why do we always have the but people in this direction but why do we have to be you've got to understand the context people in this direction. only one group one minority in

america and the 21st century is expected to put up with this they are called by these ignoramus have been educated into stupidity and malevolence it's a huge expense of the taxpayer and their parents. they say things like israel is a white supremacist society. nonsense most is real it's not even a white it is a colonial settler society nonsense there's nothing colonialist about israel. they have been indoctrinated into this evil all issue well know all bizarrely under this idea they are antifascist in some way. i have a message for those narcissistic kids who seem to think among other things they can stop a war in the middle east by gibbering and hollering on the campus of columbia as if anyone should or would listen to them. i have a message to them which is this. you may think you are the good guys. if you get what you want and if you manage to chase all the jews

out of campuses across america and if israel were to lose the war i would pray to god you do not wake up the next morning. if you did you would wake up the next morning and discover you are the nazi prick works very well said. i think we need to call them what they are. hitler youth. i am hamas really? okay then you are a terrorist. i am troubled by this administration response. first of all president of the united states has spokespeople putting words in his mouth. we have always said, no you haven't. in fact at the state of the union address he said nothing. he still h is not given a speec. this is pretty contemptible and outrageous. there are constant attacks which is an attendant attack on the jewish state of israel. that use him as a foil. let's be honest. they give aid and comfort to hamas. aid and comfort to iran. they give billions to iran. our border is white (anyone can come in but iran wants to come and they want to knock off

pompeo, bolted a in some of the others. we h have a president of the united states or does not speak to this. why not? >> well said. the case you just raised is one that i am baffled as you are has not had more attention. how come the u.s. gave billions of dollars to the islamic revolutionary government and iran, which is what it is. it's holding the iranian people hostage and has done all of my adult life. how come the administration and bringing are running from the cold gives a billions of dollars to iran. iran sense hitmen to try to kill mike pompeo and bolton and to see and you do not hear about it from a one-day to the next. note protest on campuses about that. they behave as if it is benjamin netanyahu who is the responsible party for all of the woes. not just the middle east but it seems of the world.

you are right when they do this thing of trying to focus the blame on him, i've been in israel at most the time since october. one of the things is so little understood everyone from the administration and d.c. all the way down to the idiot know nothings on the campus. one of things they do not realize is you can replace it benjamin netanyahu tomorrow. you would still get an israeli leader who did almost everything or more that netanyahu is doing in the war in gaza. there's not one israeli leader of the left, center, or write who does not believe like the majority of the israeli people they can no longer live beside the genocidal terrorists of hamas. mark: well said. we will be right back. we're passing on a cultural heritage, the culture of the west when the federal government started giving money to colleges, we didn't take it.

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♪ ♪ welcome back america. with the hitler youth in america funded by democrat dark at moaning including soros. a radical left the democrat party organization funded by hamas network. the marxists funded by communist china and the confucius institutes. we have an fbi that says we don't monitor any of this we give advice to local cops there busy monitoring parents,

catholics and pro-lifers and so forth. it's quite a mess. i don't see them going to the list to see if they should be kicked out of this country, douglas murray. a constant attack on benjamin netanyahu. you just reported on this. tell us about it. >> just broke a story this week and a column in the "new york post" there is an attempt by the international criminal court in the coming days, weeks to indict benjamin netanyahu. and to other people at the top the israeli government are war crimes issues this is based on no investigation and no evidence. it is a demonstration of something very important that is about to come up. a demonstration of you and i have said often is the radicals go for israel first and everyone else next. republicans in particular has

tended to beat we will not respect the jurisdiction of the court because you know what? you will come for our generals. he will come for our secretaries of defense it will come for our secretaries of state next too. this is a very important moment that's going to happen if these indictments come against netanyahu and the other israelis. when these indictments are leveled against our allies in israel be sure the same radical left judges and prosecutors and others will be coming from american generals, american soldiers. american officials and lawmakers next. and i hope this is stupid ridiculous and warped, completely inverted world of international criminal court i hope they realize that in doing this they're actually not doing what they hope to do which is to de- legitimize israel they are delegitimizing themselves. sue f for couple things on this. you have slaughtering muslims.

you've got putin slaughtering ukrainians. you have got genocidal police state in north korea. we can go through the list. iran raping its women. torturing and killing its people. we can go to the list of horrible's probably 180 countries in the world they go after netanyahu because he is defending his people who are jewish and he will not relent. donald trump did not recognize that courtship. donald trump put sanctions on that court and said if they ever step out of alliant and attack us, the united states is going to do more. biden comes in, recognizes the legitimacy of that court justice biden is burned down so many of our protections in our society internally and externally they come out with a report last week at the state department that really added fuel to what the so-called international court is going to do.

israel is at the top of the list b. the worst countries when it comes to so-called war crimes. our own state department did that. feeding into it the court is going to do. >> the other thing is this is the first time the international criminal court has come not for occasionally they do thing is various the occasional african death spot. that works about putin and the icc. they are all just words. putin is not going to give himself up to the hague. kim jong-un loan is not only to cap any time soon determined she is not going to be. this is one of the many sinister things about the icc the first time they are coming for a democratically elected leader. the democratically elected leader represents his army and his people in a conscript army it's an attack on israel.

they will come for the u.s. next. before you note if the icc get away with this it will be elected american leader that will be in their sites next. mark: may but they'll come for biden but i don't that's good or bad about this netanyahu is a disgusting disgrace he is a great leader. in my view he is the churchill of our time is the voice of freedom in our time of all the elected officials are trying to put donald trump in prison. douglas murray and want to thank you for all you do. god bless you my friend. >> great to see you, thank you. mark: we will be right back.

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welcome back, america. i can see right democrats to reelect joe biden, i can see why the youth want to reelect joe biden. i can see why marxist want to reelect joe biden, he's destroyed our border trying

citizenship and destroying our economy with inflation through the roof and destroyed our legal system and for personal political gain. he's become the rich through groups and companies and his family members but no problem with that. over seas he started wars all over the world, he's shown weakness and has sold out. he supported the wrong side and every instance but if you. he can barely talk, really think, he can barely walk so why wouldn't the democrats want to renominate joe biden? i'll tell you why. it's the people who surround the marxists, islamists, obama, radical and destroying this country. if we don't put our foot down in november, it's over. i'll see you tomorrow night on life, liberty and levin. ♪ ♪