August 22nd, 2022

August 22nd, 2022

Supporters of former US President Donald Trump drive around the Paul G. Rogers Federal Building & Courthouse as the court holds a hearing to determine if the affidavit used by the FBI as justification for last week's search of Trump's Mar-a-Lago estate should be unsealed, at the US District Courthouse for the Southern District of Florida in West Palm Beach, Florida on August 18, 2022. - FBI agents recovered multiple highly classified records during the search of former US President's estate, according to documents made public during a probe that includes possible violations of the US Espionage Act. (Photo by CHANDAN KHANNA / AFP) (Photo by CHANDAN KHANNA/AFP via Getty Images)

On Monday’s Mark Levin Show, we are in the midst of an American cold war, where the forces of tyranny battle with forces of liberty using the legal system, public schools, the government, and the media to advance their agenda. Former President Trump filed a motion against the government citing that politics can’t be allowed to influence legal proceedings. It’s clear that Trump is being targeted because he is the clear front-runner for the 2024 presidential election. The government’s failure to provide a detailed inventory of documents taken in the unconstitutional raid where Trump’s fourth amendment rights were violated by a politicized FBI and magistrate judge. Then, the Democrat Party hates this country and full of dirty tricks that they pull off in plain sight via the media. Isn’t it strange that some conservatives are more against Oz than they’re against radical progressive John Fetterman? Later, Fauci is retiring but will he be taking any documents with him? Of course, leftists within the media like Carl Bernstein won’t even ask. 

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Appeals court backs ruling to release DOJ memo on Trump prosecution

Hot Air
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Fox News
New York Times guest essay calls for liberals to bypass ‘broken’ Constitution, make it more ‘amendable’

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Photo by Chandan Khanna/AFP

The podcast for this show can be streamed or downloaded from the Audio Rewind page.

Rough transcript of Hour 1

Hour 1 Segment 1

You know, when you run a syndicated program like this, we’re on about 400 plus stations all across the country. There’s a lot going on in terms of elections, primaries, general elections, various news events and so forth. But a syndicated program can’t survive if every one of the affiliates decides. What we’re going to go our own way when there’s an election, when there’s a primary or there’s something like that. She says the syndicated program, this is why we provide alternatives when the time comes, because all of our affiliates are not supposed to preempt for these purposes. And so when that does happen, I encourage you, you can listen to satellite radio that never preempts us. You can listen online. Go to Mark Levin, Mark Levin Show dot com. You can go to the Mark Levin at the I Heart radio app. And many of your stations also have direct streaming as well. The world has changed. There’s many ways to listen. There’s many platforms. I believe in loyalty to my affiliates as long as they’re loyal to this show. It’s a very, very important elections, politics, current events, history. This is what we do here. That’s the whole point of the program. This isn’t a a music program. It’s not a cooking program. This is what we do. This is our Super Bowl. I have in front of me the motion that was filed by President Trump and his lawyers today, and we already had former federal this and that on TV saying where charges isn’t going to appoint a special master and so forth. And I’ll get into that in a moment. They have no idea what they’re talking about. Maybe a judge will, maybe a judge rompin in a case like this. They sure as hell should. And so let’s take a little time going through this and then I want to talk extensively about the upcoming election. Because I think something’s happening that needs to be addressed. But they rode here in part in the filing today in federal court, Southern District of Florida politics cannot be allowed to impact the administration of justice. President Donald Trump is the clear front runner in the 2024 Republican presidential primary and in the 20 24 general election should he decide to run beyond that, his endorsement in the 2022 midterm elections has been decisive for Republican candidates. On August eight, 2022, in a shockingly aggressive move with no understanding of the distress that would cause most Americans roughly two dozen special agents of the Federal Bureau of Investigation, directed by attorneys for the United States Department of Justice, raided the home of President Trump. According to the government, the agency’s documents privileged and or potentially privileged materials and other items, including photos, handwritten notes and even President Trump’s passports that were outside the lawful reach of an already overbroad warrant. President Trump, like all citizens, is protected by the Fourth Amendment to the United States Constitution. Property seized in violation of his constitutional rights must be returned forthwith. Now, this has been an issue I’ve been raising the Fourth Amendment and CNN and others have gotten a completely wrong in analyzing this already. They say, well, there were many occasions in which the Trump people could have raised and know the news organizations in judicial branch raised First Amendment issues. This is the Fourth Amendment. Law enforcement is a shield that protects Americans, cannot be used as a weapon for political purposes. Therefore, we seek judicial assistance in the aftermath of an unprecedented and unnecessary raid on President Trump’s home at Mar a Lago in Palm Beach, Florida. And again, I want to remind you. The Department of Justice did this. There was no need for any of this. Now they want to protect sources. They want to protect the affidavit. No, the answer should be no. But it appears already today this master who’s a Trump hater in South Florida who signed off on the search warrant. It’s becoming increasingly resistant to releasing very much in this affidavit that will matter. And just remember what the media were saying just a few days back, that Trump didn’t want this affidavit released because it was embarrassing. Well, Trump wants it released. Bhuvan asked the government the questions that any American citizen would ask under these circumstances, mainly, why raid my home with a platoon of federal agents when I voluntarily cooperate with you your every request? What are you trying to hide from the public, given that you requested that I turn off all home security cameras and even refused to allow my attorneys to observe what your agents were doing? Why have you refused to tell me what you took from my home? As set forth in detail below, the government has declined to provide even the most basic information about what was taken or why. However, the scant information the government has provided a vaguely worded receipt for property in the warrant itself. Raises significant Fourth Amendment questions about this unprecedented and unnecessary raid, for instance, the government’s informed counsel for President Trump that privileged and or potentially privileged documents were among the items taken from his home. But the government has refused to provide any information regarding the nature of these documents. The Supreme Court has held the documents reflecting communications between a president and top advisers are presumptively privileged, US versus Nixon. Protecting the integrity of these documents is important not only to the movement but also to the institution of the presidency, the movement being president significantly. The government has refused to provide President Trump with any reason for the unprecedented general search of his home. To date, the government has failed to legitimize its historic decision to raid the home of a president who been fully cooperative. Instead, faced with public backlash, the attorney general has taken the unheard of step of announcing at a press conference that he was willing to release portions of a sealed search warrant application. Government leaks to favored media outlets have provided ever changing and inaccurate justifications, quote unquote, for the politicized conduct of the FBI and Department of Justice. These unsupported so-called justifications by anonymous sources hint at a breakdown in communications between President Trump’s representatives and the government, or that there developed a need to obtain a search warrant. The actual chronology of events clearly establishes that there was no exigency for a forceful raid, and there is no basis for keeping information about the raid from the public. The president, therefore requests that the court order the government to provide the information sought by this motion and to take other measures set forth in detail below in order to protect the president’s constitutional rights under the Fourth Amendment. Still want to hear more, Mr. Producer? On January 20, 20, 21, President Trump and his family left the White House. They moved back to their home at Mar a Lago in Palm Beach. Mar a Lago was a historic landmark, a mansion with fifty eight bedrooms, thirty three baths on 17 acres of land extending from the Atlantic Ocean to the Intercoastal Waterway. Hence the name, which means sea to lake consistent with every modern presidential transition. Staff conducted the move on a condensed time frame. That move, like home moves undertaken by most Americans, involved boxes. It was done during the day with the boxes in full view. In other words, he didn’t steal or hide anything after President Trump and his family settled back in their home, employees at the National Archives and Records Administration, Nara inquired as to whether any documents were inadvertently transferred by the movers to Mar a Lago in January 20 22 movement, the president voluntarily asked Nora Movers to come to Mar a Lago to receive 15 boxes of documents. That had been brought by movers Tamara Largos so that they could be transferred to the National Archives in Washington. And on February twenty twenty two, the archives made the following public statement throughout the course of the last year, the archives obtained the cooperation of Trump representatives to locate presidential records that had not been transferred to the National Archives at the end of the Trump administration when a representative informed the archives in December twenty twenty one that they had located some records. So in other words, here’s the Trump people informing the archives. The archives arranged for them to be securely transported to Washington. Archives officials did not visit or raid the Mara Lago property. That’s their statement in February of this year. Sometime thereafter, I’m reading you this because you’re not going to get it from the press, ladies and gentlemen. Sometime thereafter, our employees involved the White House and DOJ in the matter of the voluntarily returned 15 outboxes boxes movement movement, the president was was contacted because the 15 boxes contain documents from his administration that were protected by executive privilege. And the movement’s counsel communicated with representatives of the White House, DOJ and the archives regarding these matters on May 11, 2020 to move and voluntarily accept the service of a grand jury subpoena addressed to the custodian of records for the office of Donald Trump. First, we’ve heard this seeking documents bearing classification markings, President Trump determined that a search for documents bearing classification markings should be conducted even if the marked documents had been declassified and his staff conducted a diligent search of the boxes that have been moved from the White House to Florida on June 2nd, 2020 to President Trump to council invited the FBI to come to Mar a Lago to retrieve the responsive documents. The next day on June three, 2022, Jay Brack, chief of the counterintelligence and export control section of the Department of Justice National Security Division, came to Mar a Lago. He personally came the head of that division, accompanied by three FBI agents. President Trump greeted them in the dining room at Mar a Lago. There were two other attendees, the person designated as the custodian of the records for the Office of President Trump and counsel for President Trump before leaving the group. President Trump’s last words to Mr. Pratt and the FBI agents were as follows. Quote, Whatever you need, just let us know, unquote. Responsive documents were provided to the FBI agents, Mr. Brad asked to inspect a storage room counsel for President Trump advised the group that President Trump had authorized him to take the group into that room. The group proceeded to the storage room, escorted by two Secret Service agents. The storage room contained boxes, many containing the clothing and personal items from President Trump. The first lady, when their inspection was completed, the group left the area. Once back in the dining room, one of the FBI agents said, thank you. You did not need to show us the storage room, but we appreciate it. Now, it all makes sense to, quote unquote, counsel for President Trump and close the interaction. Advise the government officials they should contact him with any further needs on the matter. On June 20 22, Mr. Pratt wrote to counsel for President Trump. His letter requested in pertinent part, that the storage room be secured and response. President Trump directed his staff to place a second lock on the door to the storage room, and one was added. And the days that followed President Trump continue to assist the government, for instance, members of his personal and household staff were made available for voluntary. The interviews by the FBI on June 20, 2010, June 22, 2022. The government sent a subpoena to the custodian of records for the Trump organization, seeking footage from surveillance cameras at Mar a Lago at President Trump’s direction. Service of that subpoena was voluntarily accepted and responsive video for footage was provided to the government. I have to take a break. We’ll continue this when I return. I’ll be right back.

Hour 1 Segment 2

I’m going through these facts, ladies and gentlemen, because you haven’t heard this before, and this is really the first time Trump and his people have been able to put them forward. And so it’s very important that, you know, what’s in front of this judge, what’s in front of this court. And as I say, you’re not hearing any of this on TV or any of the synopses that are out there in the media. This is a very short segment, but I want to continue will continue after the break. Despite again, this is the motion filed by the president’s lawyers. Despite the voluntary assistance provided by President Trump, the government took the unprecedented step of requesting a search warrant for his home. The government sought an expansive and intrusive search of President Trump’s office. All storage rooms and quote, all other rooms or areas with the premises used are available to be used by President Trump and his staff in which boxes or documents could be stored, unquote. The government also sought an expansive definition of property that it could seize, which included not only responsive documents and associated boxes, but also quote, any other containers and boxes that are collectively stored if found together with the aforementioned documents and containers boxes. Essentially, the government secured court authorization to seat boxes that just happen to be located near potentially responsive materials. The search warrant was signed at 12:00 12:00 p.m. on Friday, August five. Twenty two, the government was given 14 days to execute the warrant. I want to get into this further because it’s very compelling, just the factual recitation, is it not, how unnecessary a search warrant is. And now and now the cover up, the cover up of the affidavit and now the leaks by the government and now the the so-called mole or spies here in Mar a Lago, I’m sure they are telling the truth. No matter what you see, it doesn’t take a whole lot to bring an indictment where most of the grand jurors are Democrats. And that’s my great fear here. This is a complete setup. I’ll be right back.

Hour 1 Segment 3

You know, is a very important matter. And I’ll swing back to this in a minute. Epic times four point nine million illegal aliens cross the U.S. border and 18 months since Biden took office. That’s almost five million, almost a million got away. That is people who escaped. We don’t know their identity. We don’t know their backgrounds. We don’t know anything. That’s about the entire population of the country of Ireland, according to Fair President Dan Stein, entire population of BRISKA in terms of the nearly five million start thinking about these things. More than twice the size of the city of Philadelphia. Where are they? Not a Supreme Court ruling about. If memory serves 40 years ago. Illegal alien children have a right to a public education. So we have many things going on here that are really quite remarkable. Number one, you have the fleeing of the public schools by American citizen children at a rate never seen before. I guess you have. Number of illegal alien children that are attending public schools at a number we’ve never seen before, and so we have the secretary of education, who is a radical kook hack, who defends the educational bureaucracy, including the NEA, NAFTA, saying we don’t have enough teachers. So, of course, they need to be paid more. Now, the fact is. I know exactly what’s going on here. They want to go to a four day workweek. That’s what’s going on here. Not enough teachers, the classrooms are too big. Let’s go to a four day school week, they’ve been wanting this forever. Forever. A four day school week, so we can have even dumber kids, not through the fault of the kids, but the people who have to send their kids to public school. So that’s what’s going on here, in my view. The kids were never primary with the educational bureaucrats, the NEA, the AVT or the Democrats for that matter. So your parents better speak up and speak out. This is all part of a furthering of an agenda. For the Democrat Party, for their unions, it’s like doubling the size of the IRS when the unions at the IRS and the Treasury Department give over 95 percent of their campaign donations to Democrats. It’s all a sham, it’s all a scam. I mean, look at the numbers here. Maybe this is why the borders are opened, among other reasons, replacement theory, you know, they don’t want to replace the leaving school kids with illegal aliens now, but the Democrat Party and their media have not explained yet why our borders are open when you consider all the horrific inhumanity and crime that’s taking place. The fetlock coming in and the drug cartels getting footholds and the sex trafficking in the molesting a little kids and the raping of women. They control the border, the Democrats, why is it open? All right, let’s get back back to this excellent filing by the Trump laws. And no, I didn’t get an advance copy. I just printed it out. Belying any actual urgency, the lawyers for the president, right, the government waited three days until Monday, August eight. Execute the search warrant early in the morning on August eight, a group of roughly two dozen FBI agents gathered on the premises at Mar a Lago carrying boxes and other items. At approximately 9:00, 10:00 a.m., Mr. Bradt telephoned counsel for President Trump and informed him that a group of FBI agents was at Mar a Lago to execute a search warrant. Heated discussion ensued as to why the government did not make a voluntary request to further explore the premises, given the expanse of assistance that President Trump had provided to that point. Mr. Bratton made several requests, the first request made by Mr. Bratt was at all closed circuit TV cameras of Mar a Lago be turned off. Now, why is that, folks? Why is that so you and I can’t see? And so no court can see what took place, that’s why. It’s like the old East German Stasi, everything’s done in secret, under cover. Personally, Tamara Laga policy, in the absence of any court order directing such a measure, this request was declined. Mr. Brad also requested the names of any attorneys who might arrive at Mar a Lago on behalf of President Trump and turn counsel for president. President Trump requested a copy of the search warrant and affidavit in support and has to be provided with a list of anything seized once the search was completed. Mr. Brat declined to provide the search warrant, an affidavit stating that after the FBI agents finished their search, Mr. Trump would be provided with a copy of the search warrant and a receipt of the property. But not the affidavit. Not, ladies and gentlemen. Maybe. Maybe I missed this when somebody knocks on your door. And says, I’m the FBI, I’m here to search your home. They had to present you with a search warrant. Not after the fact. But in order to gain entry to your home. Among other actions taken after being notified of this unprecedented event, counsel for President Trump contacted three attorneys in the general area who agreed to go to Mar a Lago excuse me, once they arrived, they requested the ability to enter the mansion in order to observe what the FBI agents were doing, which the government declined to permit. Now you’re in President Trump’s home. And the FBI won’t let lawyers for the president at that point to go into his own. Why? You know, in the usual court, I didn’t ask you why. After approximately nine hours, the FBI concluded its search for an FBI agent provided one of the attorneys who had been waiting outside for nearly the full nine hours with a copy of the search warrant. The FBI also provided a three page receipt for property. That list provided almost no information that would allow a reader to understand what was seized or the precise location of the items on August 11, twenty twenty two counsel for President Trump spoke with Mr. Brak by phone. The first item he discusses was a message from President Trump to Attorney General Merrick Garland. President Trump said President Trump wants the attorney general to know that he’s been hearing from people all over the country about the raid. There’s one word to describe their mood. It is angry a heat is building up. The pressure is building up. Whatever I can do to take the heat down, to bring the pressure down, just let us know. Wow. How about that? No credit for that, of course, in addition, counsel for President Trump to ask Mr. Brat one to provide a copy of the affidavit to to agree to the appointment of a special master to protect the integrity of privileged documents. Three, to provide a detailed list of exactly what was taken from President Trump’s home and where it had been located in the mansion, and for to allow counsel to the president the ability to inspect what had been seized. Mr. Brak declined all four requests to end the call. Counsel for President Trump requested. I requested that all on the call keep the lines of communication open. Just hours after the August 11 telephone call, Attorney General Merrick Garland took the unusual step. I’m holding a press conference to deliver remarks regarding the search in Mar a Lago and the government’s motion to unseal the search warrant and receipt of the property. Mr. Galan made no mention of President Trump’s clear and unequivocal message to him. In fact, the government made no response at all to President Trump’s invitation to help reduce public consternation with the government after the raid. Instead, Merrick Garland stated in pertinent part. Just now, the Justice Department has filed a motion in, you know the rest. He then stated regarding the issuance and execution of the search warrant that he personally approved it and that the department doesn’t take such a decision lightly where possible, he quotes it is standard practice to seek less intrusive means as an alternative to a search. Chenda narrowly scop any search that is undertaken. This still interesting to you, Mr. Producer, very the public statement is deeply troubling, given that President Trump is the clear front runner in the 2024 Republican presidential primary in the twenty twenty four general election should he decide to run. The statement clearly suggests that the decision to raid Mar a Lago a mere 90 days before the 2022 midterm elections involve political calculations aimed at diminishing the leading voice in the Republican Party, President Trump. All facts laid out here and show that there was a complete cooperation between President Trump, his team and the appropriate agencies, Mr. Galan’s remarks straight from longstanding department policy. The decision by the attorney general to conduct a hasty, prepared, hastily prepared press conference to announce his intention to release the search warrant and receipt for property was an ill founded reaction to the public outcry that followed the raid on President Trump’s home. Now, when we come back, I will tell you what they argue, what it is that they are seeking, because if I don’t tell you, nobody will tell you. That’s the bottom line. I’ll be right back.

Hour 1 Segment 4

I saw my buddy Karl Rove on Trey Gowdy show last night to Burris. And they were talking about why are the Republican ratings not better, these different states and so well, candidate selection is number one because Carl is very tight with the establishment, as we know, and with McConnell. So they don’t like some of the candidates as if we had some rhinos and some of these states, as if they’d be ahead. But they wouldn’t be. And I want to talk about this later in the program. Just a difference of opinion in number two, all this focus on Trump taken away, you know, the the movement behind these Republicans, ladies and gentlemen. This is about tyranny. This is about freedom. This is about the Constitution. It’s not just some election or something you can blow off this war on Trump is led by the same people who are leading a war on our voting system. Who are leading a war on our Supreme Court? Our leading award on our history on our border. This is what I try to say, the Republican establishment. Nothing personal, they don’t get it. They don’t get it. Let me coin a phrase here right now, so you’ll hear it regurgitated on radio and TV, but let me coin it. We are in the midst of an American Cold War. We are in the midst of an American Cold War. Were the forces of liberty. Are defending themselves against the forces of tyranny. The latter of which is using the law, education, the media entertainment, open borders, the economy, taxes and regulations to crush and devour the former. This is an American Cold War. I don’t call it a civil war because it’s not an armed war. It is a cold war. That’s what’s taking place. And when you have politicians and operatives on the Republican side who don’t recognize it, it’s a huge problem. And when you have Republican politicians like McConnell and others who are actually giving aid and comfort to the wrong side of the Cold War, it is a huge problem. These are not normal times. These are not normal times. These are great times and everybody knows it. I can’t read all of this, but I’m trying to read the most important parts yet, the factual recitation in this motion. And I’m reading a code, much of which I wasn’t aware of and you weren’t aware of. Because of the media censorship. They say pride or any indictment in the availability of various grounds of suppression from evidence at trial, the mechanism that protects the rights of the individual from unreasonable searches and seizures is federal rule of criminal procedure 41 G. The rule specifically contemplates protecting the rights of citizens who have been agreed by an unlawful search and seizure. See, ladies and gentlemen, the Fourth Amendment is here to protect you. Search warrants are actually intended to protect you. With layers of protection. Even as the government is dug in against transparency in the instant matter, fighting release of the affidavit and claiming a redacted version would be worthless due to the need to hide the actual substance of the sworn statement, there are significant red flags that implicate Trump’s 4th Amendment rights and cry out for judicial intervention by way of special master monitoring and discovery assistance. Now, when we come back, I will finish up with my summation of what it is that they want. And why they want it, but there’s no question in my mind that Donald Trump citizen has been terribly aggrieved here and Donald Trump former president. Well, this is just absolutely unbelievable. And future potential candidate and president. This is third world stuff. This is horrific. We’ll be right back.