On Thursday’s Mark Levin Show, the Democrats and the media are furious with a report from the special counsel about President Biden’s classified documents because it exposes Biden as a feeble old man with dementia who should be removed under the 25th Amendment. Biden was unable to remember key details and basic facts and had entirely forgotten that he was even Vice President for 8 years. At the same time, the Democrat party and the Biden regime are behind the push to apply the 14th Amendment to Donald Trump to disqualify him from the election. All Democrats care about is power, which is why they have hidden Biden as much as possible. The President is the Executive branch and has the power to declassify information, which is why the case against Trump is bogus. Trump could not have violated the Espionage Act, unlike Biden and Hillary Clinton who were not President and stole classified documents. The willful removal and disclosure of classified information falls directly into the Espionage Act, which is exactly what Biden did for 40 years, and stashed them in his garage. The fact is they threw the book at Trump who had the power to declassify, but they let Biden go free despite being guilty and caught red-handed because he’s old and feeble. Later, Mark speaks with Jim Trusty, former lawyer for Donald Trump, to discuss the special counsel report about Joe Biden’s mental capacity and their refusal to prosecute Biden despite being guilty with mountains of evidence.
Documented: Biden’s memory loss dates to 2015, 25th Amendment territory
Photo by MANDEL NGAN/AFP
The podcast for this show can be streamed or downloaded from the Audio Rewind page.
Rough transcription of Hour 1
Hello, America. Mark Levin here. Our number 87738138118773813811. Wow. You’re in exactly the right place at the right time. Section three, the 14th Amendment. You know what’s fascinating about this entire debate and here it is in front of the Supreme Court, it’s not like I hide my opinion. I millions and millions of you. Same with Fox, same on The Blaze. I specifically said on Fox, during life, liberty and love. And I have said behind this microphone. When Dear colleagues were dismissing the entire movement on Section 3/14 Amendment as an outlier. It’s no big deal, so forth. And so now they’re all experts on it that this needs to be blunted and needs to be stopped. Then I laid out the reasons for it. I’ve posted some of them. On our social media sites within the last hour. Laid out the case against the ballot removal arguments because I saw them coming from Laurence Tribe, Michael Luttig and other. Absolute unhinged, obsessed morons. Former circuit judge, former Harvard professor. And it needed to be addressed. So I addressed it. All these arguments you’re hearing now on TV and all these arguments you’re hearing from the justices and so forth, you’re familiar with all of them. Those of you who listen to this program, because we laid him out hook, line and sinker, sinker. Now this report comes out on Trump. So I’m thinking about this as I have in the past. Back in August of 2021, I made the case that Joe Biden should be removed under the 25th Amendment because of his dementia. I said it on Sean Hannity’s program. I said specifically on Fox. At the standards of the 25th Amendment were more than met. 4 p.m. today Eastern time. I posted it again that this report underscores that Joe Biden is an imbecile. I don’t say that in derogatory way. I say in a legal way he’s an imbecile. Special counsel, met with him for a few hours, interviewed him and concluded the same thing. He didn’t know when he was vice president or when the vice presidency. And it ended. He didn’t know what year his son passed away. The man is in stage five dementia. Has told you before there’s seven stages. He’s in stage five. So I posed that the 25th Amendment should be used. So one of our friends, one of our hosts, 2 hours later, so waves around the Constitution talks about the 25th Amendment. I don’t want a pat on the back. I’m just telling you folks, you’re in the right place at the right time. You’re in the right place at the right time. The next battle is going to be over Section four of the 14th Amendment. When it comes down to spending, we have fought that battle before and we will fight it again. And then suddenly everybody will find section for the 14th Amendment and debate it and litigate. What I do. Not just for a career. Is a study of this document. Like you have every damn word, every damn syllable. Not because I don’t know it, but because the enemies of this republic. Who have coalesced into the Democrat Party, who are trying to undo every syllable, every word, every sentence in the document. So we have to be prepared to defend it and not just come along as a legal analyst and start commenting on things that are happening. I’m telling you what they’re doing and that they’re coming. And that’s what they’re going to do. This 25th Amendment issue immediately came to my mind when I started reading this report. Now, what the prosecutor and his office have done is not find anything novel or new. But they have swagger. Because of who they are and what they are that others don’t. It’s now officially in a report sent to Congress, sent to the Department of Justice that the whole world can read. They went in and interview Joe Biden. And they had to come out of there stunned. They didn’t know when his vice presidency and he didn’t know when his son died. He couldn’t remember anything. Now some who play act that will be rope a dope, but that’s not rope a dope when you’re in stage five dimension. The Democrats today, the media today, same thing. They are very upset by this report. But you should be furious for several reasons. Number one. They have every intention of trying to nominate a man to the presidency who should be anywhere near the grounds of the White House. He is a sick man. Making life and death decisions for our country, for other countries like Israel. He is a sick man. And I said this to you either earlier this week or last week, and it’s not the first time the idea that his wife. The idea that his staff. The idea that his friends, the idea that the media and the Democrat Party and Joe Scarborough and his ilk will continue to promote this man, continue to try and protect him, continue to lie to their audiences, to their readers, to the American people. Oh, he’s sharp. He’s sharp as can be. The same way they lie about the border. The border is secure. Oh, it’s not secure. So it’s actually the fault of the Republicans. If they were just pass our law. The question I have for the rest of America, how much longer are you going to put up with this? The 25th Amendment. I want to congratulate those the host who. Who reads my site. They all should read it. Quite frankly. Here’s the 25th Amendment. Section one. In case of the removal the president from office or his death or resignation, the vice president shall become president. Section two. Whenever there is a vacancy in the office of the vice President, the President shall nominate a vice president who shall take office by confirmation by a majority vote of both houses of Congress. So Gerald Ford became president. Section three. Whenever the president transmits. So the president pro tem of the Senate and the Speaker of the House of Representatives has written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as acting President. Now, if Joe Biden were a patriot. If his wife was a loving wife and patriot, she would pressure him and he would. Tell the speaker of the House and the president pro tem of the Senate. That he’s unfit to serve. But he’s running for re-election. With the full support of his party in the media section for. Whenever the vice president this is important and a majority of either the principal officers of the executive departments or the cabinet secretaries. Or if such other body is, Congress may by law provide it is not transmit to the president pro tem of the Senate and the Speaker of the House. The written declaration that the president is unable to discharge the powers and duties of his office. The Vice President shall immediately assume the powers and duties of the office as acting President. Now one cabinet secretary has said so. The vice president hasn’t. And you have this Hollywood stick figure, gruesome news. Some is running around telling the American people Joe Biden is the smartest, swiftest, most accomplished president in American history. Because he is a lousy good friend, I think. Political hack. Every damn cabinet officer that serves this president knows exactly what’s going on, and the vice president does. Every media outlet knows exactly the same thing. Whenever the vice president, a majority of either the principal officers. So you need Kamala Harris in a majority of the cabinet. Thereafter, when the president transmits to the president pro tem of the Senate and the Speaker of the House, his written declaration that no inability exists. So the president says, wait a minute. I’m the brightest guy to ever serve here. In fact, I’m running for reelection despite the vice president and a majority of the Cabinet saying, I think we have a problem here. What happens? He also resumed the powers and duties of his office. Unless the vice president and a majority of either the principal officers of the executive departments, its vice president, a majority Cabinet. Transmit within four days to the president pro tem of the Senate. The Speaker of the House, their written declaration that the president is unable to discharge the powers and duties of his office. So the vice president, a majority of the cabinet. They tell the Senate president and they tell the speaker that this guy, he’s not cut that we’re sorry. I, Kamala, need to step in. I’ll deal with it in a minute. President says, Wait a minute. I’m quite capable of doing this job. I’ll send my own letter. Now. We’ve been impressed. That the vice president, a majority of the cabinet must yet again write the Senate president and the Speaker of the House say he’s wrong and they have to do it within four days. Of the president writing him. Their written declaration has to say the president is unable to discharge the powers and duties of his office. Thereupon, Congress shall decide the issue. Assembling with 48 hours for that purpose, if not in session, the Congress within 21 days after receipt of the letter written declaration, or if Congress is not in session within 21 days after Congress is required to assemble, determines by two thirds vote of both houses, the President is unable to discharge the powers and duties of his office. So it takes a two thirds vote of both houses. The Vice president shall continue to discharge the same as acting President. And if they fail, the president continues his duties. Follow that, Mr. Producer. But none of this has been triggered. None of it. So the 25th Amendment to the Democrats is a dead letter because all they care about is power. Power. This is why one of the lead slip and fall ambulance chasing lawyers. In this case for Joe Biden has said. It was inappropriate for the special counsel to make these remarks. No, it’s the most appropriate thing he could have done. Because Joe Biden has been hiding like a veal chef. No access to him. Media has no real access to him unless it’s a slobbering interview by Joe Scarborough or somebody like that. No questions, no speeches, no interviews unless the speech is written. It’s a friendly audience, mumbles through it and they laugh like clapping seal. We all know this to be true. All of us. And he’s doing very. Dangerous things. The open borders. Now he’s siding with Hamas against Israel. You know what he decided today? Blinken’s put it out. Kirby’s put it out. The spokes idiot at the Department of Defense have all said the same thing. Israel has one last section to defeat Hamas. It’s where the Hamas leaders are. It’s where the remaining Hamas terrorists are. They’re gearing up to take them on to destroy them. And Biden and Blinken give the order. No, we do not support you doing this. It’s come out of the Defense Department, the State Department, the National Security Council, the office of the White House, and everybody. Do not defeat Hamas. That’s what they’re saying. Today. Today. This document should trigger extensive discussion about the 25th Amendment. All over the country, all over the media. The host who waved it around today. I don’t expect him or her. I’m not going to defy the person. To explain where she or he originally saw it, but that’s okay. It needs to expand on talk radio on FOX. In any other legitimate news platform, of which there are very few. We’ll be right back.
And we look at the Espionage Act. And when you go through this report, it’s clear that Biden violated the Espionage Act for several reasons. Number one, when he was a senator and vice president, he was not president and he did not have the authority of the chief executive of the nation. The president of the United States is the executive branch. And I really get tired of all this mumbo jumbo about how he can’t declassify and if he’s leaving, the only reason there is any level of classification and declassification in the executive branch is because the president is the executive branch. Some underling at the Department of Defense or somebody at the CIA. They decide you can only declassify if these 17 steps are taken. These underlings do not have the power to usurp or trump the power of the president. I don’t believe the president can think that he’s declassified, but by his actions, he can declassify. So if he takes documents with him. If he takes documents with him as president when he’s leaving the presidency, I want to explore this further. Yes, they’re declassified.
The Espionage Act of 1917 and subsequent amendments. Cannot possibly apply to a sitting president. What do you mean, Mark? As I said before, as the head of the executive branch, there is no executive branch. But for the president, everything else flows from that period. Documents are created by the executive branch. That is, people under the president, just because we have two, two and a half million bureaucrats and endless alphabet soup of departments and agencies and so forth and so on. He’s the president. He’s the one who’s elected. He and the vice president, the only ones elected by all the people, at least for now. So he can’t violate the Espionage Act. The president cannot commit acts of espionage because he determines what is and is not espionage. They might say, well, what if he gives secrets to. Well, then you impeach him and removal. That’s what you do. That’s the way the Constitution is written, whether people like it or not. Period. Otherwise you have this anarchy that’s taking place. If the president doesn’t discern ultimately what is and is not classifiable, then who does the courts know? Congress? No. The Secretary of Widgets. No. Presidents in the Constitution. He’s the commander in chief. That’s the way it is. Unless you amend the Constitution, not by judicial fiat, not by statute, but by actual amendment. That’s number one Presidential records act as we go through this again. Was passed. I believe memory serves 1978, give or take. There’s no criminal provision in the Presidential Records Act. So the Espionage Act does not apply to the president. Presidential Records Act has no criminal provision. But Mark. Mark. Trump left office with classified documents. Okay, But he didn’t declassify them. How so? He didn’t go through the process. What process? But the process that’s in place by executive. The Constitution trumps everything. All the processes, all of it. And so when the president says, if I think it’s declassified, it’s declassified, what he’s trying to say there is. If I bring documents as president of the United States, not as a former president, going into the White House and taking documents as president of the United States. If I remove documents. I’m free to do so. Now, I’m not free to sell those documents to the enemy. Once I’m a private citizen, I’m not free to put them on the Internet. I’m not free to disclose them and all the rest because I don’t have the power of the presidency anymore. But the act as president with access to his documents created by his branch of government. Now, I don’t mean his personal documents, I mean his presidential documents. Is not in doubt. So the lawyers, of course, they try and come up with all these cockamamie arguments, some of the judges to do as well. It’s actually quite simple. It’s not complicated. They may not like the result, but who cares? Who the hell are they? Well, we want the documents back, dammit. Now, one of the reasons. That Hillary Clinton wasn’t charged and Joe Biden hasn’t been charged, even though they do not have the power of the presidency. They do not have the power to declassify. The vice president is not the head of the executive branch. The secretary of state is not. And yet both of them get a pass. On the issue of the substance. I’ll get to obstruction in a minute. On the substance. Both of them get a pass. Why? The Espionage Act does apply to the vice president. The Espionage Act does apply to the secretary of State. Why do they get a pass? Joe Biden, a senator, took their documents out of the skiff, folks. If the Espionage Act doesn’t apply to that, it doesn’t apply to anything related to Joe Biden or Hillary Clinton. He wrote notes in the margins on some of these documents. As somebody who worked eight years in the Reagan administration, including having a code black clearance. Those writings in the margin are also government property. It doesn’t matter. Once he’s caught, Joe Biden says, we cooperated fully. That’s not what the statute says. Says you’re not to do these things. Not that you cooperated fully once you were caught. So Joe Biden violated the Espionage Act. There’s no question about it. Hillary Clinton violated the Espionage Act, no question about it. But James Comey. A partisan hack, a slug. He said the gross negligence language in the statute really can’t apply. There needs to be specific intent. So right there at the podium, he rewrote the statute. So Hillary gets past Secretary of State Joe Biden. Now he’s president. He’s running for re-election. I think he knows he is. I’m not sure. Nonetheless, he gets a pass. So on the substance. On the substance of the Espionage Act. Hillary Clinton violated the Espionage Act. Joe Biden violated the Espionage Act. Donald Trump could not possibly violated the Espionage Act unless he sold or delivered information. That. Could endanger the nation. After he left the president’s. Now. National Archives goes to the White House. They say former President Trump took all these boxes. He violated the Espionage Act. We believe he violated the Presidential Records Act. We believe and they have to go to the White House in order to get the criminal division of the Department of Justice involved. The Department of Justice goes to the White House as well. And Biden and his lawyers give them the go ahead to criminalize the case. Long story short, because you know most of it. Well, they issue a subpoena for the records. They’re negotiating after all these months and they issue a subpoena. We want these records back, all of them classified and unclassified. Now they have a right to have the documents back. They do, unless they’re purely personal. They’re negotiating and then a month of silence. Because the U.S. attorney at that time. Who is a Democrat hack, as is his wife. Who wants to prosecute now people who are on the grounds of the Capitol building, even near the sidewalks in the streets. On January six, he’s made that announcement. Hence the baton to Mr. Smith, who is a complete rogue prosecutor. They basically cut off the negotiations. By not continuing them, they go to a Democrat grand jury. In Washington, D.C.. Now, keep in mind one other legal footnote. They’re in the wrong. Jurisdiction. The documents are in Florida. The issues that are raised by the government are in Florida. The SWAT team was in Florida. The warrant was directed at Florida Mar a Lago, but. What the hell? So he violates the. Long followed procedure at the Department of Justice, and he eventually moves it down to Florida in front of a real judge because he has his other judge in his back pocket very upset about this. Now that said. There was fighting infighting within the FBI where some of the more seasoned, experienced, lower level FBI officials said, why are we doing a warrant and a SWAT team? There are other ways to do it. Now, they were overruled. They were overruled. But the political F.B.I. leaders. By the Democrats. Bye, Mr. Smith. And so they did it. And why did they do all this? To set up an obstruction case, that’s why. So when you hear legal analysts on TV now saying, but this is different, we’ve got obstruction here, or when Bill Barr, you know, waddles into the green room and then into the studio and said, this is different, this is obstruction, You know, when you screw with the government, they’re going to screw back. And that’s very good legal analysis, just top shelf. But they set him up. Well, if Trump would only know, it’s not. If Trump would only I worked for an attorney general, had a conscious who was moral and ethical. This never would have happened under Edwin Meese. I can tell you what would have happened, would have picked up the phone and called. The president said, Look, I’m under pressure here. I need that stuff and I need it by this date. I need it now. We’re going to send people down there. We can do this quietly and get it back. We don’t want a constitutional confrontation. We don’t want to raise a bunch of litigation. There’s an election coming up for the sake of the country and all this is the way we’re going to handle it. That’s what my attorney general would have done. I know he would have done it. I was his chief of staff. But that’s not how Biden the boys do it, because they had already leaked to The New York Times. We’re tired of this ponderous attorney general like he’s a judge. We need somebody who’s going to take action. And so they did. Now back to this report. The report uses the word willful. Well, if it doesn’t state flat out certainly implies specific intent. When you willfully do something, you intend to do it. So we don’t need to split words here. Split hairs. So charges should have been pursued. Now, that doesn’t mean you don’t have an issue of whether you can indict a sitting president. Well, wouldn’t that be interesting? Take it to the same circuit they just told Trump, you don’t have immunity from actions you took as president after you leave the presidency. And by the way, man, you’ve got six days to make an appeal and don’t appeal to this court. You appeal to the Supreme Court. We’ve never seen anything like this before. You normally have 30 to 60 days. 30 to 60 days. To seek a full hearing by the full court, not just three judges. This panel said, no, you can’t even appeal to the full court and you have six days to appeal to the Supreme Court. Meanwhile, there’s Joe Biden. They don’t lay a finger on Hillary Clinton. They don’t lay a finger on her. They weren’t the time. They weren’t even president. They were named president. So I just point this out. About how outrageous this is. So on the one hand, the special counsel. Formalized enshrined the fact that Joe Biden is not fit to be president, period. Exactly what the 25th Amendment was adopted for. You know, Woodrow Wilson was president. He was a very crappy president. But in about the last two years of his life, he had suffered a massive stroke. He could barely communicate. So you know who ran the White House, Mr. Producer? You know who made the decisions for the country? His wife. She did. So who’s making the decisions for the country now? LEIGHTON Gentlemen, this is serious stuff. This is serious stuff. The man who’s running foreign policies, Blinken, is a traitor. He’s a traitor. And worse, he had a spy ring. An Iranian spy ring. Run it right under his nose. What did he know and when did he know it? And today he came out and endorsed Hamas and the terrorists, as did Kirby. Kirby is a phony admiral. Kerry never saw combat. He worked his way up the bureaucracy in Washington. He’s been a communications guy for most of his naval career. Oh, Admiral. He’s an admiral. You know, I’m a four star general, Mr. Producer. But more than that, they message the Department of Defense folks, Eddie Blinken, his own spokesman here, Kirby and other spokesmen, all these brilliant people who got our men and women murdered in Afghanistan and caused the death of three Americans. The three Americans. Most recently, they have told Israel, you are not to attack the Hangout, the last vestiges of Hamas where their leaders are. And Blinken is doing that because he met with the head of Qatar, another in bread, who’s trying to protect those leaders. I’m telling you. This is bad. The border decisions are not being made by Biden. They’re being made by extremist racists. Who believe America. Was founded by white European imperialists. How do I know? I read what they say. It’s in. The Democrat Party hates America more. When I return, I’ll be right back.
Next hour, we’re going to be discussing this Supreme Court argument and case, which was always a slam dunk against the enemy. Always. None of it ever made any sense. It was cobbled together. They got some friendly courts to hear it. They got sort of friendly secretaries of state of the Democrat controlled states decided, you know, we can do this, too. It just shows you how corrupt the Democrat Party is. It also shows you what kind of kooks support it. You have Michael Luttig, former federal judge. He’s completely unhinged. Now it’s time to go to a padded room next to Joe Biden. Then there’s Laurence Tribe, whose face is melting on TV right in front of our eyes. Another has been who doesn’t know when to hang it up. Nothing has been. He doesn’t know how to hang it up. All the questions that were asked by the justices were issues that we raised here months ago. Because it’s black and white. It’s simple. We’ll be right back.