On Wednesday's Mark Levin Show

[Ubiquitous]

On Wednesday’s Mark Levin Show, the Constitution leaves it to Congress
to sort out electoral college votes. It doesn’t leave it to the DOJ, a
special counsel, or a grand jury. Not once was a prosecutor involved.
Congress has the final determination. Yes, we’ve had contentious
presidential elections in the past and nobody was accused of
obstructing an election. In the past Democrats challenged elections by
trying to overturn slates of electors and were never accused of
obstructing an election. The Democrat Party has never accepted the
election of a Republican president, not since Richard Nixon. They spent
time trying to destroy every single one of them. Jack Smith has taken
federal law and twisted and expanded it. Smith, at the behest of
Merrick Garland, is seizing the electoral power from the American
people and Congress for themselves. They are seizing the power to
decide what will and will not fly in elections. Now Mike Pence, Chris
Christie, and Will Hurd stand with Jack Smith? They all agree that a
150-year-old statute to abolish the Klan was a good use of a criminal
charge against Donald Trump? Every count against Trump is bogus! Also,
Trump just happened to get the most radical, activist DC judge to
oversee his case. Judge Tanya Chutkan worked in the same law firm as
Hunter Biden when he was a lobbyist. She needs to recuse herself.
Later, Fitch is downgrading America’s long-term debt. This will have
tremendous negative consequences. This is from the Democrat party’s war
on the family and the economy. They are pushing us into a 3rd world
status. Finally, Caroline Glick calls in to discuss the fate of Israel
and Benjamin Netanyahu’s judicial overhaul.

RNC
12 MINUTES OF DEMOCRATS DENYING ELECTION RESULTS
https://gop.com/video/12-minutes-of-democrats-denying-election-results/

Red State
The Judge Assigned to Trump’s January 6th Indictment Is Going to Be a
Nightmare
https://www.reuters.com/markets/us/fitch-cuts-us-governments-aaa-
credit-rating-by-one-notch-2023-08-01/

Reuters
Fitch cuts US credit rating to AA+; Treasury calls it ‘arbitrary’
https://www.reuters.com/markets/us/fitch-cuts-us-governments-aaa-
credit-rating-by-one-notch-2023-08-01/

Daily Caller
Devon Archer Testimony ‘Opened The Door’ To FARA Case Against Joe
Biden, Comer Says
https://dailycaller.com/2023/08/01/devon-archer-hunter-biden-james-
comer-greg-kelly-newsmax/

Rough transcription of Hour 1

Segment 1
Hello America. Mark Levin here. Our number 877-381-3811. 877-381-
3811. America’s fiscal rating has been downgraded. I’ll get into that
later. All kinds of problems. Countries teetering on bankruptcy. Yet
here we are wrestling with the corrupt Democrat Party and media. I want
to start this evening’s program with a history lesson, a history lesson
that is unknown to everybody thus far who has spoken on TV and radio.
That is unknown, apparently to the prosecutors and that is unknown to
the Department of Justice are known but rejected. We’ve had contentious
presidential elections in the past. Which this Department of Injustice
and this prosecutor would say are efforts to overturn an election. Now,
let me be clear about a few things. The Constitution leaves it to
Congress and only Congress to sort out the Electoral College votes. It
doesn’t leave it to a Department of Justice. There was no Department of
Justice. It doesn’t leave it to a U.S. attorney or special counsel.
There were no U.S. attorneys for special counsel’s. It doesn’t leave it
to a grand jury or a trial jury or anybody else. Certainly doesn’t
leave it. Two inferior agencies of the federal government that didn’t
even exist. Congress has the final determination. In the first
instance, the states. Have the determination. In particular, the state
legislatures. I don’t care what the Supreme Court says or anybody else.
It’s in black and white in the Constitution. To the extent Madison
notes give us any guidelines, it’s there to. There’s nothing left for
interpretation. The election of 1800 and there are others. Thomas
Jefferson and his chosen vice presidential pick, Aaron Burr, tied for
first place. Because back then. Ballots were voted. Electors voted on a
president and vice president separately, even though they might be
running together. So tied for first place. The challenge to John Adams,
who was president at the time, 73 to 73, Aaron Burr and Thomas
Jefferson. Aaron Burr stabbed Jefferson in the back. But tied for first
place due to a communication error among Democratic Republican electors
or a burr led conspiracy, depending on whom you believe. So right
there, that would open up a federal investigation, a grand jury,
witnesses and all the rest. Of course, that didn’t happen. The election
went to the House of Representatives where it’s supposed to go.
Alexander Hamilton, who despised Jefferson. But hated BR even more.
Turn the tide by lobbying his fellow federalists to throw their support
to Jefferson after God knows how many throw six votes. 36 votes. So the
decision was made in the House of Representatives. President. President
Jefferson. That’s how he became president. Can you imagine the grand
jury investigation? 1824. These are all early in the republic. All four
candidates for president came from the same party, the Democratic
Republicans. Andrew Jackson, who was a hero of the war of 1812. He won
the popular vote by fewer than 39,000 ballots captured, 99 Electoral
College votes. Secretary of State John Quincy Adams took 84 Electoral
College votes. 41 went to Treasury Secretary William Crawford and 37 to
House Speaker Henry Clay. Since no candidate earned a majority of
electoral votes, the election again went to the House of
Representatives. The top three are to be considered. So Clay was
eliminated. But Clay still had his supporters. After a month of
backroom negotiations. Clay, who came in fourth, his supporters, most
of them through their weight behind Adams, enabling John Quincy Adams
to win the House vote. So when the House vote. Now, when Adams chose
Clay as his secretary of state soon after his inauguration, an enraged
Andrew Jackson called it a corrupt bargain that the entire election and
appointment of John Quincy Adams was corrupt. And he resigned his
Senate seat and he swore he would run for president again. And he did.
And he won. He was not accused of obstructing an election. Or anything
else, for that matter. 1860. That election wasn’t just contentious, a
toil, a nation apart. The Democrat Party. Chose. Abraham Lincoln’s
Illinois rival, Senator Stephen Douglas. The southern branch of the
party defected, choosing sitting Vice President John Breckinridge as
its candidate. John Bell of Tennessee rounded out the race on the
ticket of the new Constitutional Union Party. Lincoln won only 40% of
the popular vote, but took most of the electoral votes in the north,
along with California and Oregon. Breckinridge won the electoral votes
and most of the South, along with Maryland and Delaware. Bell won
Tennessee, Kentucky and Virginia, and Douglass won only Missouri
despite finishing second in the popular vote. Imagine all the chaos.
They gave us President Abraham Lincoln. Just weeks after Lincoln’s
victory with 40% of the vote. South Carolina voted to secede. They
thought Lincoln was an illegitimate president on top of everything
else. Six more Southern states followed, forming the Confederate States
of America February 1861, and they elected Jefferson Davis as their
president. I’m putting things in perspective for you. 1876. This was a
big deal. Listen carefully. Democratic governor of New York, Samuel
Tilden, won by 250,000 more ballots in the popular vote than his
Republican opponent, Rutherford Hayes. And snag 19 more Electoral
College votes. So the Democrat had a quarter of a million more votes
and 19 more Electoral College votes. Still, the Democrat Tilden was one
electoral votes short of the required majority, 185 and 20 votes
remained uncounted. Florida, Louisiana and South Carolina. We’re too
close to call. Each party accused the other of fraud. And in Oregon, an
elector was declared illegal and replaced with controversial results.
You’re one Electoral College vote away. And one of the people in Oregon
and elected there was declared illegal and replaced. As the crisis
mounted threats of another civil war. Another civil war loomed. What
happened? Congress established a 15 member commission of senators,
Congressman and Supreme Court justices, including seven Republicans,
seven Democrats, and an independent to decide the election. This is
something that Josh Hawley had thought about. In the 2020 election for
which he was viciously attacked after the swing vote turned in his
favor. Now one voter. Who had replaced the other one. Decided to
support Hayes, who had less votes. He was awarded all 20 electoral
College votes from two disputed states, giving him the necessary 185.
So this commission is set. The one controversial controversial elector
who replaced another in Oregon decides, I’m going to go for a raise.
This commission that had been set up by Congress, 15 members said,
okay, well. We’ll give you all 20. HAYES And there’s Tilden, who had
more Electoral College votes, a much more significant popular vote. He
loses. He loses. Well, the Democrats didn’t take the sitting down. They
threatened a filibuster and blocked the official voting count. And the
issue was settle the negotiation in Washington’s warmly hotel in
February 1877. The Democrats would accept Hayes’s victory, provided
Hayes removed all federal troops from the South. And you know what that
led to? The survival of the Ku Klux Klan after Ulysses s Grants and the
United States Army down there to wipe them out. And the reversal of
reconstruction. It effectively killed reconstruction. That was 1876.
What about 2000? Al Gore and George Bush. It all came down to the
outcome in Florida. Depending on how you count it, just a few hundred
votes separating the candidates in Florida. To determine who would be
president of the United States. Al Gore starts with the lawsuits. And
the lawsuits go back and forth. The recounts begin in full force. Chad,
hanging chads and on and on and on. Went on for a month and a week. The
state Supreme Court kept changing the rules to try and help. Al Gore.
Finally, the U.S. Supreme Court steps in. It says enough is enough.
Enough is enough. Bush, who won 30 states County, Florida, maintained a
razor thin five vote majority in the Electoral College. Up until that
time would be the first candidate in 112 years to win the presidency
without prevailing in the popular vote. 1876 election, several states
sent two sets of electors. I guess today it’s all fake electors. For
Congress to sort out not a grand jury. That wasn’t illegal. It wasn’t
unconstitutional. They weren’t fake. They were close races. They
weren’t resolved, at least to the belief of one party or the other.
Both sets are sent and Congress has to make the decision. 1962 slate of
electors was submitted by Hawaii. Because the election results first
went to Nixon and then went to Kennedy. So they sent both slates,
Republican and Democrat, to Congress, to sort out and you know who the
president of the. Of the joint session of Congress was back then
America. He was the vice president of the United States. You may have
heard of him, Richard Nixon. And Nixon sided with the Kennedy electors.
But they hate Nixon. Congressional Democrats have challenged the
elections. By trying to overturn. The selection of electors in several
states. They tried it in 2000, 2000 for 2016. To no avail because their
fellow members of. Congress stopped them. That’s how this is decided.
Vice President Pence today has got much more dramatic and animated,
hasn’t he? Donald Trump told him to reverse the course of the election.
Donald Trump told him not to count electors. Donald Trump told him
this. Donald Trump told him that. But Mike Pence withstood the
pressure. My God, He stood there and said no. So what? He’s not the
first. That’s his view. But I read the Constitution again today, as I
do almost every day. What authority does the vice president actually
have when it comes to disputes? The Constitution doesn’t tell us. So I
went to Madison’s notes. Mr. Constitution What do they say? Madison’s
notes don’t tell us. And yet, John Eastman and other lawyers who said
that the vice president has the power to send electors back to the
state or to wait on the process or to find out what’s going on or to
appoint a commission the way they had a commission in 1876. He’s a
kook. And all the other experts are right. To this day, we have no
idea. I’ll be right back.

Segment 2
There’s four counts in this indictment. Every one of them is bogus and
disgusting. Start from the bottom up count for 18 U.S.C. Section 241
Conspiracy against rates, you know, when this was passed. After the
Civil War, you know, what was applied to the Ku Klux Klan, preventing
black people from voting. It has absolutely nothing to do with what
took place. In this case. Let me go through the other three counts when
we return. It just shows you how pathetic this is. And. And Mike Pence
running around taking victory laps. Mike Pence softly small minded and
narrow thinking. This is war on our electoral process. This is a war on
the electoral system, not by Trump, but by the people. Mike Pence, who
now celebrating more when I return.

Segment 3
Mike Pence agrees that a 150 year old statute it was written to try and
abolish the Klan was a good use. Of a criminal charge against Donald
Trump. Then we have count to 18 U.S.C. Section 1512 K. Conspiracy to
obstruct an official proceeding. That was enacted in 2002. It was a
response to the Enron scandal. It’s been used against Jan six
protesters. It’s been very, very controversial. It’s highly disputed.
No case has yet gone in front of the Supreme Court on this. Why?
Because it dealt with financial obstruction and so forth. And so it has
nothing to do with what took place on January 6th. Then, of course, the
conspiracy to do it is count three with count one eight U.S.C. Section
371, cheating the government interfering with legitimate government
activity. Historically, this has been used in tax cases. Or misuse or
misapplication of federal moneys and that sort of thing. So it’s being
broadened to apply to January 6th. As I’ve explained behind this
microphone, day in and day out on live TV on my Sunday show, that now
even some of the legal analysts are pointing it out. This man. Jack the
Ripper. Samantha’s taken federal law and turned it on its head. He
twists it, He expands it. He’s been rejected by multiple juries. He was
rejected 8 to 0 by the U.S. Supreme Court and now Mike Pence. And Chris
Christie and somebody by the name of Will Hurt and Asa Hutchison stand
with Jack Smith. They stand with a prosecutor appointed by the attorney
general of the United States who has a record of abusing the law and
abusing authority. That’s who Mike Pence stands with. That’s who Chris
Christie stands with. That’s who will heard whatever his name is stands
with. That’s who Hutchinson stands with. This is an assault on our
democratic system, a thousand times worse than January 6th. Yes, the
imprimatur of official government action. With one party using a phony
special prosecutor who has essentially reconstructed his office into an
old prosecutor’s office. Under the Democrat Party. Under Eric Holder.
Under under Jim Comey. And they call it special counsel. Mike Pence is
more. Animated than I’ve ever seen him. Why? Because he’s desperate. He
may not even show up on the debate stage because nobody supporting him.
But he’s desperate. He’s showing a side of him that most of us never
saw before. He’s got a little elf whispering in his ear. Marc Short.
Who rode that coattails of Donald Trump into the White House while he
was sabotaging him. As for these lawyers. Who Mike Pence trashes
because he embraces the likes of Michael Luttig. I ask Mike Pence. I
ask Michael Luttig. I ask all the lawyers. On what basis? Can you say
what the vice president’s powers are or are not? In the United States
Constitution or in James Madison’s notes. Spit it out. I’m waiting to
hear. Not what you think. But what is in fact. The Constitution. And
the answer is nobody knows. Because it was never discussed. That’s the
answer. Well, Mark, you know, there was a statute I don’t want to hear
anymore from the former federal prosecutors. They’ve been wrong enough.
I don’t care about the statute. I’m asking about the Constitution. But
even that doesn’t matter. This matter was resolved. It was resolved by
Congress. It was resolved by Pence, whether you like it or not. It was
resolved not by grand juries. Looking at 2020 hindsight on what they
think should have occurred. At the prodding of a prosecutor like Jack
Smith. These matters cannot be decided. By prosecutors and the
Department of Justice. What are the rules? As I told my friend Brett
Baer yesterday, what are the rules? Who decides the rules? Who enforces
the rules? When is lobbying a legislature? Okay. When is sending a
second set of electors, as has been done in American history? Okay. Or
is it never okay? You’re indicting lawyers. Based on advice they gave
the president of the United States. Because people disagree with their
advice. You’re indicting lawyers. For the advice they give. You’re
inviting a former president for exercising his free speech rights. And
one side of the indictment, it says. Trump knew what he was saying was
false. If that’s the case, Joe Biden should be doing 10,000 years in
prison. But Trump knew what he was saying was false. And yet they
indict the lawyers who were advising Trump whose advice that he
followed. How do you improve both of those points, Mr. Bridges? This is
an attack on the First Amendment. This is an attack on our electoral
system. What you’re seeing here. Let me put it in plain English. Let me
educate the former federal prosecutors and the professors. Jack Smith,
at the behest of Merrick Garland, are seizing the electoral power from
the American people and Congress for themselves. They are seizing the
power. They decide what will and will not fly in elections. I gave you
the history of some of the most contentious elections. Not once was
there a prosecutor involved. Not once was the Department of Justice
involved when there was a Department of Justice. Let alone subpoenas.
Indictments. Conspiracies and all the rest. This is the most.
Aggressive, in-your-face. Bald faced attack on the American electoral
system ever. Ever even worse than 1860. Even worse than 1876. It is the
most grotesque. Power grab. By a Democrat Party in control of federal
law enforcement that one can ever imagine. And I love it. Now, when the
hosts, including some who are friends of mine, they go on TV and they
say this is the third set of indictments against Donald Trump. Are you
kidding me? Alan Bragg’s the first. Didn’t everybody say he and that is
a joke and they act like it’s legit, a serious prosecutor. Then this
one, Jan said, This is the most disgusting thing I’ve read. And then we
have the legal analyst saying, unlike the documents case, that’s a
serious set of indictments. Very, very serious. It is. Well, there are
numerous motions. If Judge Canon is an honest judge, intellectually
honest. That should sink that ship and fairly easily. When you bring a
grand jury set of indictments in the wrong venue and do it purposely in
order to get that series of indictments against a former president and
a Republican nominee, a potential nominee for president. That should
require a complete dismissal of all those indictments. Why do you think
he added three or four more afterwards? He knows I’m right. He saw me
on Fox. Those bastards know I’m right. Next motion. That was a general
warrant. In complete violation of the clause in the Constitution.
Probable cause and so forth. It wasn’t just specific room with specific
boxes. It was sort of or anything kind of around there. It’s okay. You
can’t do that in a warrant where all the former federal prosecutors on
that one. Amazing, isn’t it? What about one of the top litigators? In
the case is accused of extortion. I’m telling the lawyer for the co-
defendant. You know that judgeship here you’re aiming towards. I’m sure
it would be very propitious for you if you could get your your client
to turn on Trump. That’s extortion. It’s being investigated in secret.
I got one more. Maybe. Maybe Mike Pence thinks it’s okay when you’re
charged. To pierce attorney client privilege. I don’t know. Mike Pence
was pretty sloppy with his classified documents, but he self-righteous,
you see. Man of deep faith. God tells them what to do, unlike Trump.
And so what’s happening? Tyranny, client privilege, and what should
each to think of in your own case? If a contract or business dispute
you be involved in, it is a terrible divorce, whatever the case may be.
Maybe some of you are former felons. You’ve served your time. Maybe
some of you are under investigation today. Maybe some of you are facing
an IRS audit. And what if they could all say all these government
entities, you know, crime fraud, exception, Judge? We want to know what
that person discussed with their lawyer. We want their notes. We want
their texts. We want their emails. Well, you better have some real
crime fraud exception for that to happen today, because you can’t have
a fair trial. When the government. Use his your lawyer to testify
against you. And yet that’s exactly what happened to Donald Trump in
the documents case. So there’s four areas. Four. And there’s more. So
when these legal analysts and their ilk go on TV, but you know that
documents the case, that’s a very, very serious matter. It’s serious
because of the abuse of power by the prosecution. And don’t even get me
started. The Presidential Records Act. It’s not even mentioned. And
yet, if Donald Trump relied on the Presidential Records Act, even
putting aside his belief that he could declassify it will which he can
put that aside. If he believed under the Presidential Records Act that
he had the right to take with him whatever he wished. And they keep it.
That’s not a crime. That’s not a crime. So Mike Pence is at 1% or less,
is being quoted all over. Fox is being quoted all over the radical left
media. He’s being used as the foil that he wanted to be used for. And
you know what that means? He just destroyed his career because he’s not
doing it out of integrity. He’s not doing it out of principle. He’s
just doing it now. Where has he been if this is really the way he felt?
I’ll be right back.

Segment 4
Donald Trump had to know he was lying, says the indictment, had to know
he was lying to the American people and their state legislators. First
of all, let’s pretend that that’s correct. So what? What does that
prove? What the hell is this? What is this? And go down the list of the
Democrats who were lying about past election. You don’t criminalize
these things. So you have these disgusting, exploitative opportunists
on the Democrat Party side, on the Republican side. You’ve got Mike
Pence, Chris Christie. Isa Hutchison, Will Hurd, half of them, maybe
three out of the four, can’t even get enough support to be in the on
the debate stage. You don’t need a lot, you know. Shameful, absolutely
shameful. What’s being done to this country in our electoral system.
Just disgusting. You see? Ladies and gentlemen, we’ve reached a point
in this country where the totalitarians are making their move. That is,
the Democrat Party and their Marxists are making their move. This is a
revolution. And we have a lot of suckers in the Republican Party who
think that by. Giving aid and comfort to that revolution, that somehow
they’ll be drawing your attention and your support. Or maybe the people
who write the history books. Well, pat them on the head. Or maybe they
actually believe they’re righteous. When in fact they’re the opposite.
These truly are the times. The times that test men sold. Whether you’re
a patriot who loves this country or it doesn’t, we are staring this
tyranny straight in the eye. And then we have the quislings stabbing us
in the back. Well, we’re trying to fend off what’s in front of us. They
won’t be forgotten either. They won’t be forgotten either. The document
charges are ridiculous. They wouldn’t have been brought by any other
prosecutor, by any other administration against any other former
president. The interference in this election is beyond grotesque, and
it is constant in its ongoing. I don’t care if it backfires or not.
It’s 100% inappropriate. Unconstitutional. Then they dropped this. Four
charges against. Against Donald Trump charges that you can concoct
against anybody. And what happens? These Stalinist tactics are used.
And people who you even thought you knew expose their inner soul. It’s
very dark. Very dark. That’s what’s going on in your country this
evening. The media are corrupt. Because they are the state media. By
state media, I mean the Democrat Party media, the Democrat Party is
leading this revolution. Every part of it, every Marxist force within
it. I’ll be right back.