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♪ ♪ mark: hello america i am mark levin and this is life, liberty & levin saturday powerful show and superstar the house of representatives, and professor stephen calabrese, from northwestern university law school in one of the lawyers be on the challenge of jack smith the special counsel unconstitutional appointment will be really fantastic at and before you do that, what you something little bit differently tonight. at which go biden and orbiting of the day giving his speech and i was appalled obviously he said some very important things about his politicization on the 80th anniversary take a shot at donald trump trump actually lying about with donald trump said, in doing so very nasty way, and the negative thinking to myself, there is a man, standing at nobody, the day,

company standing it morgan state college in front of black male students are at howard, what is giving speeches generally stretching the united states and talking about how our history has been horrific and we do not have equality of opportunity. an effective never this been giving inspiring patriotic pro- american speech in his life. the speech that he gave it d-day were d-day accord become of them will never go down in history as it rate speech and only back and listened to president trump's speech of the 75th anniversary and it was hearing a beautiful. it was patriotic it as i went back in the listen the reagan speeches i think a magnificent speech in a beautiful speech, biden is not up to being president of the night 60s even worse letting the leader and he does represent the values and the belief system of the american people and he represent

take french radical group. in the negative thinking about bernie sanders than others and aoc and omar in that whole ilk and what they say about the american people in our country, and to think about the american immediate day in and day out with crt di, teresa the world of the jake tapper's of the world and so forth as it is so horrendous, the disconnect, between the american needed most of it, the disconnect between the disconnect between the democratic party, the president of the leadership, and we the people of america, kenobi bigger. i wanted you a little story and we were attacked at pearl harbor, three-minute that i know up with quickly to try to join the war effort coming to protect our country when at that my mother's father, grandfather as it was maurice rubin and he hated his name so he collects of ♪ he was 34 years old right of

the limited. any joined the marines. any phonic wall develop long brutal battle and went on from july 21st, till august 10th of 1944, was 2000 of her mental killed, there were 6000 wounded it, but that was nothing end of it. and he was in the fifth division of the marines. and this is his platoon. you can see the mid- in this platoon i think it was 13 if i recall. you can see him there and i want you to look at the picture the vast majority of those men died at iwo jima than to begin moment i want you to look at them if you do they sing fight entered like they are privilege addict what they are not privileged grandfather was born report. his parents came over from russia. with nothing. everything that he had a word for there was no welfare state. but he loved his country.

to the court and the battle at iwo jima, 6800 americans died of that island it in 19000 over 19000 casualties in the battle went on from february 19th to march 265 — six weeks and look at the casualties, there were more medal of honor recipients as a result of that engagement of 27 in any battle in american history from the fifth marine division of the division, other marine divisions, animals 2500 died and there were 6000 wounded. they sustain the heaviest loss losses. my grandfather was a patriot. when he came back, from that war, his hands shook. he lost his voice. any spoke like this the rest of his life read remember when i first met my grandfather committees about 6-foot 3 inches tall big man and even an amateur

boxer was a tough guy and remember he walked in the house the four big sticks along brown leather coat and a chihuahua in his pocket. [laughter] that he gave to the family a chihuahua puppy is a gift card that was my first memory of him. and of no white supremacist pretty any of the patriotic american. in the latter years of his life, he lived in quietly. diabetes, it is his foot removed and so forth and so on her stories are not unique and i want to tell you about another minute or family by the way is brother, his brother-in-law, sister's husband, named kevin at synthetic he joined the marines the same date, and he fought on the solomon violence, and the canal, and he was a big tough man with big hands and this what

i remember. and to tremendous patriots, tremendous patriots and there was my father, and am telling you this for a reason because american families all over this country have gone through the ups and american citizens, houthis and respected by their government and who deserve respect for the president. from there to have it for families it tapped over and over again and lies told about the projection of racism on top of them for the racism the biden family practice in the racism joe biden practice in the senate, and it had nothing to do with my father my grandfather my great uncle are my family, nothing. this on biden and on july 4th 1937, my father jack, then 12 years old, and a neighborhood but he walked it several miles from their homes, the parade route with the city philadelphia was already donations founding father route stretch from center city philadelphia, upper from independence hall come to the philadelphia art museum or sylvester stallone would make famous in the rocky movies, early 40 years later.

in a apply, father's attention, a civil war veteran and he said on the back of a four-door convertible, dressed in his all union uniform, including his campaign hat and behind him marched a small group of spanish american war veterans, but of all of the soldiers the veterans are merging vance my father sought that they come the union soldier so that camille jack had been somewhat about the civil war in school, saying the soldier in the flesh intrigued him and the soldier would become seared in my father's mind of the most costly war in american history, became real to and thus become a father's lifelong journey of self-education and patriotic preaching, about this great nation's history and founding principles and at a young age jack in an effort drawing from a designing and when he was 13 years old, he designed an automobile window and intervention for the contest that they were conducting in conjunction with the release of the movie young tom is income

starring mickey rooney remember the little triangle window, well and among others, that was his idea and he was one of only five winners citywide, and earned a trip to the 1939, new york world's fair in this had incredible impression on him and a 15, my father committed an idea with drawings for animating the story a christmas carol to the in california, the studio loved and asked that he provide more examples of his work including, numerous cartoon drawings which he did in the next contacted his parents announced that it would allow percentage points disney studios. well, they said they would provide them with dormitory state space in either facility what is working for them but his parents concern about his age, turned down the offer my father grew up during the great depression his family was very very poor and his father harry to part-time jobs when he can find them, and his mother sarah worked in his cigar factory in about a mile down from where

there were living jack was the oldest of four children. any boy and when he turned 16 years old, half of the school day you did, you would walk to the cigar factory, down the street where he worked until midnight and running the going rate of $17 a week on week as my father took freelance jobs furniture frame manufactured, sketching frames going to oppose herself as a chair said he was paid, $2 for a set of drawings and manufacturers salesman use the finished drawings with the customers he was later the japanese attacked pearl harbor and jack spend the summer working at the craps shipyard from the philadelphia shipyard, with the oldest destroyers and summaries but he wanted to do more for the war effort like somebody wonderful mentor that young time, my father decided to enlist in the armed forces and he wanted to be a cadet in the army air corps, which today we know the air force. jack was only 17, he was too young and so he security copy of his birth certificate from city hall, rubbed out the number five

in 1925, his birth year, any written for and just like that he reached the legal age requirement of 18. now if you pass a rigorous their core exam, he was in and cadets took the exam including students from the university of pennsylvania but only for paths, including my father not long thereafter, is my father was boarding a train to biloxi mississippi, for basic training, the soldier stopped him and told him the lt. wanted to see him of the cynically taken close of the birth certificate and asked jack how old he was objectively the truth. the ten at ten was not very happy with my father when he turned 18, he joined up in a week after, he turned 18 and he did well in their service, jack would use brief respites committed to rock tunes which were published in a variety of newspapers later joined the regular army, and in the infantry and it always bothered him, they never sent him overseas rate and when he was on

his deathbed, he called me over five and half years ago, it was just he and i in the hospital room. his body was a wreck with cancer. and he said you know mark, i know what god did not send me to europe in a supply get. and he sits organ have you and your mother and i could have you. my peers were great people. and as he was dying, he was trying to write another book. the declaration of independence and he wrote several books gettysburg address, second inaugural address, and installing to his children and influenced the of a this is what he drew, shortly before he passed away. i shorted before he passed away.

in the current president of the united states secretary of state, national security advisor, and the press secretary for the presbytery and for the secretary of state and they keep saying when it comes to his part from there is no victory right when they mean by victory, i'm a grandfather knew what victory meant. my great uncle knew what victory that my father knew it victory met it we know what victory means. when i listen to donald trump speech coming in and referencing of the concentration camps only listen to ronald reagan speech, any reference to the six jews had been slaughtered, i listen to joe biden speech and he never mentioned this ralph, no months. talk about trump, the naming him. any talk about ukraine, and i agree with him on ukraine. he is the one that's held back ukraine despite all the money spent, they have not but in the army mets, that they need to actually defeat some of these russian battalions. and is withheld the okay for

them to attack beyond a certain level of the europeans have been begging him. and he talks about democracy. but is in front of other groups and he talks about his hate for america. and you know who else know about victory, dwight eisenhower and harry truman, the new something about victory after close to i've years of fighting the in europe in general and eternal life on june 6, 1944, d-day of the set apart from the tightest turn, the freemen of the world are merging together to victory and i have full confidence in your courage, devotion, to duty skill and that will accept nothing less than victory also year after d-day president harry truman announced ve day of may 8th 1945 in which he said in part, this victory, we join in offering our thanks to the providence in which because guided and sustained us of the dark days of adversity rejoice

and sobered is subdued by the supreme consciousness of the terrible price that we have paid through the world of hitler, and his evil band and if i can give away simple watch for the coming months, the board is working, work, and more working we must work coveted finish the work in our victory is only half over but much remains to be done in the victory one in the west and is now being born in the east for the triumph of spirit in arms head of which we have wanted for his promise some of the peoples everywhere, who joined us and 11 freedom and it is fitting that we as a nation give thanks to almighty god and it was us and given us the victory, and i call upon the people of the united states, whatever their faith, to united offering joyful thanks to god for the victory. we have wanted to pray that he will support us, to the end of our present struggling and guide us into the way of peace and i also call upon my countrymen, to dedicate this day of prayer come to the memory of those given their lives to make possible our

victory. and he said also my personal appreciation of the suburban leadership, showing you and your commanders and directing the valiant leeches of her own country. and rallies and do this historic victory. every president has known what mean perhaps other than biden and obama in the victory, and israel right now is because i did is funding the enemy is preventing israel from winning. what is victory fiasco the reason ukrainians are now on their heels is not because of lack of money and arms coming it is because biden has held them back. any talking about russia any use that d-day speech. to lie about your political about it in front of the world, where all of those brave men are buried. that's phone place, on that solemn day, is disgusting.

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her uncle's unhappy. i'm sensing an underlying issue. it's t-mobile. it started when we tried to get him under a new plan. but they they unexpectedly unraveled their “price lock” guarantee. which has made him, a bit... unruly. you called yourself the “un-carrier”. you sing about “price lock” on those commercials. “the price lock, the price lock...” so, if you could change the price, change the name! it's not a lock, i know a lock. so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. >> sue and welcome back america, we have one of the superstars i think it republican party the house of representatives, and at east in it at least if republican conference chair,

she's on the house armed services committee, and nobody has question hostile witnesses like she does and i can tell you that, and is a pleasure to have you and i want to start with you, on this immigration issue joe biden was of the border, over 90 executive orders, only has to do is reverse them and we don't need a law in congress to me congresswoman the fellows existing immigration law, when we passed a law this is follow the law was joe biden done here. >> he has created the most catastrophic of border crisis innovations history and the american people know what is wavy look of the polling parking, is trump's pulling over 30 points ahead when he comes to handling up of border security and illegal immigration and house republicans passed the secure the border act, your ago, joe biden refused to support that bill in effect threatened to veto the bill and chuck schumer killed that builds those house republicans who have led legislatively to secure the border and it was joe biden who

months ago, said that he did not have the executive authority to fix this border crisis even though the market people know that it was his executive actions that created this border crisis as of this latest desperate executive orders that joe biden has put out, political desperation and is only further fuels the illegals able to cross both are southern in our northern boulder reporters phoenix unbelievable is in the the comes out of the sky smell in the media to run with it and likely going to say to joe biden is his bipartisan bill. i partisan bill, congress woman to think the three republican supported it is negotiated in secret. on the mitch mcconnell, voted against his own bill and what with the joe biden partisan bill with duncan illegal immigration. >> further fueled of the fire and had open up the floodgates for more illegal immigrants two-point in this country and it would not have ended catch and release them he would not reinstated remain in mexico policy, we help what is secure

border looks like helsley president trump's effective border security policies the most secure border in my lifetime and that's why house republicans opposed this pro- amnesty negotiation behind closed doors of the joe biden politically wanted to bail him out to cover up for this border crisis that he has created and of famer coming up onto the border for the southern and northern border center represent the temporal northern border, we've seen illegal crossings, skyrocketed or joe biden is failed leadership including those on the terror partially synthesis of national security prices and economic crisis, and is a constitutional crisis because if you do not have orders from you lose your sovereignty as a nation as of this is an issue house republicans avoided were not and would reelect president trump continue to grow the house republican majority the senate and we will make sure that in addition of trumps executive orders from the we get secure

the border step signed into law. mark: you know, some of the difficulty accusing the menino law i keep saying, the system is broken. first of all, what kind of law when they support, another would enshrine as you point out, open borders illegal immigration, slavery and could sold into slavery in the door-to-door darn thing about it in your — acer to think about number two, to make it count on the number of women were sold into slavery encounter the number of children now were sold to pornographers and we keep him, have any of this and i noticed that very interest of keeping count of goes on in the middle east the israelis and palestinians. do we keep count of the amount of may have in the anarchy and humanity going on in the southern border as a result of this president to make it gets worse even that which you think about it, divided department of homeland security, does not know and is awestruck of nearly

100,000 minors who are in slavery being human trafficked and humanitarian travesty and it is all joe biden's watch. he has created this border crisis lock stock and barrel. the american people point of pulled him accountable you are exactly right of the president trump executive order for you the most secure border in the northern and southern border in our nations history this life the bill that the house republicans vessel strong support despite a very slow majority, we passes secure the border act to enshrine those trump executive orders in the democrats cannot have it both ways. as a first joe biden have the executive authority then they put out a desperate executive order and it is offensive to the market people in the voters because they know the joe biden's executive actions underwent open of the border and is allowed catch and release, and has created this crisis transferring of illegals to places all across the country so it is not just the border states

and communities that are infected, it is every state is a border state in every community as a border community and is prices because of joe biden and president trump is going to secure the border come with the help of house republicans and senate republicans to provide safety flown at half a million foreigners in the country. and affirmatively he is has gotten them confronted into the country will move illusion pendant management will recent nothing has changed and that is the truth, nothing changeable we come back, what is it with joe biden in his hate pretty israelis in the state of israel. the few people to never speak to the net — there and what is it about him and his embrace of iran and funding the enemy and we will be right back.

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i'm john scott is now back to life, liberty & levin. >> c1 welcome back america, were here with the least release still phonic, and if i were

somebody who wanted to undermine israel, prevent them from winning a war and surely cannot survive the two state solution know the rest that would got joe biden's demand but what is this problem. >> will that is anti-semitism and that is a growing strain today's different party, that is not become a stream and is anti- israel every opportunity, joe biden has equivocated for la and turned his back on his route for adams honor to be invited by the speaker these really because the speaker robotic about to deliver remarks about the importance of the united states standing with israel and this the same week of the joe biden attempted and is still withholding military eight that congress passed in support of her most precious la the middle east, you have an administration that's obama, 2.0 prioritizing iran and hundred biting israel created chaos national security, threats or

the world because of joe biden's weakness on the world stage. mark: quickly, to your knowledge, you said in the armed services committee what is this administration pivoting run from getting a nuclear weapon and then we read the papers this is ministration is leaning on france and the uk. not to review give ron, for his nuclear program and when you make of that. >> what to make of it is a continuation of the obama administration including some of the same individuals who are at the table in terms of these discussions others working through european countries summative pave the way for iranian nuclear weapons capability remember back of this is the same administration in the same state department, that put out an official statement, the loss of the iranian president you what the iranian people who had been abused by the iranian president said the regime and they did not mourn the loss of the president yet this is the same administration who is turning their back on israel.

his obama 2.0 with failure and birth that to the historic achievements the middle east to president trump with received records or the recognizing jerusalem as the eternal capitol moving u.s. embassy there and we had peace in the middle east under president trump voters know they going to the polls is november c1 appointment quickly to another subject, this chamber that the placement headed. mark: and i believe you filed an ethics complaint against dissecting cho. >> yes multiple ethics complaints and this is shredding our democracy and the mainstream media depress accused of the right but it is really the depressed attacking our democracy and retake the judge into the near pay for this was like the case taken up by alvin bragg a corrupt prosecutor releasing by criminals on extremes is what we have five crisis in new york judge who donated to joe biden and his family members are profiting to

the tens of tens of millions of dollars and raising money for the rest like adam schiff and joe biden, because of this trial and so this is a political witchhunt, the jury shopped as well asking the members with a folded donald trump tells me that did the best that the fold invited the american people know that this was rigged from the start and is in the front to us president trump is correct the real verdict will be rendered is november on election day president trump wins overwhelmingly and i also think any of the fact that president trump is within six points have a traditionally blue state means that momentum is moving in our direction because people see this for what it is that they can go up to president trump on political opponents they can go after any american c1 just me speaking about i'm pleased is what i'm reading a newspaper some of that you are potentially under consideration is running mate to donald trump and i just think you are great and think you very much, keep up the fine

god flesh you my friend. >> thank you. mark: we wil why would i use kayak to compare hundreds of travel sites at once? i like to do things myself. i can't trust anything else to do the job right. kayak... aaaaaaaahhhh kayak. search one and done.

mark: welcome back america, wehs professor stephen calabrese, full disclosure, buddy of mine who work in the department of justice we work together he's gone on to greater things is a lot professor northwestern university. it is cochairman of the federalist society, former law clerk for justice seven in a long list here, visiting professor yelp and all that said, steve, you have filed with professor gary lawson, with former attorney general denise, and mike casey going challenge in the florida court, under the appointment because of the constitution and the appointment of jack smith. full disclosure, landmark legal finishing is as well unhuman

develop the credit goes to the president and the staff there what is it that you're telling the judge. steve: thank you so what we are telling the judges jack smith was unconstitutionally appointed. the justice department claims that he is what is called an inferior officer under the constitution. in the appointment because of article two, set the congress may by law thus the home point met of such inferior officers as they think proper, and the president alone in the course of law or in the heads of departments and we have reviewed the organic statutes of the justice department and of agriculture education, hhs, and transportation. it's quite clear from the statutes that congress has given

the secretary of agriculture, education and hhs, and transportation, the power to avoid inferior officers in congress has not by statute given the power to the attorney general worried and so jack smith is acting illegally, and everything that he is doing is no and void and has been all avoid since he was appointed, two years ago. and we think that judge elaine canada florida great hero anand a champion of the rolloff, one of the best federal district court judges in this country, should dismiss the indictment jack smith has brought against donald trump because jack smith was on constitutionally appointed. >> we know steve come of all of the people of the attorney general chosen, constitutionally, the goodby individuals already gone through the confirmation process of the

united states senate has compelled the appointments clause of the constitution is there for a reason. it would pick jack smith and somebody was a lawyer, who has not been approved by the senate invited the framers of the constitution when a role for congress specifically this tendency, and the appointment of these top powerful positions in the executive branch. steve: will market originally congress thought of giving the appointment and power to congress alone and only later undecided issuer between the president and the senate but they felt that it was crucial that there be a check on presidential appointment powers of the presidents notify people who bad moral character or tainted by nepotism or things of that point. in effect, under the constitution, the default method of appointment, is presidential nomination and senatorial confirmation. jack smith is not going through

that the provision for inferior officers, was added originally simply for clerks and people perform on policymaking jobs and of the course of her hundred 34 years of history, the number of principal officers who are nominated by the president and confirmed by the senate, has shrunk a number of inferior officers have grown vastly and actually the prosecutors, former attorney general of objects in a famous attorneys, emphasized why this is incredibly important with his accusers attorney general robert jackson went on to become supreme court justice robert jackson, nürnberg prosecutor, robert jackson, said because of the immense power to strike is citizens, not with me her usual strength, but with all the force of government and the

federal sphere, from the beginning, the safeguard presidential appointment confirmation of the senate has been imposed your this required to win an expression of confidence in your character about the legislative and executive branches of the government before assuming the awesome responsibility that federal prosecutor suet know when we return professor, my question to you is this, is not smith, the most powerful prosecutor right now on the face of the united states, with massive resources and massive personnel, massive authority involving the future election of this country and with these incredible constitutional issues that he is raising and if anybody should this individual have been facing a nomination

confirmation process, so somebody other than the attorney general of the united states at some of ability to oversee wittiest doing it we will be right back. some people just know that the best rate for you is a rate based on you, with allstate. because you... you are not doing this. save with drivewise and get a rate based on you. you're in good hands with allstate.

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mark: welcome back americaprofe3 u.s. attorneys, and is jack smith not more powerful, then any of the 93 u.s. attorneys who went to the confirmation process under the constitution. steve: he is more powerful than any of the three u.s. attorneys with the confirmation process under the constitution. and if the attorney general were

right, if he could appoint special counsel jack smith, he could appoint a special counsel in cook county illinois, to investigate corruption there in the senators from illinois would have no check on that. it appointed special counsel in baton rouge, louisiana, to investigate corruption and they would have no check on that there's a reason why the senate insisted on the check of senate confirmation of prosecutors and jack smith, has not been confirmed by the senate. mark: one after another subject we subject we do have a time that is the issue of a common-law or another method, for president trump and his attorneys to make a pathway to the supreme court steps and i will make it clear to them naysayers out there, we can't guarantee the supreme court will to get up and you can't guarantee the supreme court think of anything but even if you have a 10 percent chance and i think that there's bigger chance, the methodologies to do

it that are extraordinary under extraordinary circumstances human idea yourself. steve: i have a couple of ideas versatile trumps new york state convictions are completely unconstitutional and in violation of the first amendment protection of freedom of speech. the question is how to get that first amendment claim from a new york trial corporative the supreme court and a couple of ideas i want president trump is equal is: prohibition which is that old common law writ, whereby the court of kings mansion in england, took cases away from the jurisdiction of ecclesiastical courts and the court of equity when they were exercising it improperly and unlawfully. any of the trial court manhattan is unlawfully prosecuting trump for first amendment protected activities of this prohibition is one mechanism, and another mechanism is with the law of the

state courts and federal courts, to certify to one another, the federal questions or state questions that need to be answered. the state courts could certainly certified to the supreme court, the first amendment questions in this case. in the prosecutors could also divide the appeal intuitive feel the federal issues and ability state issues an appeal the federal issues more quickly smacking the other methods because i don't believe the prosecutors will do anything that would get it quickly to the supreme court however, there is also original jurisdiction of some of the republican attorney general of the state of new york. let me number of things and interference with their voters and interference with national election interference with federal campaign law that is a direct up to the supreme court but you mentioned the prohibition and there are several what we call common-law ritz prohibition, mandamus,

corpus and the point is, the point is, that there are avenues this is not a 70-yard pass, and if that court wasn't picking up somebody else to position and they took bush versus gore they hold the voting x-uppercase-letter taking place there. they permitted the state supreme court and going any further and they said that this is a presidential election we need to address this is a was like the court has not done something like this week before and i would argue this is much worse if they don't address it now, it will get much worse in the future, in 2020 agencies will be all three willing to do whatever they want is stephen calabrese, how i think you and you are a great patriot your brilliant lawyer for a professor and a dear friend and take care of yourself. steve: thank you market is going to be in show. mark: and we will be right back.

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to bottom. when i watched the last week at normandy, she's unbelievable. there is faulkner with her father, tracy simpson and vietnam, it brought tears to my eyes. he takes us was combat veteran in two theaters, is there anybody more decent pete hegseth as last week and others, who got to remind us, you sure are going to find it in the networks or read about it. the new york times and washington post, this is a very special place. i don't have to say this, i want to say this. twenty tomorrow on life, liberty and levin sunday when we have the governor of florida and america's wiseman, see you then.