rescue of those in gaza he sent us a statement we are very happy poor of our captives were rescued by the idf. but we must remember the job is not done. we are still missing 120 hostages we need to bring back home fast. we continue to call upon the international community until all of our families are back home but we think a first time for a quick note my podcast is outliving the bremen this morning i sat down at tonya sheet one to give hope to students on the auburn campus where her husband is a basketball coach. it led to a gathering started revival on numerous campuses across the south. what how it happened where they're going next rate living in the bremen anywhere you get your podcast for that is it, thank you for joining us. i am shannon bream. have a wonderful week and we will see you nex ♪ ♪ ♪ ♪

♪. mark: hello america i am mark levin and this is "life, liberty & levin" sunday. powerful gas for your we have america's governor, florida governor desantis. of america's a wiseman victor davis hanson will be joining us shortly. i've always said you're the smartest of all audiences, why? we get into things others are not going to get into and other networks and self. i do not do the fan dancing and everything else to grab your attention. substance, intelligence, that is what i do here. we are going to need that today, right now. going to explain something to you. not enough attention is given to what happened manhattan case. the options for donald trump and the american people's in that

case's decision i'm very frustrated with lawyers who come on tv will heard or read articles that basically says donald trump is stuck in that new york judicial gulags. he is not paid in very troubled by it lawyers who do not do their research. who do not look at the precedent that is in front of us. for the opportunities for president trump and his lawyers to try to get out of what is the new york judicial gulags. there are certain rents we've talked about before the supreme court can issue but it has to be asked. if it is not asked us not going to do a thing. it does not have original jurisdiction we do not have a court system like they have in israel and other places that can see something in separate going get involved in that, that's not the way it works and we do not want it to work that way we do not want a super legislature for the court system in this country

is bad enough quite frankly. so what do we do? what to walk through this slowly so even the lawyers on msnbc and cnn can understand although i don't think they care but we do. the american people. you have in this case, apart from all the local issues and all of the rest issues involving federal election law. issues involving presidential election the highest of federal official in the nation being chosen. you have federal constitutional issues, first amendment, free speech the gag order yes but even more than that the idea a nondisclosure agreement violates campaign laws is not only falls on the law but that would violate the first amendment. the fifth amendment, due process and equal protection rights also conveyed on the states by the 14th amendment as they were

ratified that amendment after the civil war the sixth amendment you have a right to counsel the canc cancel cannot e competent when they're endlessly being interrupted, sabotage cannot call proper witnesses, do not have notice of what laws are involved and so forth and so on. then you have facts. facts that suggest the timing of the case after the federal authorities rejected it, and local authorities rejected at this case was brought for the purpose of interfering in eight federitfederal election. a federal campaign. in usurping federal authority. it was timed in order to create a very convoluted, slow appellate process within the state. so major issues could not be resolved because the proper length of the appellate court before the election. so this is an ongoing violation. now the question is whether donald trump will have to wear

an ankle brace for that they'll have to get permission from a probation officer every time he travels to a state. whether his sentencings will be stayed in on and on and on. we are all waiting around for politically democrat judges to make decisions that belong in the federal government. this is fundamental. it is not just one instance these are multiple federal constitution and legal issues. they cannot be resolved by the state of new york. must be resolved at the federal level. must be resolved at the federal level the issues are compelling, they are overwhelming for this election in future elections for this republic how we elect presidents and for our electoral system. there has ever been a case that the supreme court should take up and argue would take up it is this case. it checks off all of the

unconstitutional and unlawful activities that would trigger supreme court intervention. now i cannot predict that in advance the basic pushback i get from some of the lawyers who do not understand what they are saying is the court is not going to take it up. how do they know? the court took up bush versus gore. bush and cheney campaign or not waiting around for a final decision by the florida supreme court. said while i supreme court will not take up the case, they took that case to the supreme court but they were not even sure how to characterize their case as an emergency appeal the court accepted as written it does not matter. on december 84 -- 3 decision florida supreme court ordered immediate manual recounts up over votes for the office of president and all county were such recounts had not already taken place they were changing state election law.

there were chair picking counties out help gore and the bush campaign petition the u.s. supreme court for first day ofe recount order which was granted on december 9 treating the petition as it former request for review. the court agreed to take up the case bush versus gore. the florida supreme court was out of control for their interfering with the eventual electoral count in florida brother trying to deliver the race to gore. the justices, among other things, their flesh and blood. they are human beings for the shower like we did with the eat like we did they do other things like we do and they see what is taking place they saw this court was out of control changing election loss to advantage outdoor the supreme court knew it. oral argument december 11 bush's legal team asserted the florida supreme court exceeded its authority by ordering the manual recount under votes on gore's team contend the case having already been decided at the state level was not a matter for consideration at the federal

level. in a ruling issued the following day the court found seven -- two due to inconsistencies and minute recounting methods the status of jim florida counting florida court order of a mental recount a mandatory violation of equal protection clause in the 14th amendment. by a smaller majority five -- for the court also ruled note new recount could take place because none can be finished by the safe harbor deadline the date set by federal law by which states were required to resolve any disputes regarding the selection of presidential electors in order to guarantee their final determination quote shall be conclusive and shall govern in the counting of electoral votes is provided in the constitution unquote the extent to which the court went. the stop the florida court was doing to stop that recount in the middle of the recount. to say that is unknown if your deadline has been met that is the end of it. in florida.

it is far more extraordinary, far more extraordinary than anything donald trump and his lawyers to be asking the supreme court to do, why? these are federal law, federal constitutional violations. federal jurisdictional violations. by an acting state judge and a prosecutor, by two people. and it is ongoing. sentencing and other issues have to be decided by the local judge. and then the appellate level on the level after that but this is an ongoing violation. it does not matter wit what the final court has to say. again if i'm donald trump's lawyers i go through that process. but you go to the supreme court of the united states now how do we get to the supreme court of the united states? this is where people get bogged down. the art rithe art writs and com.

and it really does not matter which you follow here is a piece by former attorney general griffin bell would later become attorney general under jimmy carter. the southern methodist university la law school law rew the fellow appellate courts and it discusses what common law are a discusses it in the context of a specific statute that was passed as part of the original judiciary act in 1789. about to get in the weeds, we are smart and can follow this. the preemptory common law writs are among the most potent weapons and the judicial arsenal. common law writs are used, they are rare use more and more than the federal chain of courts. so, what does he say here? the basis for general judicial supervision over inferior courts

if you are a federal court your extraordinary preemptory writs can be found and early, and allow the alt writs act as a direct descendent of the judiciary act of 1789. other than the supreme court which is created by the constitution everything else is created by congress but all of the other courts, the number of courts, how many justices are on the supreme court granted federal courts the power to issue extraordinary writs in aid of their respective jurisdictions for it while it is clear the all writs act authorizes the issuance of traditional, not writs of prohibitions the phrase all writs encompasses common law injunction subpoenas. do not worry about all of that. what that really means is there are many ways of characterizing this direct appeal to the supreme court and relaying the facts and what is taking place under the law to the court. in fact you can use multiple requests it says choosing the

correct to obtain the desired relief is no longer necessary in the federal courts, different may be sought alternatively or cumulatively. the choice is not unimportant these subtle distinctions among the various have no effect on the relatively usefulness as vehicles for review. we are not seeking until lockard tory review at the federal level but in effect we are of the state courts activities. hello count before you finish on the estate side we have big questions at the supreme court needs to answer. the jurisdictional pre-requisite for application of the art writs act is simply it beat necessarily appropriate in aid to the jurisdiction of the issuing court the supreme court the company explain the power of the courts of appeals under the act quote the question of negative powers long been settled by this court presents a courts of appeals could at some stage of the proceedings entertain these cases the power and proper circumstance to

reaching them. this is an expression of prospective or concurrent appellate jurisdiction, the power of the courts of appeals is not limited to cases where an appeal has already been filed. rather this power of review extends to all proceedings for the actions of the trial judge at some future stage of that litigation may be reviewable parade that applies to the federal chain but as i explained here, we have violations of federal law, federal constitutional provisions by a state court. now the supreme court, the federal government ever get involved in state court decisions? or state law decisions or state regulatory decisions? you better believe it. they are things called express federal which is what we have here federal constitution, federal due process rights. equal protection rights under the constitution applies to the

state. federal jurisdiction under the federal election law under a presidential election and i can go on and on and on you have implied federal preemption. you have the states that are obstructing federal preemption of this litigation of presidential activities taken place before it gives the supreme court jurisdiction a states cannot regulate congress which is what it is doing and that court when it takes over authority for determining what a federal election violation is. that is important. the equal protection clause or the due process clause or the first amendment free speech clause about a nondisclosure agreement. federal court started with the supreme court of intervene in state actions before the civil rights issue, death penalty issues, bush versus gore a presidential election issue. you have federal jurisdiction

issues and how are they used? the supremacy clause tha of uc commerce clause that necessary because when it comes to regulating federal elections, especially presidential election congress has exclusive plenary power the supreme court has overall authority. you have an extraordinary radical extreme multitudinous case of a violation of federal law. whether it is substantive. whether it is processed. whether it is jurisdiction, this is the case. mia's is at first out of the gate i would file comment lot writs for a writs of prohibition that extremes a body exercising public power from exceeding its powers. it does not have it seems like this. you can file a writ of mandamus ordering a lower court to state their action while the court considers it. it might go if they writ a us or

see your itchy argo and there's a statutory basis it does not matter. you have got to take it to the door of the supreme court they will decide whether to take it or not and if they don't, shame on them. because if there is ever a basis for what we call a common law writ, it is this. they do not take it in the trump case they will have to take it in the future because these dark blue states are not going to stop unless they are stopped. when i com

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there's a smarter way to save. comcast business mobile. you could save up to 70% on your wireless bill. so you don't have to compromise. powering smarter savings. powering possibilities. mark: welcome back america. america's governor, governor ron desantis. welcome. governor, if member of the house he been a governor for a while now you are considered a very, very successful governor. you look at joe biden. he has executive order he puts out he says i'm going to fix the border. he destroyed the border. he signed over 90 executive orders and now he signed another executive order. we hear nothing is changing on the border. he not only violates the take care because of the constitution were it not only violates

multiple parts of federal immigration law he lies, and lies and lies to the american people more that michael cohen. what do you make of this? ask mark when you're in the position of executive responsibility sometimes bad things may happen that are not your fault for their sometimes bad things are happening if you would have had some foresight you could have headed it off and then there are things that are the sins of omission. the border is a sin of commission by joe biden. he overturned the trump policies that is what has caused the crisis this did not just happen out of thin air it was manufactured and engineered by joe biden. the policy consequences have been disastrous you have highlighted people, i have highlighted people who have lost loved ones for criminal aliens coming in we know what's happening with human trafficking we do with the cartels are doing. then of course that just the

sheer number of people you have a liberal jurisdictions but in the interest of illegal aliens over their own people which is outrageous. then you have the constitutional question that you cite. when you put your left hand on the bible and raise your right hand to take the presidential oath you are taking an oath to take care of the laws be faithfully executed. joe biden has systematically violated that oath. he has not lived up to the office of president duty to make sure our laws are enforced and even doubly so as commander-in-chief he has a responsibility to ensure and enforce the sovereignty of our country and he has not done that. and they have lied and 10, 20, how many millions of people it is had negative consequences on american society and in our country and in our sovereignty. then they're going to want to try to pull over the wolves over people eyes sink he is the one doing something for the border.

he's going to blame the republicans and congress but the republicans in congress have made mistakes. i think they should have attached the border to all of these appropriations they refuse to do it. but the bottom line is this executive order is windowdressing it is a farce. you and i both know the corporate media's going to run interference for him on this for the rest of the election are going to try to act like the border is taken care of they're going to try to act like he solved the problem. first of all that is not true. second of all whatever happens between now and the election the day after the election he's going to open it back up again. we know that is going to happen it's really up to the american people at this point to put a stop to it. mark: you know joe biden likes accusing president trump of being a dictator, when to put people in prison. that sounds like projection, doesn't it? and on top of that he lies about

so much. for instance he supreme court of the united states twice ruled against him. he has defied the courts, the fight a supreme court to supreme court rulings was talk about democracy and the constitution and the rule of law. then he lies and says effectively trump is going to do what he does. what do you say to this a president who is defying the supreme court who defies immigration laws? in fact defies a lot of laws when it comes to this country. what do you say to him? once you have two things one is, you are right this guy is a serial liar. on all host of issues on the border, on the student loans, even minor things he is constantly doing it. the difference is when donald trump was a president he would've said something with her, out of place you'd have 10 quote unquote fact checker from corporate media organizations trying to say that's not true

they would do all this and spin this all up there with biden these guys have gone on three anand a half year vacation they basically let him do all of this stuff very rarely is he held accountable. often times an indirect await with just friendly fire. from the whole corporate press you have a president who lies constantly have a president who is not up to the job that is not something they don't want to talk about but on the constitutional question ease in violating the constitution with the student loan gambit. they had the statute on the books for 20 years and all of the sudden that can be used to have taxpayers bail o of bail ot people with student loans? if eight truck driver is taxed to be able to pick up the student loan of somebody who got a degree in gender studies, that is wrong but it's also not legal. he has not gotten congress to enact that policy do you know

why? if congress voted to enact that policy a lot of them will get voted out of office is not with the american people want. he's a flouting the law in a number of different ways. one of the things that is frustrating is there's a lot of people who are apathetic out there about all of this and i do not think there is sufficient outrage and ho at how he has cod himself in

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"life, liberty & levin." ♪.

mark: welcome back america with america's governor, governor desantis. is joe biden at war with working-class americans, with the middle class in this country? >> one 100%. think about when he came into office, what did he do? an unprecedented spending spree that is spark the worst inflation we have seen in the last 40 years. he pulls at grocery bills have gone up 50, 60, 70, one 100% since he has been president. their wages have not gone up that much. he also came in and tried to force covid vacs and mandates on people threatening truck drivers with losing their job and other blue-collar people he has allowed the open border and people working some of these states illegally that is depressing wages from working people. then of course if you look at his overall approach to energy

policy, he is putting climate ideology over bread and butter economics for the american people. he wants you to pay more for gas pretty want you to pay more for electricity and he wants you to pay more for automobiles. mark, most people do not want an electric vehicle but most people cannot afford an electric vehicle and yet he wants to plunge us in that area. it has been a frontal assault on the middle class, on working people all in service of this bankrupt ideology and by the way, a lot of the big city mayors and prosecutors deserve a lot of the blame for the crime. but biden is right in there with them on wanting to put people back on the streets he supports eliminating cash bail he supports the soros funded prosecutors acoffendedprosecutoy and incidentally, in florida we

had two of them here one in tampa, one in orlando i removed both of them from their post. they are gone because they put their ideology and their political agenda over their duty to enforce the law. tampa people in their jurisdictions at risk. we are not standing for that in the state of florida. biden was to facilitate that all across this country. >> in fact you were sued when you fired that prosecutor and you won in court the other day. this is what i mean conservatives need to take risks i do not mean or reckless risks they need to follow their principles and take them through action. this is the one of the things you've been doing as governor over, and over, and over again it's not enough to whine and complain and wring their hands sand we are in positions of powr we have to do things people look at your experience in your success as governor, this is what it is about i promise this, these are my principles i am

implementing it we will duke it out if we are sued. let me ask you this, why does joe biden hate the state of israel? that is my view and hate the prime minister of israel he never talks down the fascist fundamentalists that run ironic. never talks about president xi and a negative way i don't think he needs knows how to spell kim jon owens name in north korea so it's a relentless war against the israeli, the idf against trent one. what is his problem? what sees a puppet to the far left in this country. he does not want to offend the far left tease virt he's virtueg to them. those of pro- hamas people at columbia and harvard aren't taking over the campus for their taking over offices. that is joe biden's base. he's got to cater to them by attacking israel the pro- hamas people, their anti- semitic, anti- israel and that is what joe biden has reduced himself to

comment to virtue signal being anti- israel all in the service of trying to scrape up votes among the far left fringes in this country. but what he is doing is not serving america's interest. israel is the only ally in the middle east that we can depend on through thick and thin. they're the only country in the middle east that reflects western values and american values. and benjamin netanyahu has been a tremendous friend to the united states. this is rooted in the biden's ideology and in his weakness as a leader he is sick cow child to some of the craziest moms this country has seen in quite some time. mark: governor, one last question. even that you and in europe has condemned iran for pushing out inspectors because iran is on the precipice of having a nuclear weapon. the biden administration was lobbing france, britain and

germany not to rebuke them. they finally voted for it was prolonged of those countries wanted to do it in september. i run as going to get a nuke on his watch because he's not doing the thing to stop them. >> this is so bizarre obama was the same way and the obama nuclear deal was a total disaster donald trump came in and turn the screws on the iranian regime and that worked the room she on its heels they did not have cash coming in. they could not do a weapon they did not have the wherewithal to do it. biden comes out, floods them with cash their funding terrorism all across the middle east october 7 would not have happened had we had a strong iran policy. he is paving the way for iran to get a nuclear weapon and it is delusional policy but it's a double lead so given his democratic predecessor when vice president tried the same policy and that policy totally flopped.

mark: it governor desantis home to think of her think of that in the state. i think you've done in the country my best to you and your family. god bless you my friend.

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mark: welcome back america. i always love having victor davis hanson on the program's got this book out how you get it at amazon.com at any major bookstore and i strongly recommend it. victor davis hanson are the great historian i watched joe biden give the speech at d-day. went back and listen to reagan, his was nothing like there is despite the propaganda in that media i saw the cheap shots. i saw him talk about crane which is good in my view. even though we're spending a lot of money in ukraine he's holding back. hholding the leash back for the seam to determining military pulse in the oval office with a

bunch of eggheads. world war ii and part two and the holocaust. many left and went to israel. even more than that give speeches like a black universities and elsewhere trashing the united states. think people in the audience do not have a chance but they have to work extra hard. i am watching him at d-day with great heroes behind him. who fought their lives on the line and someone died to defend an america joe biden does not believe in. emmett wrong about that? so you're absolutely right. as they are leading a group and just exudes how much we owe that generation. reagan was coming off a disastrous and was there in the lecture like biden he talked

very softly. it was with a big stick. he had to increase the defense budget he restored deterrence. biden is coming off a successful administration an and the sendig oand talks loud of her he screas but does not have any sustenance to back it up he talks loud and carries a twig. he kind of yells or emphasis does not fit the somber occasion. reagan is as close to d-day as it reagan is to biden. this generation, the baby boomers he has a baby boomer as am i. you look at perspective we did not carry the burden. i am being candid in comparison to the people at omaha beach. >> look was sent to the military. recruitment is a weight down because people do not want to be treated this way in the united states military. what he did with the troops on

the vaccine for a look at what he does on the budget for china is on the rise. the access is on the rise. russia, ironic, north korea, he does not act like it pretty screams about democracy and a russia and a war coming. is he preparing the american people psychologically? is he preparing the defense department? eight national security and so forth what's with this guy? works i do not know he speaks more negatively of donald trump in cap the country that voted for him they does the existenial enemies abroad for the only thing that excites him a is when he says semi- fascist or hyper magna or super maga. he's done a lot of damage and people do not realize the we are borrowing $10 billion a day at a trillion every three months. we alienated you mentioned 45000 recruits and that is the

demographic the white mail demographic accounts for that shortfall. the died twice of numbers in iraq and afghanistan and overtly or almost every in the country. that doesn't work. that is on top of the 8500 he drove out who most of them have natural covid immunity they did known to be vaccinated. this is a terrible record i think everyone is worried why that this is recoverable and what year or two or three. if he has another term i am pessimistic for the first time in my life. if we can recover from it. twenty-six oh we come back victor davis hanson how do you come back with all of those crosses behind him on d-day. all of those men the vast majority of whom are white and christian. and then the next day you're more than happy to give a political speech attacking the nation's founding.

attacking the nations history. attacking racialized and everything trying to turn america against america. you stood there in front of these men 95, 98 over 100 years old to put their lives on the line. so many died that day and so many battles. not just of the civil war, world war i, world war ii and we go on and on and on. and yet lower yourself to the lowest most grotesque part of the gander and trying to get elected president of the united states for

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♪ ♪. mark: welcome back america. victor davis hanson he throws in with tout the races in the segregationist, not just as a junior partner but as a leader to oppose school integration. he gives these horrendous racial speeches, divides the country. what do you make of this? works i get very upset. that generation is buried beneath the white crosses. they were eight wonderful a wonn if it was not for them they've not had discussions on a race and the eia. they were a chain -- make a leak

in this great chain of america. i'm named after victor hansen who died on okinawa 1945 on may 19 and my father flew 40 missions on a b-29 over japan. they were wonderful people. they were not racist of the type of people who built this country the people coming across the border from all over the country for there not from europe they're coming to a country that was established by so-called toxic white mail founders but why is that? these white mail founders were ecumenical. that it wrote in the declaration all men are created equal the logic extension is that multiracial democracy they created it yet all we do is smear and label them. it is one of the worst things for a leader to speak ill of the dead and they cannot respond. they use modern ideas of morality to go back centuries and condemn them. demagogues especially when he

does to the people in the military. you are the only commentary, mark, i've ever been asked that. that is very sad. most people are afraid to even mention it. mark: it is very frustrating to me. i am jewish. this nation was founded on judeo-christian beliefs. if it was not for the christian majority in this country, i don't think the jewish people would have had a place to go where they could feel safe. and now you see fusion of the marxist islam a and the colleges and universities in the democrat party. which is threatening the whole foundation of this country. this demand, and joe biden just not speak against it pretty gives a speech or to his government does not act against it. and in fact he lobbies it in dearborn, michigan and other places of the country because he wants to get elected.

he really is as donald trump says the worst president in american history certainly modern history. lexi is. all you have to say if you are guest from the middle east and you are on a student visa and you break the laws of your host, that is us. you're not going to be here any longer. you'll get your wish to go back to where you're came from since you want to go there anyway pretty always told us is a much superior place to live than where you are now. at thif the college of presidens would say it we have rules, you broke then you are suspended for you are expelled. but they don't at stanford university they say if you break our rules and something might happen or could happen or would happen the logical result is a storm the president's office like they did this week and burglarized it. they do not understand deterrence simple deterrence it. if you say something follow it through and treat them if they should beach treat it as a break the laws of the country.

mark: the brief moment we have can you think of a single speech in the united states that joe biden has given that is patriotic, that is inspiring, that is uniting to the american people? it because i cannot. because i don't think he can because he has a base of support and this new democratic party. it's not even a democratic party it's up radical neo- socialist party. their world view white males are toxic. anything he says about the past might be acquainted with the majority of white males. he can't say it and he won't say it. it's very ironic talks about privilege but no family has used his for greater privilege from themselves. yet he attacks the white middle class at they have privilege he enjoys. i really do not like what he does at all. think that is one of the reasons he is so unpopular now, so hypocritical. mark: he goes a place like the

holocaust museum talks about anti-semitism. he has his foot on israel's throat cutting off armaments to mcgough's independent told this to me is the holiest site our government has. he viciously attacks half of the american people. i think this guy is an arsonist. a political economic societal arsonist. this election is our ability to put the fire out. victor davis hanson thank you for everything you do. it's always an honor to have you. god bless you my friend for

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>> welcome back america, when i think about joe biden i asked myself many questions but this one in particular, what exactly has he done for america. he and his family have gotten rich, they've gotten powerful, he has the highest office in the

land. what has he done to deserve to be president? is he inspiring, does he give great statesmanlike speeches, is he securing our country from enemies without and within. izzy building up her institutions, is he encouraging young people to embrace our country and learn our history and our principles? is he bringing peace and prosperity to the country? is he doing things about crime in the inner city that are effective, what the hell has this guy done throughout 50 years that has been positive for this country, nothing. nothing. i will see you next time on "life liberty and levin" ♪ ♪