last week's interview. tomorrow we talk about the big cities but join us here next sunday when the next revolution will be televised. . >> "life, liberty & levin" sidney powell is here. >> my honor former federal prosecutor in fact, this is quite remarkable you looked at the - - were to that part of justice for ten years, three federal districts under nine different united states attorneys you different - - you didn't change but they changed when the

administration comes. and us attorneys were appointed by presidents of parties and you have been lead counsel in more than 500 federal appeals 350 as the assistant united states attorney and in the northern districts of texas i want our audience to know how significant and impressive this is because there is a lot with you - - assistant united states attorneys out there and you are one of them. thank you. . >> take a close look at robert mueller's office. people should look at that and they should bit the number two guy that the guy that mueller relies on for everything is andrew wiseman. so let's focus on andrew wiseman so the american people know who he is so tell us about him.

>> i call mister wiseman the poster boy for prosecutorial misconduct because he had a role in being hand-picked for head of the enron task force and appointing him to that position. mueller was in the fbi at the time. mark: so he picks wiseman to handle the enron case. >> yes. he was deputy director at the time under leslie caldwell who was the chief of the enron task force when it was first created and a collapse of enron. so they set about to target arthur anderson to begin with the accounting firm. >> they are investigating enron and they target arthur anderson? for what quick. >> destroying evidence is what they called it. but they did it a crime by combining two separate statutes to create a crime out of something that wasn't so they destroyed arthur

anderson. they knew they would destroy the company. mark: how did they destroy them quick. >> indicting them. mark: because they are the financial advisors quick. >> yes and financial advisor. >> they manufactured a crime by combining two different statute statutes. >> how many people work quick. >> 85000 people. mark: wiseman was the lead investigator. >> the lead prosecutor. mark: he informed the director of the fbi at the time was mueller. . >> yes. mark: what did they do quick. >> they knew they would destroy the company when they indicted it because anderson represented 2500 publicly traded companies. and those who represent companies can function as an auditor when they are indicted. so they feel the indictment for a week that is a disaster

and then they worked behind the scenes to avoid upheaval in the market so when they announced the indictment to unseal it publicly they were not as disrupted as if they were indicted immediately. publicly. mark: what did they indict arthur anderson for quick. >> under witness tampering statute. and the way they did it essentially they took criminal intent out of the process when the supreme court later got the case justice rehnquist wrote that the culpability's of jury instruction had

required and anderson had not committed a crime at the time. mark: anderson is caught up in the enron case. so wiseman must know that there was criminal culpability. he indicts the entity was for a major international corporation is a disaster to begin with because they get documents and subpoena you check your records. so it creates great to molt in a company. that in and of itself depending on the nature and the indictment can freeze a company. here is a company, arthur anderson in the business of protecting other companies their financial advisors and they are accused of what? witness tampering quick.

>> and obstruction of justice under three different statutes to combine and create this new offense because there wasn't one. anderson had not been subpoenaed for any documents at the time anderson was proceeding to get ready for the investigation. so they just made up a new offense by combining the two different statutes. >> what was the federal trial judge quick. >> anderson did appeal it and then the first one - - the fifth circuit affirmed it. mark: the united states supremes court which is relatively rare and the justices look at this. they say wait. there is no criminal intent or culpability this is not even a statute the instructions were faulty.

what did the supreme court rule quick. >> they reversed it unanimously. >> mister wiseman went on to become director of the enron task force in fact, by that time when anderson was reversed he already turned from merrill lynch defendants from the nigerian barge case and indicted executives on a multi- count indictment. mark: what happened to anderson quick. >> it was destroyed the moment it was indicted. it collapsed not only under criminal indictment so it lost all of its clients but 160 civil plaintiffs piled on on multiple lawsuits. mark: it was crushed and all those people lost their jobs. investors lost all their money. >> all the partners lost their

money. mark: on a case that was reversed by the united states supreme court and mister wiseman was in charge. >> yes. anderson was known to be the hallmark and the benchmark for accounting standards. mark: what happened to merrill lynch? . >> not the company but one of the reasons they indicted anderson was to send a message to others that if they knocked on your door as the enron task force you better cooperate or you could be destroyed and given the death penalty just like anderson. mark: even if you did not know anything? that is the power that the prosecutors had. >> yes. mark: it is all one-sided. people need to understand they don't have a chance to respond

to it but a group of government lawyers have decided that is the beginning of the process not the end of the process. because the media treats it what happened to those executives? . >> merrill lynch offered a sacrificial lamb entering into a nonprosecution agreement with the government on behalf of the company that was extremely onerous in fact, they agreed to have an oversee from the enron task force installed for a period of 18 months to oversee everything including the bills the defense lawyers were submitting that contradicted the government's view of the prosecution which was absolutely astounding and i

think illegal. and then the merrill lynch executive. mark: than the company it is investigating. >> these four executives are indicted what happens to them quick. >> they went through a ten year period of unmitigated hell. there was the investigation and the trial was a circus. . >> they are tried in houston and wake of the enron collapse? people were serious. anderson was convicted so

there was the uproar about that. all of houston was in turmoil. >> and deer in the headlights to make repeated requests for what is material to hold all the cards of a criminal prosecution and ethically required to produce any evidence that is favorable to the defense that they steadfast and i there was any such material. the development - - the defense keeps making demand after deman demand. and finally made the government produce a list they

admitted and then upon further demand to produce summaries of that material. mark: when we come back i want to know what happened to these executives to examine mister wiseman as it is very crucial and beyond that the special counsel office and how that is operating. ladies and gentlemen, don't forget me most week nights you can watch me on levintv go to blaze tv / mark or call us at teefive we would love to have you at our conservative town hall. we will be right back.

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and look at everything from the defense counsel it is quite exceptional. the four men are charge charged, executives and they are convicted quick. >> yes. they were indicted for conspiracy and seeing my for conspiring with enron. mark: what happened? they appealed quick. >> they were all convicted they did appeal and on appeal the fifth circuit reversed 12 to 14 counts of conviction and reversed the accounts against all the merrill lynch defendants and related wire fraud accounts. mark: so all accounts relating to their work are reversed? yes. all fried charges were reversed. >> they were not valid charges but the conduct was not

criminal but the real atrocity that these men at the urging of the task force cohorts were sent to prison upon their conviction. >> they did not wait for the appeal what kind of federal prison? , maximum-security federal facility with the worst criminals and cajuns why would they send this gentleman to maximum-security prison gang bosses and the worst of the worst in order to break them. >> the federal bureau of

prisons? . >> to put that man in that place because if he didn't ask him he would not be in that place. . >> that young man was completely acquitted on appeal he served eight months away from his two young children in unmitigated hell. mark: what were the other two counts? . >> they were absolutely appalling. my client was convicted and still stands convicted on two counts of perjury and obstruction of justice for testifying about his personal understanding of a telephone call he was not even on after mister wiseman and the grand jury told him to share his personal understanding of that phone call when it was accurate or not. mark: this is interesting in that sort of way isn't that

the president of the united states quick. >> how many years ago was this quick. >> 16 or 18 years ago. mark: the connection between mueller and wiseman is two decades? . >> at least. mark: he seems to bring wiseman with him wherever he goes including director as fbi. >> he did. he has been promoting and protecting mister wiseman for at least two decades. mark: appointed special counsel and immediate first choices andrew wiseman to be the top lieutenant. >> that's right. mark: i want to talk about manford first. last i heard he was in solitary confinement in federal prison.

>> yes he is. mark: same treatment as the merrill lynch gentleman. he was convicted by a jury in virginia on multiple counts now they are back in dc trying to get more counts piled on. there have been reports that manafort is depressed and broke broken. this is par for the course. isn't it? you have a prosecution and conviction and you move on to the next case. you were involved in a lot of cases for nine different us attorneys. this is different. this is like a bloodsport for mister wiseman quick. >> definitely. >> they drag him back into washington d.c. in front of the obama judge and yes it does make a difference in front of the obama judge who is receptive to the arguments and has been repeatedly. >> yes. she remanded mister manafort to custody immediately upon their request and allows them

to pile on additional charges. mark: if you look at the case involving anderson, like i said it's not that we have more to offer but there is an obsession and an odd desire to break them into a thousand pieces. >> exactly and mister wiseman did the same thing to another person and that was the young enron treasurer who pled guilty to a crime he admitted he committed and then wanted the president to serve his time that mister wiseman wanted him to cooperate and testify against other people that he just wanted to do his time and be done with it. so what happened when this

young man reported to prison? he found himself immediately put into solitary confinement which is a cell barely large enough to stand up and with a slit for light you are caged like an animal 23 hours a day and he was completely broken. they left him there for almost two weeks and then put them in the general prison population. solitary will drive a sane man insane within 24 hours. mark: i want to talk about this and the fact that this gentleman wiseman, the so-called gentlemen, is the invisible hand pushing the effort against the president effort against the president of the united states hey, who are you? oh, hey jeff, i'm a car thief... what?! i'm here to steal your car because, well, that's my job. what? what?? what?! (laughing) what?? what?! what?! [crash] what?! haha, it happens. and if you've got cut-rate car insurance, paying for this could

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[♪] reporter: rescuers in brazil continue searching for the more than 300 people missing after a mining dam collapsed friday. it unleashed a massive mudslide. at least 58 people were killed and the death toll is expected to rise. courts blocked $3 billion in assets of the ming company to pay for the damages. dakota will be returned to louisiana where he's accused of killing his girlfriend and her

parents and his parents. his grandmother was in virginia, fearing he would show up. he was there when deputies arrived. he was arrested without incident. sidney powell, presidet of the united states i think het was set up from day one before he was president. >> i agree. mark: even as a candidate they were focused on him. the evidence is abundantly clear and i don't much care what the mueller report has to say. there needs to be another report. on what took place when president trump was candidate trump. and when president trump was president elect trump and shortly after he became president trump. there is a stream of factual information that the media essentially rejects but facts are facts that demonstrate the obama administration at the

highest levels of the fbi and we not even gotten into intelligent agencies like lieutenant general fill in and we had a rushed in and last year of the obama administration has never seen before in american history and he told them not to pursue we have the hillary clinton campaign later this week information that five or six surrogates of the clinton campaign are pushing this dossier into the fbi and among others the general counselor who is now out under criminal investigation and got a copy others also received copies because it turns out the clinton campaign and the dnc through their strawman and all the rest funded this operation and funded the opposition research and they pushed it into the fbi into a friendly, senior-level fbi run by the obama ministration and the rather lynch.

now, mr. wiseman based on this earlier reporting by john solomon this week was among several who were told by bruce or for america served on the staff of the deputy attorney general, very senior position and i had that position once, deputy attorney general was an obama holdover at some point and became the attorney general, sally, extremely partisan and a friend with andrew wiseman's, as a matter of fact. wiseman before he goes to the special counsel was one of the individuals who bruce or tells do according to his testimony and congress in closed session that this dossier my wife wife works for using gps which secured the dossier and just be careful about it because it is involved in opposition research and political aspects to it so

they developed this application that they fought with the fisa court and put a tiny footnote in their which nobody read, including the federal judge who sits there as a fisa court judge and rather than expending what the dossier is because they want to openly investigate the man who becomes president of the united states, donald trump, not carter page, not manafort but they want trump. and they get their fisa warrant and they get it extended three times. not once are these judges told about this poisonous fruit, this dossier and the fact surrounding it. two questions for you. mr. wiseman, how can he be in the special counsel's staff? the man behind the man. when he knew from day one about that dossier and then number t

two, where are these federal judges -- you and i practiced law in federal court from time to time and a federal judge learns false or misleading information was presented to him or her and on that basis they sign off on a warrant. i can tell you the federal judge lambert would have dragged my butt back into court and headed evidentiary hearing and held me in contempt. where are these judges? how does wiseman get away with this i guess because mueller wants them to and secondly why are these federal judges now they know the truth and it's all in the media why are they sitting violent? >> wiseman has been doing this for 20 years and bob mueller knows it. that is what he brought him on the task force to do. mark: are the -- bob mueller wants the sky -- he picked them

back he hand picked him. mark: he's advanced his career. >> totally advanced his career over the years and protected him. i know that because bill and i filed a grievance against andrew wiseman while he was deputy director general counsel of the fbi under mr. mueller. mark: what happened there? >> ironically enough they were defending him against the grievance we filed it with the new york bar and unbeknownst to us the new york bar punted it to the department of justice office of professional response ability to decide it while the department of justice was defending esther wiseman on it and all of a sudden we get a letter from opr of course, finding absolutely nothing wrong even though mr. wiseman and his team had yellow highlighted evidence that they knew before the trial was favorable to the merrill lynch defendants completely favorable to them and the exact language we needed to defend them before the trial that exonerated them completely

and they headed. mark: skates on the edge and it seems to get away with it. >> it was not even on the edge. it was in the circuit for a new trial appeal found the prosecutors plainly suppressed evidence favorable to the defense and bailed out the government by holding it. mark: in the fifth circuit court ruling, materially or not, the shows sketchy conduct, the supreme court reversal and you have this man who is told the dossier is tainted and winds up in the special counsel's office and you have these judges who claim to don't do a damn thing on the fisa court and you have them teen up president of the united states and they say we want to interview the president of the united states, no big deal we just want to know who's opinion about why he fired james comey we want to know his opinion about lieutenant general

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mark: sidney powell, prosecutors office special counsel says we want to interview the president and we want to know is you and mr. call me and why what was his opinion of mr. comay and his opinion of the russian and opinion of mr. flynn and the media out there and he says nothing to hide what is the problem? isn't the problem what you just told us their own client faced and explain that. >> oh, yes. first of all, mr. mueller nor andrew wiseman are interested in the truth whatsoever. they are only interested in what

they can generate to create a criminal offense against whoever they want to target. and they will do that by what any means they can manufacture. any means. mark: so why do they ring a bell? >> because, for example, my client still stands convicted, merrill lynch executive of perjury and obstruction of justice, two separate offenses, for expressing his personal understanding of a telephone call he did not even participate in after mr. wiseman instructed him in front of the grand jury to share that personal understanding with the grand jury whether it was accurate or not. if it is not -- it does not have to be accurate how the world can be perjury and if your personal understanding of something can be perjury? it makes no sense whatsoever. he has two felony convictions based on that and we cannot get it reversed thanks to mr.

wiseman. mark: could not get reversed and mr. wiseman knows that. >> yes. mark: mr. wiseman takes his playbook and says i got the president of the united states. we just want to ask the president of the united states what is your personal opinion about the way that james comey was removed and find some contradictory piece of information for something you may have felt elsewhere, even though a president cannot be held for obstruction of justice and firing a subordinate which i stated from day one which others have stated from day one which is abundantly clear but they will not charge the president but write a report and they will write a one-sided report. this is what i wanted to ask you. prosecutors don't write reports. prosecutors speak in the courtroom or keep their mouth shut. >> right. mark: we have a special counsel who will write a report and the report is supposed to be a confidential report just for the higher-ups in the department of

justice because congress will demand it and the press will demand it and someone will likely leak it. here we will have a document by the likes of mr. wiseman who will oversee it with his boss, mr. mueller, and given your experience with mr. wiseman you expect this report to be a fair report that lays out the different responses or do you respect this report to be the sort of thing that mr. wiseman is known to do in the courtroom at sentencing hearings, withholding some information and underscoring certain information to what do you expect from this report? >> mr. wiseman could write a report that would make giving your mother a nice christmas present sound like a federal criminal offense. mark: your own experience with this fellow and his record and he will be writing the report and isn't that why pelosi and

the other democrats in the media say let's wait for the report and let's wait for the report because they know who will be writing the report and i suspect they know some of the things frankly, that will be in the report? wasn't mr. wiseman at the hillary clinton victory party? >> i have heard that is true. mark: i heard she lost and it upset him very much. >> yes. [laughter] mark: did he send a communiqué to sally yates, deputy attorney general from obama and while schumer and the democrats were holding up sessions for confirmation until they could drag a recusal out she was the acting attorney general to block the president of the united states because she was not going to allow the justice department to argue for his executive order, and defense of it, on the limited immigration status of certain countries, individuals from certain countries.

he told her to keep it up. good fight. >> he was applauding her resistance to the president. mark: you've been doing this a long time, prosecutor on time, defense counsel a long time in the media treatment of the -- i look at the media treatment of ken starr in the media treatment of robert mueller and they are opposites of each other. has the media gone completely in the tank? >> yes, no doubt about that. the other thing you need to know is that andrew wiseman is a master manipulator of the media. he did that study the enron litigation also. in fact, he sat in the courtroom with his arm around mary flood, lead reporter for the houston chronicle, throughout the enron litigation. mark: at some point during the course of the investigation did he briefed the associated press? >> yes, that was early before he was on special counsel steam in

department of justice when he was looking at the metaphor issues. mark: i will pursue this with you in a moment. don't forget almost everything that you can watch me on live-in tv, imagine that. sign up, give us a call at 844-levintv, 844-levintv or go to blaze tv .com -- mark. we'll be right back. ♪ -omar, look. [ thunder rumbles ]

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mark: there has been a lot of leaking ahead of the fbi james comey who tried to cover up his leaks until he was under oath in front of congress and mccabe number two weaker. bigger number three the general counsel, bleecker. number two and three are under criminal investigation. stroke, bleecker, page supposedly leaguer in the course of the criminal investigation first counterintelligence investigation and now in terms of special counsel's office i have speculated or surmised that they are leakers and that's one of the reasons the media treat them so well. of course, that he trump and want to see trump hanging from a

telephone pole but also, these are their sources. when the busby article came out they basically pointed to the special counsel's office and where else would you get documents, texts and e-mails even if there's a pass-through to anonymous lawn and officials they would have had to come out of mueller's office. i went on the radio and said for an hour we have eight and half million listeners and that is on terrestrial radio i don't know satellite and internet. okay, justice, now you have your basis for a leak investigation. you need to conduct a leak investigation into mueller's office. what is that involved? to fbi agents come in offer a lie detector tests. if those prosecutors turned them down, that's fine but they will still be interviewed. all of a sudden a statement pops up and all of a sudden they are on the line and the questions they would be asked would not be just about busby but have you ever talk to the media, when did

you talk to media, who in the media, what media outlets and by the way, we want your texts and e-mails and phone logs and they would have been caught up in a massive scandal. this is my opinion. what you think about that? >> i agree with you completely. that is wiseman's standard operating procedure. he crafts the narrative he wants in the media to convict people ahead of the charges being brought or ahead of their trial. he did that in the enron and merrill lynch litigation also. mark: it is interesting to me that in the mass media, hard left mass media, there is no criticism whatsoever of the prosecutor's office. i've never seen anything like it. no prosecutor is tweeted this way and no prosecutor that is tweeted this way. i know they despise jump in one amount and they are mouth pieces for the left and so forth but their sources have been the head of the fbi and number two at the fbi, number three of the fbi

people at doj and i believe people in the special counsel's office. i think that is why they took this rare occasion -- second time i believe they done it, to issued the statement in distance themselves from buffy. this is the story, i think, that the media even conservative media are getting that wrong they are praising all her and look at this but the guy is a good guy. he put out a statement and it is self-serving. >> totally self-serving. they were protecting themselves. mark: in terms of the support that they are writing, you don't doubt that wiseman has a heavy handedness? is the number two under robert mueller. >> i'm sure he will edit every word of it. mark: and they will deliver it to the attorney general and the attorney general will be pressure to deliver it to congress or delivered to the media but there could be grand jury information in their and national security information that honestly has to be removed

and so, it seems to me, the left whether journalists or members of congress will argue cover-up, cover-up and they will not even let it go with the report, do you think? >> i'm sure there will be huge uproar over all of it. mark: let me ask you this from a constitutional perspective, a prosecutor issuing a report accusing people of stuff, is that constitutional? >> it is wholly inappropriate because the only charges the prosecutor is supposed to bring are in an indictment and the report should be as minimal as possible and only for the eyes of the attorney general, otherwise it's like what james comey did in his july 5. it is inappropriate from every perspective and it should either be charges being brought or charges not been brought. mark: completely undermines the

bill of rights, do prices, presumption of innocence and a president who cannot be -- how does he get his name back? >> creates a massive smear campaign. campaign.

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mark: sidney powell, is a former chief of staff to attorney general in the reagan administration i can tell you my attorney general played it straight. fair and square, told the us attorneys to do the same until the criminal division to do the same, play it straight was a former prosecutor himself. i see an increasingly political department of justice at the fbi, what do you see? >> same thing. one of the reasons i felt compelled to write and self publish "license to lie". i could not sleep because of

what i have seen. it was so egregious, such appalling sectorial misconduct. it got even worse under the obama administration. when i saw the people i named in the book that were chosen for the enron task force during the bush ministration then promoted to the highest halls of government during the obama administration and literally come to run a white house, white house and the permanent justice i cannot be quiet about it. i had to try to alert the american public to what was going on. mark: any attorney general anymore political and eric holder? >> absolutely not. we've witnessed it the unprecedented politicalization and weaponization of every federal agency under president obama and the worst ever of the department of justice under the fbi. mark: let us not forget, we talked about happen under obama. loretto lynch, under obama.

all these activities russian interference in the election, obama. it's been in the room as pleasure to have you. aaaaaaaaaaaaaaaaaaaaa couple of. we'll see you soon. john: i'm john roberts in for chris wallace. the special counsel nets another member of the trump campaign's orbit, and the shutdown fight comes to a temporary halt. ♪ ♪ >> i will sign a bill to open our government for three weeks. john: but without funding for the border wall and with new threats of action. >> if we don't get a fair deal from congress, the government will either shut down, or i will use the powers to address this emergency. john: we'll discuss the political fallout from the shutdown fight with acting white house chief of staff mick mull vain and the path forward with