sunday, tomorrow check your local listings for time. and that's how fox reports on this saturday january 16th 2021 i'm jon scott thanks for watching. see you again tomorrow. ♪ ♪ >> hello america i'm mark levin this is "life, liberty & levin" warning anything i say this evening will be used to attack me. by the press, the democrat party, and the never trumpers. but i don't care. i always try to speak the truth and i want to talk to you tonight it is a very, very important period in our history.

i don't have any conservative on this network, any -- who has done anything but condemn what took place on capitol hill the other day. it was outrageous, breaching walls the security capitol building. 14 cab toll police injured, a woman shot dead, that's not who we are. and those people who did that, are not us. there were hundreds and hundreds of thousands of people who came out to march in support of the president of the united states. hundreds and hundreds of thousands of people and now they're all being accused of violence. they're all being attacked being painted with a broadest of brushes. why can't we focus on hoodlum and find out who they are we need to prosecute them, we need to do all about them. why is that so controversial? i went back and i listened again to the president's speech. not once --

not once did he incite violence. not once did the president of the united states say, charge the capitol building. breach the capitol building he said the opposite. about peacefully protesting. peacefully protesting -- that's what he said. all of that aside for the moment, it is time to attack a bigger look at this as far as i'm concerned. what we have had to deal with as a country over last five years it has been extraordinary and awful in many respects. donald trump isn't even lengted elected president and whether it is gi, intelligence agencies are scheming against him. the fisa court process is undermined with lie it is that are given to the court for warrants. the hillary clinton campaign spends money wash it is through the dossier used as pretext to

investigate the president of the united states we hear russia collusion for two or three years. another lie, the pretext of which was used to launch a criminal investigation that went on and on and distracted and undermine the presidency and looking at people on capitol hill qhor speaking about impeachment who are using intelligence committees day in and day out and we have to listen to schiff and those on tv accusing our president of -- espionage of all kinds of horrific acts treason, selling out the dictators. this has an impact on a society it has an impact on a people and the media, the media played not just a role it played a leading role. constantly pouring fuel on the fire and by the way, none of this excuse what's happened to the capitol. but we need to look at the whole horizon of things that have taken place in this country. we have a newspaper that "new

york times" pushes the 1619 project what is the purpose of the project pushed into our schools now the purpose is to junders mine our founding. that's the purpose of the 16 19 project we have bask players and football players taking knees all over the place why? because we're such a systemically racist society and we watch this and watch this every day. what else has been taking place? oh black lives matter which is a marxist violent organization has roads named after is it. it's celebrated by corporate america. it is celebrated by the american media. we have facebook and twitter conducting itself in the most fascistic ways imaginable. with a hundred days of attacks on the federal courthouse mark hatfield courthouse in port land and speaker of the house with the federal law enforcement that is trying to protect it to storm

troopers third right and she's not only one. we have violence, the most horrible violence we've seen since the 60s happening during the summer. monuments being fulled down and people being beaten cops being beaten. after the george floyd killing, and media down play every bit it have. every bit of it. now, let's talk about an attack on our system of government. my wife and i attended the last night of the republican convention on the south lawn of the white house. the beautiful affair all kinds of important people were will all kinds lengted officials were there senators, congressman, governors -- you name it they were there. that's where the republicans come. the most powerful -- the most influential in the country that's where they came the south lawn of the white house. about an hour before it was over we could hear, we could hear a crowd forming outside of the gates of the white house and it

got louder and louder. and there were banging drums and they were playing maks and chanting and they were saying all kinds of cuss words and so forth and my wife and i look at each other and said, how the hell are we going to get out of here this is at the end of the republican convention. a big -- formation of police came, they had to show us the way out we have to walk half way around town to try to find an über but some weren't as lucky they beat the hell out of some of the delegate who is left who tried to gets back to hotelings chased down rangdz paul assaulted him and police officer, who was trying to protect them. they went after dan and his wife and can't even name all of the people who were attacked and that barely got the attention of the media. they didn't talk about an assault on our governing system. people left the white house grounds and they were attacked. remember what took place in lafayette park? remember the assaults that took place --

scores of secret service agents were injured. the president of the united states had to be hurried off to the bunker nuclear bunker afraid that the -- fence would be breached. and next day, the attorney general and others cleared out lafayette park they were attacked for clearing out lafayette park. that wasn't called an attack. on our government at the time, here's my point, we should oppose all violence. all violence whether it is capitol hill an outrage or the white house whether it is outrage or whether it is a federal courthouse in port land which is an outrage whether it is people leaving the last night of the republican convention, that is an outrage. all forms of violence. all of it. should be condemned and i condemn it all and i have always condemned it all but everybody has it. we have media organizations -- who talk about mostly peaceful protesters while buildings burning behind them and people

are throwing molotov cookal and cop cars are burn and cops are hit over the head with scwait skateboard and hit over the head with baseball bats and taken over in various cities and so forth joe biden gave a speech other day after the capitol was breached. a speech about unity. he said the president needs to step up. all through this summer people were begging joe biden to speak out against black lives matter and antifa and he wouldn't do it. then finally when he did it in a one or two sentence passing comment, people said he he spoke out against it. we need people to speak against violence there's no question about it we have lockdowns going on in our country. governors who are abusing their power. ask jews in brooklyn what they think of mayor of new york who has targeted them ask senior citizens in new york what they think of the governor of new york who is rgt targeted them

and ask people of the country what they think when governors are putting most -- con constraining lockdown in place while they're going on vacation while their wives are going on vacation while they're eating at five-star restaurants they're all caught going all kinds of things. breaking their own lockdowns imagine what that makes people feel like. then imagine having an election. put the fraud aside let's talk about the constitution. where democrat officials in pennsylvania, wisconsin, michigan, and even republican officials in georgia, violate article 2 of the constitution. with the executives in courts change the election law. in violation of the federal constitution and people see this. if they're upset about it or imagine turning on the joe show -- on msnbc against repeatedly refers to trump supporters as neonazis imagine turning on cnn where don lemmon and few guests

on this mocking the mental intelligence of trump supporters the media have played a huge, huge role on what's going on in this country and they're exploiting now what took place on capitol hill. trying to silence, silence conservatives silence republicans and unfortunately a lot of republicans are buckling. we need to speak out against violence. we need to speak out against what happened on capitol hill. or at the white house -- or at the portland courthouse we need to reject all of this violence. but what about the media? here's the headline that next day after the breach of capitol hill. and "new york times," trump, incites mob trump never incited mob this is projection. this is projection he never did that. or the what washington post trump mob storms capitol there are hundreds and hundreds of thousands of people there. trump mob storms the capitol? that's an awfully broad brush or the daily news siege president

incites insurrection. president didn't incite an insurrection. or the usa today protrump mobs storm u.s. capitol. how about thugs storm u.s. capitol how about -- how about lawbreakers storm u.s. capitol. this is the way it can be reported here's "the new york post." captology invasion. okay fair enough. here's the washington times, assault on democracy. okay fair enough. we shouldn't down play what happened on capitol hill the other day. we should be furious about what happened on capitol hill the other day. but against violence -- or you're not. and so now the media and people like adam and chuck schumer and their look what are they doing -- they're exploiting this situation. it is about impeaching president

of the united states or 25th amendment nine days before he leaves office do they know what's involved in the 25th amendment? so they double down they triple down they quadruple down they're not going to change. at one side of the mouth they talk about unity other side of their mouth they spit on people. 74 million people and more. they're not going away. they're concern still exist, ic, and then ic the democrat leader, in the senate schumer still talking about attacking the supreme court. isn't anybody concerned about that? nobody wants the supreme court attacked. certainly, not by the united states senate. attacking the voting system and electoral college, packing the senate with four more democrats. eliminating the filibuster so they can get through whatever legislation they want. nancy pelosi the other day eliminated 100 years of tradition making it virtually impossible for republicans to

propose legislation or amend legislation even though has a ten or 11 person majority in the house. it is 50/50? the senate with a slight majority in the house and their goal is to -- choke, choke, choke, the system even further. and the media are trying to intimidate conservatives and constitutionalists by projecting on to them violence that occurred by baits and others who need to be tracked down and punished. so it seems that the e lessons have not been learned they certainly haven't been learned by the left or the media, and they certainly haven't been learned bit never trumpers. i'll be right back.

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: there's going all the way back

to woodrow wilson is philosophy of group rights leading groups have changed in that 100 years since the progressive era now marginalized and minority groups in a way in the vanguard of the liberal coalition and the liberal view of american politics. not those that wilson used to talk about. but still you have -- a nonindividualist and anti-syringist individualist in a way foundation for all rights, and therefore you need a constitution that can be continually adjusted to meet emerging rights of a continually changing people. and that means separation of powers, federalism, checks and balances, are negative thing. they are they hold back the evolution of american politics, they hold back the progress in

our politics and they have to be overcome. and you can see that even now let's say in the last fight over this election, in a way liberals look i think progressives look at elections and slightly different manner. for -- for conservatives, the voters an individual. and the best kind of vote is one in which the individual is present and accounted for in the voting booth. he gives that vote individually he sign it is he attest to it and it is counted. for increasingly i think this is very viz nbl visible in academy and legal filing of the left for liberal voter is presumptive voter he's a representative of a group. and so you don't need to have the individual present to vote or even signing, you know, in a well attested way an absentee

ballot. you can presume how black vote reverse going to vote or how poor vote reverse going to vote and if you can harvest those ballots rather anonymously and process them it doesn't really matter. because they're standing for their class. they have a class interest you know how they should vote. how they ought to vote, and i think increasingly there are short cuts on the left in moving from how they ought to vote to how they did vote or will vote. and so, you're getting in a way -- two electoral systems that are beginning to diverge but they really represent the two constitutions the two larger views of justice and the purpose of pleks in politics in our country for liberalism, you know equality results the --

abolition of diverse outcomes is -- front seat front and center from their agenda from the conservative point of view it is conserving diversity in the sense of individual achievement, individual excellence, and individual freedom. jon: i suppose this explains why then the leader of the democrats and senate chum chuck schumer even though you have kamala harris as tie breaker where they want to pursue an agenda that is really anti-constitutionalist they talk about the supreme court and packing the supreme court. they're doing that today. they're talking about adding additional seats to the senate which will clearly be democrat seats. they talk about the electoral college, they talk about eliminating the filibuster rules so they can pretty much push through whatever legislation they want and nancy pelosi is i said, at the opening is recently changed rules in the house. making it almost impossible for

the other 49.5% of the house members to have any impact and legislation that comes through the house of representties. so is it fair to says and if you disagree by all means do. progressivism is anti-constitutionalist because if you said in early crowley and dewily and woodrow wilson and rest they weren't impressed with the constitution. they were more impressed with -- with the conformity more impressed with you say group think and group analysis. and group control -- and so constitutionalist should be concerned shouldn't they? >> i must say i have never heard liberal democrats in the praise of the electoral college as in the -- in the last week's session in

which they were in their own minds at least protecting the electoral college and practically they were in a sense protecting electoral college. even though almost all of them are pledged to abolish it as undemocratic holdover from the past. but this week we discovered that that undemocratic holdover was a jewel in the crown of american democracy. of course i think it is, and i think most conservatives think we need to very much protect, defend the electoral college because it is essential to federalism and to self-government in the united states. jon:mark: when we come back i wt to ask you you have been in academia defended constitution your whole life looked at all of this for decades and studied it. but what about the role in the media in informing and educating the people has it been positive or negative? we'll be right back.

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trelegy helps people breathe easier and improves lung function. it also helps prevent future flare-ups. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. take a stand and start a new day with trelegy. ask your doctor about once-daily trelegy. and save at trelegy.com. >> live from america news headquarters i'm jon scott earlier today police arrested a virginia man in possession of a hand gun and 2500 rounds of ammunition he also had a, quote, unauthorized inauguration pass. the arrest comes as thousands of national guard troops continue to pour into the nation's capitol but some state lead verse turned down the federal

request for assistance with oregon governor kate brown saying she's worried about violence at her own state capitol. once inaugurated joe biden planning multiday blitz of orders to roll back some of the trump policies among expected orders are an end to president trump's muslim immigration policy. rejoining the paris climate accord, and a mask mandate on federal property and while traveling. i'm jon scott back tomorrow for 6 p.m. for the "fox report" now back to "life, liberty & levin." ♪ ♪ mark: welcome back, professor kessler i'm focusing on the future of this country from today forward -- given what's taking place in terms of proposals coming out of the senate on the democrat's side. and inkretdably influential at least on a certain part of the

population are our media. do you find that the media generally is informed about the constitution supportive of the constitution, is concerned when the constitution is going to be tampered with? >> i would say they are opportunistically constitutionalists. when it involves the first amendment, and liable laws, of course, they take very -- principled position let's say in favor of press freedom. however, when it involves their own newsrooms, and the power of the young, woke reporters and editorialist that "the new york times" and other major mainstream papers, they are absolutely subservient to latest liberal line.

and press freedom is not quite the same thing. it's not part of a process of ascertaining the striewt you know one need freedom for jon stewart million reasons to find out what is really true and to test hypothesis against evidence rather it is increasingly the application of a politically correct formula and not exactly an algorithm but in a way a kind of political equivalent of that. in which -- freedom matters only according to its results. and therefore, freedom for me but not for thee is increasingly the attitude i think of the media. now, in some ways this is not unprecedented, i mean, we used to have in this country in 19th century and 18th century a very partisan press openly partisan. newspapers were often owned by political parties. in those days --

but the difference was that there were many more newspapers. and every city even a very small city would have a republican paper and a democratic paper and maybe two or three other small parties would have papers as well. so there was a market and there was diversity of editorial view points in those papers. the lincoln douglas debates were covered by papers that were friendly, you know, on the one hand to douglas on the other hand to lincoln but they agreed they published the same transcript of what was said in the lincoln douglas debates. they didn't monkey with that. they didn't interpret it. they let readers read it and interpret it for themselves, of course, there would be their own -- papers other editorial line for the reader to chew on and it valuate. we're moving it seems to me rapgdly away from that model. and increasingly the academy and the newspapers are in a certain

sense even the bureaucracy in federal government represent one party view. and this is perilous for good government and for free government as well. but i don't know what the solution to it is. one can see the problem on steroids, of course, with the social media, with twitter, and facebook and so forth. there you may have some antitrust resort that would be helpful. i don't know about the newspapers and the television stations and so forth. but there it would be good if change of mind could open their minds to the real function of the press and free society. and they could abandon the -- the dear sorts of enforcement actions they've been carrying

out increasingly. mark: i think you're right, and i also do agree it is perilous because if we don't have a truly free press, we're going to lose this republic and that's why it is in the first amendment that's why a free press is protected. >> but remember that in the democratic platform, in 2016 when hillary clinton was the candidate, an amendment to the first amendment was one of the platforms planked. and they were thinking especially of -- you know, the campaign contributions. and they were trying to roll back that supreme court that infamous supreme court opinion on campaign contributions which is not proven to operate in any particular infamous way at all but nonetheless to have the democratic party to have any major political party come out for -- reducing the scope of the first amendment, amending the first amendment is truly remarkable.

we're at a very different place for both liberalism and for the country than we've ever been. mark: it is the same party that doesn't much like the second amendment parts of the fourth fifth believes ninth amendment doesn't exist and 10th amendment when it chooses to use the 10th amendment not to mention article two state legislature and elections. professor kessler i want to thank you have were very much for your insight and have a good new year. >> thank you very much. mark: we'll be right back. is mealtime a struggle? introducing ore-ida potato pay. where ore-ida golden crinkles are your crispy currency to pay for bites of this... ...with this. when kids won't eat dinner, potato pay them to. ore-ida. win at mealtime. potato pay them to. living with metastatic breast cancer means being relentless. because every day matters. and having more of them is possible with verzenio,

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mark: welcome back, my next guest other friend professor paul science professor, has written the devil and karl marx dupe author author of other great book as well i want to

read something to you, professor. comes right out of our constitution. article 2 section 1 clause 2 each state shall appoint in such manner as legislature there have made direct. a number of electors equal to the whole number of states, senators, representatives to which the state may be entitled in congress. they said legislature, here's madison's notes on and on they go, the three and a half months out of the five and a half months of the constitutional convention, they eventually rejengt the direct vote. they eject state legislature those who determine how we have elections and select electors. so what happened? so the democrat the go into pennsylvania and michigan and wisconsin and change election lawsen bypass the state legislatures. what are we going to do about that going forward i don't hear any discussion about it.

i didn't hear any discussion about it when the senate and house were counting lek electors i hear rand paul say we need to get to legislatures to change laws but they change laws and executive going change and judiciary will change it. how do we fix this? >> yeah. yeah. no absolutely the key question, and you and i are both natives of pennsylvania. me from western pennsylvania, you from eastern, and pittsburgh area you the philadelphia area, and we weren't surprised by this, and you had five partisan judges democrat judges out of seven judges altogether on the pennsylvania state supreme court. which rewrote the election laws. and really, at the end of the pennsylvania legislature, had found a way to stand up to this to begin with, and stop this from happening. i don't know how exactly you stop it from happening. but you one way you begin by asserting your legislative authority. and you know, the pennsylvania

govan governor is a democrat secretary of state is democrat and tom wolf, of course, in georgia governor is a republican secretary of state is a republican. so -- it's kind of a practical how do you stop something like this. i honestly don't know mark. but i mean you literally might need to have the -- rnc hold like training seminars. the next -- next four years where they invite in republicans from state legislatures to washington or wherever to try to make sure that this kind of stuff doesn't happen. to teach them how to stop this legally. how to -- it is a good question. mark: let me suggest this. and i hope some of these justices on the u.s. supreme court are listening. the case was brought by the republican party, pennsylvania, went all the way up to the united states supreme court. associate justice iowa alito looked a the twice to segregate votes and number of votes qongt

have mattered we're not talking about number of votes but we're talking about following the constitution of the united states. the supreme court let it sit there that means they couldn't gather four justices to take up the case. >> right. mark: and that's the problem the united states supreme court should have enforced the united states constitution article 2 section 1 clause 2, the case was brought in october. it should have made abundantly clear to all states governor secretaries of state and courts in those states as well as other federal courts the legislature sets the law we are going uphold that throughout the country. we do not wish to get involved in one party plek or the other party politics. but it is our job, it is our job to uphold the constitution of the united states and i think they help contribute to the fight question now face. what do you think? >> here you mean the u.s. supreme court not rather than state supreme court. a lot of this i think john roberts a lot of responsibility many this you have based on

deciding when to act when not to act he's afraid of being appearing political -- afraid of appearing partisan. he, obviously, is very worried about how the roberts court will be perceived not just in washington -- but also in history. and really if he would have maybe done what he should have done in the first place, then maybe all of this wouldn't have happened now again seems unfair to blame robertson i'm not for this. you know for all of the states and every state and certainly in the case of pennsylvania. i think so. >> i'm very concerned it is only going to get worse ting there was a lot of pressure based when chuck schumer plans to pack the court i feel that was a direct threat against the united states supreme court had a decision not to attack up at least two or three very significant cases that could have helped the country. >> i think the court now being with the addition of amy coney barrett as well the court packing issue. i think that became a threat.

the justices saw that as a threat. and, of course, this gets back to the constitutional issue, and you were talking about with dr. kessler and previous segments about how progressives view the constitution and how conservatives view the constitution. and you're going to now have with the biden presidency, and a biden congress at least with kamala harris as tie breaking vote in the senate. you very well could see an attempt to your court packing. and you know, i think that that alone should have prompted a lot of people to think about how they were going to vote in 2020. because you know, that could be a very, very significant change in the biden administration over the next four years and progressives i think will do it. mark: we'll be right back. ♪ ♪ these days you need more than an education. so that's what we give you.

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>> welcome back, you know, i'm very concerned that professor, that there are different ways to attack the constitution. you know, people can attack it violently which we reject it is out of hand. and then people can attack it sort of during the course of business. they have enough votes in the senate they have enough votes in the house. if they have the presidency -- the outcome is the same.

the constitution is our governing document to try to destroy separation of power to turn the supreme court into some kind of bureau to try to stuffed number of senators so you're always gong to win the votes and so forth. that's tyrannical is it not? >> the judiciary in the supreme court is not supposed to be another legislature and suppose to the interpret the law and here question get a fundamental difference between how progressive and conservatives view the constitution. you know, progressives believe and progressing, right evolving, changing, you know, conservative as russell kirk describe, call enduring moral order enduring moral organize for progressive more like progressive and put the world moral there in there maybe put evolving moral order in quote. so they believe in change. and so to them, they really do see the constitution as a

lifing, breathing document that, you know, they don't view it the way conservative does tech does the rules can be changed in order to advance yeah the revolution in the case of progressive. mark: in which troubling that this mindset exist with exception like rogge city hill down a few hours. throughout our newsrooms, throughout our boardrooms, and this is a huge problem when you look at our media which i've been talking about during the course of this program. i can't think of a single person in a single newsroom in this country maybe there are a few. who understand what you just said -- that is who actually -- fundamentally understand the declaration of independence who fundamentally understand difference between the so-called progressive status neomarxist democratic socialist whatever you want to call them and constitutionalist and originalist and this is fundamentally the huge battle i

don't see us having too many people who are literate in the constitution and literate in founding of our newsroom do you? >> they don't know radical isology marx call for ruthless criticism of everything that exists. [laughter] the favorite quote from the character, everything that exist deserves to perish. right criticism abolition you know hear we are after a crazy 2020 campaign season, and only now what irony you finally have leftist condemning protest and disorder. right? you know finally at the end of 2020 after we've been watching leftist edge gauge in protest and disorder all along conservatives are about law and order right the left over the past year has been about defunding the police. so -- of all things i think here mark too this is a key point this is a really good chance i think to teach people the differences between conservatism

progressivism and some of the radical ideology democratic socialism and what they believe rongd and russell kirk said we believe in what humans have learned from all of the combine experience of mankind. not just the past generation or dozens of generations. and progressives are always about changing. and eventing a new right redefining everything from life, to gender to marriage, to the constitution. so >> he's next four years people like you and me you do this so well, this is a time where really teach people about conservatism kind of the way ronald reagan did for eight years while in the presidency. so i think for us this is an opportunity of the next four years to teach people about it while conservatives are out of the presidency. and don't hold congress. mark: professor paul toipght thank you and have a wonderful new year, god bless you, sir. >> same to you mark thanks for all you do. mark: we'll be right back.

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mark: you know i hope this program has been edifying for those who want to be edified. i look back on the last four years and think to myself what could have been in the trump presidency. a tremendous amount was accomplished. that can never be taken away. a tremendous amount was accomplished. tens of millions of people who thought they were never represented before have been represented by this president. imagine if he had had a democrat party that wanted to work with him instead of destroy him. imagine if we had a press who wanted to report the news instead of destroy him. imagine if we had a bureaucracy

that supported his agenda instead of trying to undermine it at every step. imagine what this president would have accomplished. now we are being lectured to by some of the same people who helped poison the well. they want to point their finger at this president, they want to point their finger at trump supporters. they want to point their finger apartment anybody who doesn't accept their ideology. i will not accept moral preening from politicians who still seek to -- to circumvent the constitution. and yes the rule of law.

we have a tough few of years ahead of us. we'll figure it out. we are americans. we shall overcome. see you next time on "life, liberty & levin." [♪♪♪] jesse: welcome to "watters' world." i'm jesse watters. the end game. it's been a week since the mob stormed the capitol and we have a clear sense of how the political winds are blowing. this is a volume style environment and you need to protect yourself going forward. there are forces at play that want to hurt you. the intlinter group of despicable rioters created a perfect storm.