>> thank you for spending part of your sunday with us, good night from south carolina. ♪ ♪ mark: hello i am mark levin this is "life, liberty and levin." today we live in united states the democrat party. what do you think? massive inflation. gas prices through the roof, diesel prices that costs all of us enormous amount of money. lack of baby formula,

limited aims of meat available and lack of fertilizer to grow wheat and corn, empty shelves, supply chain problems. this is what happens when you have a political party that has been radicalized, democrat party them braces the various american marxist movements, and at war with our economic system, with our private sector, with the american people themselves with open borders trying to change citizenship. i'm not one of those putin noid, who believe that if only we wouldn't help ukrainians survive gain the onslaught by the russians that somehow they would be address addressed by our government and improved. that since.

>> people in charge of your government. >> a fox news alert out of california, authorities giving an update after one person killed and 5 others hurt during a church shooting in laguna woods, one person in custody. we're about to learn more from the news conference by authorities there. it took place at the geneva presbyterian church in laguna woods, all of the victims are adults, one fatality. 4 critically wounded. >> right now -- a sheet for you. >> good afternoon, i am sergeant scott, public information officer, we would like to let public know hour heart reach out to those affected. for today's press

conference, the following speakers will be in this follow be order. first jeff pal oc. and brian fennessy, fire chief, orange county fire authority, christie johnson, fbi los angeles. steven galloway, atf, los angeles. lisa bartlett, orange county board of supervisors, fifth district, and caroll moore, laguna woods mayor, we'll take questions at the conclusion. >> good afternoon, first, i want to send our thoughts and prayers to all those impacted by this, this is a tragic incident for the victims, their families and the community. i want to ask for your patience, as you know this

is an active investigation. our investigators are still processing the scene, we're here to provide as much information as we can at the time. but just i ask for your patience, and understand that we're working as quickly as we can to have more details. at:126 p.m. this afternoon, 1 person confirmed deceased. 4 critical, and another sustained minor injuries, injured victims taken to local hospitals, we don't have a status of the injured 4. when deputies arrived, they provide immediate medical aid to the victims here. after our partner from orange county fire authority, arrived on scene and began providing advance medical life saving measures, we're grateful to orange county fire authority

for their quick response and ability to to provide critical life saving treatment. it happen the at lunch, at lunch banquet following morning service. this is all very preliminary information, we believe a group of church goers detained him and hog tied his legs with an extension cord and confiscated two weapons from him, he was detained when the deputies arrived. that group displayed what we believe is bravery in intervenes to stop the suspect. the suspect was not injured and taken into custody. he is believed to be asian male adult in his 60s. we don't believe he lives in the area, investigators are working to determine his city of residence and whether he has connection to the church. at this time we do not know what the suspect's motive

may be or whether he had an intended target or if it is hate related. the sheriff department use utilized bomb k-9s and swept the church grounds. members from trauma intervention program also on scene to provide crisis counseling. multiple resources responded as part of a potential mass casualty indent. resourcing includes firefighter paramedic units, specialize mass casualty unit, private ground ambulances. and a helicopter air ambulance. mci was declared, and firefighter paramedic triaged, treated and transported 5 patients.

4 critical, one mine stated is, one victim pronounced deceased at the scene. we started our stress debriefing for the first responders. our hearts, are with the victims, family and our community, thank you. >> thank you. good afternoon, i am christie johnson, with the fbi los angeles field office. first, my condolences to family and victims here today. and also a really heartfelt thank you to congre

grants who were brave today. the fbi offered resources as needed. we have investigators working with the sheriff department, who are taking logical investigate steps, motive is always the question, when determines the extent of involvement in the federal level. at this time we working hard to determine the motive. we will continue to provide resources, regardless of the motive. as needed by the sheriff department, to deliver just tights victims. -- justice to the victims. we have our evidence response team who is on stand by. and we have our behavior analysis unit on scene. on behalf of fbi our heartfelt condolences to victims and families, thank you. >> good afternoon.

on behalf of men and women of atf, my condolences to the victims, the families and the communities that has been affected by this tragedy. on receiving reports of shooting, agents from our santa anaa field office responded immediately to provide assistance to the orange county sheriff department. since the scene has been secured, our agents initiated a emergency trace on recovered firearms, they are in progress. and will be investigated. atf will continue to work in tandem with our law enforcement partners until this investigation is completed. nothing further at this time, thank you.

>> good afternoon orange county supervisor lisa bartlett, fifth district, today is a very dark day. today after the tragic and hate filled act, that lead to senseless death of americas, we're dealing with people shot in their place of worship, in laguna woods. i would like to thank heroic action of our deputies here. i would like to thank chief fennessy. to church congregants, we're here for you, we'll seek justice for you. to perpetrator, our county will work to ensure justice, for the victims.

and as fifth district supervisor, i make sure our county's mental health counselors are available for victims and families of today's shooting, thank you orange county healthcare agency department for being show quick to respond to needs. and citizens of orange county, know we will continue to have my inwaivering support tony sure that safety and security of all our residences in orange county, thank you. >> good afternoon, i am caroll moore, i want to thank those people who were wise enough to take action. our thoughts to all of the members of the congregation and their families, we have to thank the city of laguna woods, the city is nearby immediately contacted and wanted to support us it was out standing to have that

happen. on top of that -- we have first responders these people are providing our safety. fire department, sheriff department, fbi, atf, we're thankful. >> this time we'll take any questions you may have. >> how many arms were recovered? >> two firearms. >> what kind were a? handguns. >> >> two handguns. >> can you talk about how quickly the parishioners intervened? >> how quickly this unfolded, we don't have that. dispatch call came in 1:26, deputies were here went minutes by the time we arrived parishioners had the suspect hog tied in custody.

>> that is part of the investigation. we have 5 injured, 4 critically. we're saddened to say one is deceased. we're working through details of how to unfolded. >> the gun -- >> that will be parts of the investigation. >> recognized? >> that is part of the -- "life, liberty and levin" will be back after this commercial break. it will air in full at 11 p.m. this evening. that is the update from authorities in california. they say, asian male, in his 60s, took part in luncheon after services today at the geneva presbyterian church in laguna woods, during the

luncheon he got up and started shooting. they don't know yet or not yet announced the identity of the gunman, they don't know the motive or if he has any connection to this particular church, they have an active firearm trace. "life, liberty and levin" will run in full at 11 p.m. eastern, 8 p.m. pacific. and now you're relaxing! we're working from home. save up to 25% when you bundle home and auto with allstate.

mark: welcome back, or first guest, judge ken starr. a judge on dc court of appeals. one of great legal minds in the country. judge starr, a question, have you seen anything like this in your life with the leak first draft with a political party encouraging protests at homes of justices with at least early on department of justice taking no steps to protect the justices? >> no, it has been one outrageous thing, the leak itself was as chief justice

roberts said an egregious breach, we know that. i have been disappointed there has not been uniin condemnation of the leak. the protests outside different homes, but, justice alito's home is an outrage. you identified law it is a criminal law on the books for a long time, it should be en fored. enforced. >> what would happen in the shoe were on other foot, a decision that maga did not like and all of a sudden people showed up at homes of more liberal justices, harassing them, trying to coerce a decision, kevin mccarthy says, i support

these efforts, because i want them to change their ultimate decision. what do you think the react of media would be? >> one of condemnation and rightly so. that is -- simply unacceptable, this is a form of mob rule when people take to streets and target a a justice's home or a judge's home. i think there would be a sense of outrage, how dare these people do this? they are interfering with the orderly conduct of government. mark: you had conferences why our fellow judges too. everyone writing opinions, and who would write the opinions. can you explain to the american people how bad this is. that when someone, perhaps a law clerk, we don't know

yet, leaks a first draft of what is a majority opinion. and impact it has to the ability of judges to work together and the court. >> because it is so unprecedented. it is almost impossible to predict long-term consequences, but short-term, is this, there will be now a lack of trust on the part of the court today those who work in the court. so consequential. the judge depend on the confidencialitity of one another to be able to speak freely. justice, members of congress enjoy the debate of speech privilege, they are to protect the orderly and lawful governing. we need to do everything we have, beginning with identifies this individual and bringing this person to justice, we need to know and the chief justice has been

reassuring, that this is not going to interfere with the work of the court. it will be steady as she goes, but this is disruptive. mark: you go back look at confirmation process, the effort to intimidate would-be justices. destroy their character. if and when they get on court, by then they hope they have been already coerced. this is something that has been building for decades, isn't it? >> yes. the board of confirmation hearing set a new and incredibly low standard of character assasination, that happened there and happened time and again. we had a brief reprieve with the justices ginsberg and

scalia enjoying a quiet confirmation process, but the process erupted with justice thomas, we saw it at worst with kavanaugh. -- justice kavanaugh, we need a restoration of kindness and decency in the process. i don't holdout hope in light of what we've seen, erupt in the wake of the improper disclosure of the drafted opinion. mark: democrats have media supporting them, they participate in these spear campaigns. -- smear campaigns, down see how we get out of this. >> i don't know there is an exit ramp right now it takes leadership. it takes leadership of both parties. i agree it has been very one-sided in terms of nature and extents of the attacks.

it is hand in chairman of senate judiciary committee, and other members to say we need to set tone of decency. mark: we'll be right back. this r were driving when they got a crack in their windshield. [smash] >> dad: it's okay. pull over. >> tech: he wouldn't take his car just anywhere... ♪ pop rock music ♪ >> tech: ...so he brought it to safelite. we replaced the windshield and recalibrated their car's advanced safety system, so features like automatic emergency braking will work properly. >> tech: alright, all finished. >> dad: wow, that's great. thanks. >> tech: stay safe with safelite. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ if you've been living with heart disease, reducing cholesterol can be hard, even when you're taking a statin and being active. but you can do hard. you lived through thirty-seven red-eye flights in a middle seat. eleven miracle diets... forty-two college campus tours... four overseas postings...

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jon: welcome to fox news live, one day after a horrific mass shooting in buffalo, new york, word of another shooting, this one in southern california, at least one person was killed. 4 others critically hurt

after a gunman opened fire at -- geneva presbyterian church in laguna woods. police don't know why he opened fire. >> president biden and first lady jill biden visiting grieving city of buffalo tuesday, where a gunman opened fire in a super market yesterday. racist conspiracies triggered that massacre, most of the victims were black. i am jon scott, now back to "life, liberty and levin." ♪ ♪ mark: welcome back program, judge ken starr we talk about roe v. wade. and other evening, democrats in senate, voted in favor of abortion on demand. up to birth. is that what roe v. wade and

casey say, abortion up to birth to be legalized. >> absolutely not, in your opening you describe the original roe v. wade and core provisions. reaffirmed 20 years later, this the third trimester the state come in as sees fit, and for bit abortion. save for safety of mother, the health of the mother, this proposed legislation, which did not pass, this senate, would have opened the doors to abortion to the very last minute. as you said. that represents a very significant, i would say radical expansion of roe v. wade. mark: a lot of lectures about the science with the virus, and masks and vaccines to shuttering, and

to our businesses, and on and on. follow the science, that is what they tell us , down -- don't you find in interesting, not one of these professors has been asked, what is the science when it comes to an abortion, at what point does it become a baby. >> this area should have been discussed fully in the public debate, happily supreme court had benefit of a number of briefs that go into science of the child in the womb. how early the heart beat, 5 weeks. human features, early oh, ability to experience pain early on, dna is there from outset, they were helpful to at

least 5 member majority in draft opinion, saying, we need to write this constitutional wrong, informed by science, but return this issue to we the le for debate and discussion as we handle other very sensitive issues, such as right to die. and a supreme court has been career do say let debate unfolded and let we the people within limits of reason decide for themselves what policy is of their particular state. mark: ruth bader ginsburg said virtually the same thing in 1992. let me ask you about. yes or no. what scott good law? >> no. >> was plessies for

ferguson good law. >> no. >> slavery. did not commit any offendses. three supreme court decisions, overturned. >> correct. infamous decisions that took the court a long time to correct, but at least the court did it. and in one of the footnotes in draft opinion, justice alito points to 25 cases. where the court has overruled its prior precedent and over 150 such examples, the court of has a duty to get it right, and overrule that which it believe its wrong. >> in argument that roe has been in place for 49 years, is not that effective is roe is not constitutionally based. supreme court decision in my

view is not modest. they didn't take a position, they said, hands off. somehow that is a radical decision attacking women's right, every woman in america, having her rights attacked. what do you make of that. >> there is a terrible distortion of what the draft opinions says, it is a restoration, saying we were wrong in roe v. wade taking the calderon out of debate. the democrat demonstrate other day, they don't believe in roe v. wade either, they don't believe in casey, they believe in most radical form of abortion on the planet. on the face of the earth. you could aboard a viable, baby. a human being right up to

the last second. ken starr, thank you very much. for your contribution to this country over the decades, and for coming on tonight, god bless you first. >> mark, god bless. >> we'll be right back.

mark: welcome back america, senator mike lee is a fantastic senator. he is up for reelection. also he was a law clerk to justice alito, an old friend of mine too. and i don't know how pull this off, senator, you come out with a book. called saving nine the fight against the left plan to pack the supreme court and destroy american liberty, the timing of that book could not be better.

so, among other things, you say in your book, you talk about the purpose of this supreme court. what is this purpose of the supreme court? to find out what is polling out there? make law? amend the constitution? or to do as this court appears to be ready to do, in the abortion case? >> mark. as in chapter one. the purpose of this supreme court to decide cases or controversy brought before the jurisdiction of the court, they interpret ambiguities in the law. that is how they decide cases. role is not to decide what is fair or what is good policy. supreme court's role, the role of the federal court generally is to interpret the law. to decide what it means to decide the cases in controversies over the

meaning. mark: what if the constitution says absolutely nothing about a particular topic. what decides it then? >> -- who decide its then. >> a great question. there is a provision that deals with that in the constitution, 10 amendment, said matters that are not made federal by the constitution, and matters that are not prohibited by the constitution, with respect to the states, are reserved to the states respectively or to the people, that is a very important feature, the 10 amendment, that reemphasis. making state government and not the federal government the default level of government in the federal system. mark: so if states want to have an income tax, they have one, if they don't they don't. if they want a death penalty they have one, if they don't

want a death penalty, they don't. they want an extremist position on abortion, from my perspective, they have the extremest position, right up to minute before birth, if they don't want abortion there is none, it is mobility, that is i did -- diversity that brings unity. >> it is the source of our strength. it was patterned in some ways after the confederacy. chief from the tribe, taught franklin about this in 1744, their confederacy was strong it allowed each tribe to govern itself at a local level, they came together as a nation for purposes common to all of the tribes,

that is what our constitution does basically. mark: if you don't believe in the constitution, and you believe in critical race theory. you don't think that nation of founded in 1776 but 1619, if you think that everything in the constitution is mallable. the ends justify the means, this does not matter to you. >> right. none of this matters to you, you lose sight of the vision of federalism, most of the people in united states will get more of the kind of government they want, less of kind of government they don't want if we follow the constitution, if that does not matter to you, you have dangerous temptation to accumulate power at highest level possible, the national level, then you have those powers combining and putting together a government that will make a lot of people

unhappy. and leads to tyranny. mark: to tyranny and violence. let me ask you this senator mike lee. when you read this first draft opinion, did it say anything in there about marriage, interracial marriage affecting any other rights other an issue of abortion? >> no, justice alito's opinion, that is masterfuly written goes out of its way to point out this does not extend to any of those areas, this is focused on this narrow area, reaching the decision it reached in a manner consistent with what i predict. when i wrote this, we did not yet see supreme court opinion, but i describe an interaction between justice alito at oral argument and er are solicitor

general of the united states, what about those who were wrong like plessy versus ferguson, could we overrule those, justice made clear, this is limited to this specific case. it is limited to this specific fact pattern, left wants to do everything it can to delegitimize the court and those justices who might join this opinion, they are trying to call into questions all sorts of things from loving versus virginia, protecting interracial marriage, and brown versus board of education, overturning plessy versus ferguson. none of those things are to be revisited. we haver in the -- neither the longer or

holding of this opinion affects that. this is dangerous. mark: yes or no, did the supreme court outlaw abortion in this draft. >> no, this is one of the greatest misconceptions, you would think listening to leftist politicians. that the supreme court had out lawed abortion, it did nothing of the sort, it acknowledged something that is always true, the constitution says nothing about abortion. those decideds are to be made not by 9 lawyers in robes in the supreme court, but by the people's elected lawmakers, typically in the state government. mark: i will explore it further with you, we'll be right back.

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the choice for attorney general is clear. democrat rob bonta has a passion for justice and standing up for our rights. bonta is laser focused on protecting the right to vote and defending obamacare. but what's republican eric early's passion? early wants to bring trump-style investigations on election fraud to california, and early says he'll end obamacare and guard against the growing socialist communist threat. eric early. too extreme, too conservative for california.

mark: welcome back senator mike lee, you worked on the court, there is a massive fence surrounds the court, a riot fence to protect it from protesters. you have people in congress,

encouraging people to protest, using language that could spark violence. they want these people at homes of the justices, they are violating federal law, because they are trying to interfere with justice, nancy pelosi and schumers and others said, they don't want the first draft to stand. to get them on alter the opinion. not make it so harsh, they said. promoting lawlessness, this has been going on a while. the same party pushing for packing the court, using confirmation process to try to destroy representation of justices nominated by republicans, and they are praising the leaker, before the leaker is identified. even though what they did is a horrendous violation of american tradition and separation of power. >> this is part of the tactic that i predicted

might arise in saving nine, i explain roe v. wade, and the dobbs case. i wrote saving nine, anticipating this very thing might happen, if this sort of opinion were agreed upon by the supreme court there would be a massive attempt by the left to undermine den grade, and diminish and isolate particularly those justices who signed on to the majority opinion. and the court itself as an institution. if it were the opinion of the court. and i predicted then, that there will be a widespread effort to change the court, expand the number of seats, increase number of justices so that president biden would appoint additional leftists to the court, and undo correct decisions after the law, in which they disagreed. i described a story, i was

11 years old, my dad was sift or solicitor general of the united states, picketers showed up at our home to intimidate him, for submitting a brief, this is inappropriate, when you show up in someone's home, only message that matters is we know where you sleep. this is prohibited in front of a home of a justice like this, prohibited, yet there i are encouraging it, the same way they will continue to encourage the packing of the court to deli -- dethe court. they will destabilize our system of government, for them is a future not a bug.

mark: i wrote a book about that called "american marxism." your book is outstanding, saving nine. by one of the smartest people in congress, one of the most accomplished constitutionalists. i encourage you to get it on amazon.com. any major bookstore, it does, addressing the issues. on the one hand. senator lee, we hear about we want democracy, we're a republic, but we hear we want democracy, people should decide, but on there are hand they insist the court decides, the democrat party has embraced schizophrenic

argument. protesting of people's homes with encouragement of the speaker of the house, and senate majority leader chuck schumer. >> i have never seen anything like this in this country and not in my lifetime, is unfortunate. when i wrote saving nine, explain what the supreme court is and isn't, and why it matters. and last two chapters, what the left wants to do it resembles some franklin roosevelt did to the court. when he threatened to pack it, it failed but left a lasting mark. you can read about it in saving nine. goes on sale june 7. mark: the democrats who

stopped their president. here the democrats and their president who are doing enormous damage, a terrific book. thank you, sir, keep up the good battle. >> thank you, mark. mark: we'll be right back. how am i looking? the most cautious driver we got am i there? looking good (phone chimes) safe driving and drivewise saves you 40% with allstate

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bleeding, bruising, fever, chills, or other symptoms of an infection, a severe or worsening rash, are or plan to become pregnant, or breastfeeding. avoid grapefruit during treatment. your future is ahead of you, so it's time to make the most of it with kisqali. because when you invest in yourself, everyone gets the best of you. mark: welcome back america, after we were attacked at pearl harbor, the chief admiral of imperial japan said. i'm afraid we've awakened a slipping tiger, i believe that is what marxists have done in it country. red blooded americans love this country and are tired of what is happening to it i hope so, we the people and or our

constitution. they are under attack, these are tough times. we have got everyone through worse, let's stick together and be united and more active than ever before. and let's be heard. i'll see you next time on "life, liberty and levin." >> breaking tonight one person in custody after the police responded to response of a shooting in california multiple people wounded in one now confirmed dead. the shooter was actually apprehended and hogtied by prisoners and then later taken into custody by police. we will keep you updated with the latest information on this tragedy. then it comes after the tragedy of the shooting in buffalo new york killing ten what local law enforcement and the mayor had to say about th