on the golf course. i hope you have a great week ahead, until next week, find us on-line. or the trey gowdy podcast, good night from south carolina, hive live i "life, liberty and levin" is up next. ♪ [music] mark: hello america, i am mark he vin this is "life, liberty and levin." welcome. we have to tremendous guests, newt gingrich and senator tom cotton, let me ask you a question, if you commit a crime do you keep the video cameras in your home on 24/7, would you, or

in front of the secret service, that seems stupid. that is what you are expected to believe. my god. we got the affidavit. it is fascinating. it is unbelievable. look. look. all someone knows how to use a magic marker and a ruler, we have 7 sentences, let's see if we can figure out what is taking place. look at this. and the senior legal analyst of this show, right here. they move the ball and leaking, they wanted absolute secrecy, let's start with this point. if i'm wrong, and the other side is right, how is it that hillary clinton is still walking on the earth free? she should be getting 50 life consecutive septemb

september sentences, how is jim comey walk on the earth free, same with him, hillary had a server in her home to gather information, they colludiincludes classified. when confronted with it, was her home searched? a search warrant? i don't recall. do you? did 30 fbi agents go to chappaqua? i don't know so, gee. i remember her lawyer david kendall had a role in decides what the government would and wouldn't see, we had hammers on iphones and bleached software, be on you shoobstruction? of course not, it is hillary. she wasn't president,i except in her mind. she didn't have the protections of a president, what about james comey, head of fbi, lawyer, he would

know the law, i think so. didn't he take documents with him? i think he did. some of them classified, i think they were. did he leak them? ly leakhe liked some,tion we shouldn't he be doing time too. maybe the same one where women are men and men are wim women, but no, what the hell is going on. everyone, the media, what's in the affidavit? what is happened is disgusting. i see a attack trump, always trump, not his enemies, not the government, always trump, no matter how we prove fbi, intelligence services democrat party and media are corrupt as hell. it is trump. trump, you see he took documents. he should know better. let me walk through this. former president has legal

right to access any and all of the documents created during his presidency. classified or otherwise. period. the second before he left office by his very actions alone in taking the documents he could be said to declassified them, are you sure about this? mark. >> i am certain, this discussed in 2017 when he handed 7; information to the russian foreign mintie minister. not because trump is a spy, he thought it was no big deal, former president is not be charged with espionage act of "1917" for this reason and more and the article of the constitution, he is the executive branch and commander in chief. agents cannot tell him, in 2017, like today, once the

president actions a certain way. it is assumed by his actions something can be declassified, at a minimum there is a constitutional issue, right? why would the department of justice open up this bag of worms? imagine if a president or ex-president could be changed with endless debate over bureaucratic policies followed or not, the impact it would have on the ability of any president to be president and do his job, i took notes to make sure i get it right. among other reasons this is why many of us are argue he sitting president cannot be indicted. trump here is a former president. but that gets to my early component about interpreting a president's actions on his be-- departure. i heard them saying where is the evidence, they are not constitutional. like former federal

prosecutors, and political operatives, listen to me, these are challenges should the department of justice be foolish to proceed on the path they are on. we get to document possession, that issue, understand presidential roars arecords act of 1978, no mentalities, no enforcement mechanisms, but the second after the president leaves office he is not subject to trial charges or penalties if he has documents or any information he secured or took while he was president. one second before he left office. the act anticipates negotiations, that is the presidential records act. between a former president and a archivist,e this is a process.

a process. that said other than boxes seized by fbi, mill -- listen, millions of millions of pages of records create in the trump administration are controlled by the archivists, a relative few, this and there have been lawyer to lawyer negotiations over the remaining boxes for some time. as well as voluntary access to the former president's home, where the fbi went, they found the boxes, shown the boxes, looked in the boxes, my god i don't know know why they said that is super second super duper secret they didn't just take it. they could have. but this belies absurd claim that trump stole government property or be o obstructed ar kriearchives, he was out of was on t office 12 months when this issue publicly a road in january

or february about boxing that became number, a very short period of time, sometimes negotiation go on for years, certainly no reason for a search warrant trigger, if there was an urgency to control the documents there are many ways to obtain them without a criminal process, why is is there a criminal grand jury in place, the same u.s. attorney in washington overlooking january 6 with a grand jury. who is looking over the national archives issue, with the grand jury, ca suspicious? i am. it is shocking a federal grand jury in washington has been en paneled in the first place and not to mention spies at mar-a-lago according to the -- this affidavit. leaking to fbi, what is going on? even if it is poli believed that documents are removed or destroyed fbi had the power to remove them via

subpoena enforced by a court ord for necessary, you go in june, you say holy mackerel lookal thes at these documents let's go to the judge get another subpoena, but they didn't have to. why? no body stopped them. no body stopped them. if there is actual evidence something was destroyed in real probable cause and government truly believes that a crime was committed, then go on a real jnot a master, and seek abarre an arrest warrant, what is the general warrant, in violation of fourth amendment that needs particular tie, if they knew when documents they were looking for, language they put in the proposed search warrant and signed off by this mas master, they had to know they were issuing a general warrant. it enables the government to

grab everything in sight for a period of 9 hours, they are looking and looking even the former first lady's clothes closet. we know they his the super duper secret documents there, this indicates use of a preparticular to sea pretext to 7 for information related to other matters like january 6. why was matter of such constitutional consequence heard by a master, not article 3 senate confirmed aprifederal judge and attorney general garland has a funny way of showing it was urgent, he took 3 weeks to noodle over it. what should i do? i'm going after parents and i'm going after people who oppose oborin oabortion a refuse to enforce the law on the border, i have so much in think about. once secured the warrant

was not executed until 3 day. >> when you occur what hillary clinton did and jim comey, they are not only ones. they were not president, they were not former presidents. how the were treatedded vers, versus how this former president is treated, this is a disgusting ruse over documents? over documents, seriously? the document that fbi could have taken without a search warrant. now you have former federal prosecutor, i had enough of them. they are a dime a dozen all over cable and networktity of tier, saying he clearly violated the espionage act. they have no damn idea what they of talking about this

is an assault on trump and his supporters and a assault on the republican party and our country. unless hillary clinton and jim comey do life sentences for what they did, right? how many violations of the espionage did they commit? they don't have the protections of a former president. then you know what is goiing going on here, gain, they go at it. i'll be right back. heyyy! (steins breaking) your cousin. ♪ from boston. ♪ it means, “ok-to-beer-fest”. another sam octoberfest? nein. make it ten! i like this guy. (cheers)

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mark: welcome back america. we're with our friend newt gingrich, newt gingrich, here we are again. another phony scandal. let me ask you a question, i asked the audience at the top of the show, if you are committing a crime, would you have video cameras taping it? would you have the secret service watching it? would you have federal bureau of investigation into your home to search the rooms and boxes? and then all of a sudden they are destroyed or removed or you need a search warrant to check on the president's home, does that make sense to you, sir? >> if you start with the assumption that the justice department is corrupt, the

senior fbi is corrupt. they have been waging war against trump for at least 5 years. and this is the latest battle in the war. it has nothing to do with justice, nothing to do with the normal procedures of the federal bureau of investigation. the very idea that you would send 30 agents into the home of a president of the united states or former president. is crazy. the idea they would go through the underwear dra drawer drawer of first lady of u.s. is insane. you have to assume this is part of a deliberate, vicious on going struggle, i predict will lead them to try to indict president trump in a dc jury in a district where we got 5. 6% of the vote, they have no interest in procedure or presents or the law. mark: they playering w -- play be with fire, they can

say what they will, half of the country that voted vettevoted for donald trump for if the. in february, archivist, makes referral to department of justice, they are knowledgeable about documents back then. in may there is an exchange of letters between the president and his lawyers, they are not hiding anything. in june the fbi has a subpoena, they go to mar-a-lago, for many hours, nobody is stopping them. president stopped by to say hello. they could look where they want and take what they want, they don't. they say, call back, say you might want to put another lock on the door with the boxes are. the next thing we know, a search warrant. but not a fast search warrant. garland the attorney general is not sure about this. he noodles over it for a

couple weeks. doesn't sound urgent to me, he said, okay boys, let's go. they go to a master, not a full pledge article 3 federal judge. i don't know how that happened. and then they have this massive high broug highly broad wa warrant and wait 3 days, and go with 30 fbi, does that sound there, nuclear codes and secrets that stuff that justice department is so concerned about. we saw a part of the affidavit, it lists the categories of documents, they don't need to tell us that, so where the hell didn't they go in when they had the sou subpoena and june and take documents. >> you have been watching political theater disguised as law enforcement we've seen that for 4 or 5 year, case after case where they are over rakin reacting,

deliberately humiliating people, i listened to a podcast with paul manafort with his time in prison, kept in solitary confinement for 8 months, you are watching a corrupt department out of control, 98% of its money to hillary clinton in 2016 of the people who were donating who worked that the department, senior justice -- zon the senior fbi is clearly corrupt and dishonest, there is some theory, they went in aggressive higly because trump moved to declassify and release fbi documents relating back to the russian hoax and degree that fbi had senior levels, had knowingly been flying abobly -- been lying about the russian

hockey ahoax and zuckerberg claims he was asked by the fbi to block distribution of hunter biden happen top over the investigation, you have stuff done by the fbi that makes no sense, if it is a law up for enforcement agency. mark: you make a good point. part fbi could be trying to cover its back side, based on what may or may not be at mar-a-lago. this is we know president trump was very upset about what was done to him, correctly so, any citizen would be with this phony russia collusion, and phony dossier paid for by hillary clinton and the rest. and he would have had access to those documents. he wouldn't trust the incoming administration with those documents, correctly so. and you know, 2017, newt gingrich, when donald trump

gave some information to the russian foreign minister that was deemed classified. it was understood he is free to do that, that act alone he declassified it. he doesn't have to fill out paper work or get permission . he is the executive branch. so the president is saying, i took these things, when take them, my act, i declassified them, this is a constitutional battle, they are picking a constitutional fight with this president, i think you may be right, maybe it say cover-up. >> supreme court has ruled that commander in chief, has defined by the constitution has absolute authority to define classification. that is not questionable. not challengeable. and i think that what you have is a desperate effort by the establishment by the

deep state, by the big government socialists, desperate to find some way to stop trump, i think they are beginning to figure out, he is likely getting elected. and that to them is such a terrifying end of their world. they will break any rule, i think they will break go any law or any precedented to try to stop him, we're watching a law e en for enforcement version of a civil war. mark: i've been saying we're in an american cold war, there is no question. liberty and tira tyranny. >> a president is not required to fill out a piece of paper to say i declassify x . if he takes actions that result are effectively the declassification of a document, that is good enough. i'll be right back discomfort back there? instead of using aloe, or baby wipes, or powders,

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and keeps you full? let's get those buns toastin' bread. cheese. 10 more. go! ♪ i'm getting shredded! ♪ make the smart choice. land o'frost premium meat. >> welcome to fox news live on this sunday night. a hearing this week will decide whether a master will review the documents seized from former president trump's mar-a-lago estate. a federal judge signaled her intend to make that am a.ment. a hear -- appointment, a hearing set for thursday at request of trump's legal team. >> all systems go for what nasa scientists hailing as a major step toward future of

space, in less than 10 thundershowers, -- 10 hours a new moon rocket is blastoff from cape canaveral in florida, it will send an empty crew capsule to lunar orbit. now back to "life, liberty and levin."or enjoy. ." mark: welcome back america. newt gingrich, joe biden signs an executive order stealing half a trillion col dollar from certain americans to give them to his voters. signed before that 800 billion dollar bill, and before that a 1 trillion dollar bill and before that a 1.9 trillion dollar bill, said this will fight

inflation. and reduce the debt. um, you know one thing to violate the constitution. which he does, regularly, like on the bored eand bl border and to blow up our economy, another thing to lie about it. >> i think they lie because that is the nature of being a big government socialist. they know, what is he going to do, say, i wanted to rip off everyone that paid off their college debt and everyone that who never went to college. but i have to take care of my friends from har vad and yharvard and yale and princeton, 300 white house staff supposedly eligible for 10 to 20,000 dollars each, they understand this is not defendable. they gruf just lie about it i have concluded, if you are on the left. you can't tell the truth, you get in such a habit of lying, i could three t

think they lie -- i think they lie to themselves, they create an inflation reduction act which is inflationary. just think, they don't want to control illegal immigrants but that i want to control us, if you are an american citizen, they opt hire people to come in and investigate you. they can't say that publicly, they would be destroyed. i think they are headed toward a huge election disaster because o of in addition, you saw it vividly when they failed in afghanistan, and biden immediately held a press ca conference saying how excellent the withdrawal was handled, you have to be totally out of touch with reality or someone who is is a compulsiveliary t liar to

say that. >> he knows it, we know it, that is half a trillion dollars of constitutional violations, i don't hear anything about impeachment or a grand jury or this stuff. i think that american people at least a lot of people who down buy into this are fed up with the two-forms of justice, what do you saw this this? in many respects i believe this republican leadership in senate is so passive in the face of this. >> i would say, that the supreme court almost will throw this out. say it is unconstitutional. second, i think that we have next 60 days, we have one simple clear answer. make sure that everyone who is mad, goes vote. if they get crushed at the election this fall, you are

likely to see dramatic changes started in january and things like fbi and others forced out into the open, made to answer questions, i suspect you will see money bills that cut down on what the biden administration would like to do. but the elections is that important, if m in my mind, you, start an impeachment process but you don't control the house or control the senate, that is why i think that election is the most important place to focus our anger. and make sure that we beat these people, because, they are all the biden team, every person running as a democrat that year on the biden ticket, ought to be described this way. mark: are there such things today as moderate democrat when they all vote for pelosi, and schumer and the irs, none of them fight, except for the handful of at

the border. >> duck bill plat platypus does exit. i think in the house maybe 3 moderates. in senate no moderates. you have sinema playing games and selling out. i think reality is, that in the senate, there is solid 50 person machine. which and i encourage our candidates to run against the biden-kelly ticket. every place in the country, we should tie democrats directly to joe arpai jone joe biden, people understand what they go buy gasoline and food they worry about murder rates, they understand how much this dabbling administration is failing every democrat should be tied to that failure. >> are right you, newt

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mark: welcome back america, i'm here with one of the great senators tom cotton, you have a book coming out. only the strong. i want to get into that. but first plots from within. our enemies see st from without. this effort to destroy donald trump, even if you are not a trump supporters, you have to look at there is a what the hell is going on, u.s. department of justice goes in front of a master telling them they can't release information that might hurt their investigation, and access to documents at mar-a-lago for months, they were in there with the fbi, with full access to the boxes and documents. they ignore the constitutional protection.

even an ex-president has in espionage act, they want to bring it to a hot iron point. right before an election. what do you make of this. >> i think what you have seen in the attempts to nail donald trump from administrative state last 6 years, what you and i and others have warned about for years from this progressive administrative state, this is what liberals want, they don't want the american people to be in charge of the government. they want this permanent bureaucracy in washington to be in charge, not just beam hike tony fauci at nih or the epa, it is the department of justice and top reaches of fbi and donald trump refused to play along, that is why they have been going after him for 6 years, they claim to a court

they cannot release information that justified that unprecedented raid on former president's home. yet they will go ought and leak to their stenographers in liberal media wildest ac accusation, not just about donald trump either. it is about the democrats using law enforcement and other tools of the add machiadministrative state to harass their political opponents, like at garland. he didn't like the way that justices might rule. that resulted in a democratic hit man traveling tra california to assassinate brett kavanaugh. or merrick garland 6e sicked feds on parents of school board because they were protesting mask mandate or crippl curriculum changes, it goes further. lerner and the irs, this

again is the democrats long-standing pattern of weaponizing the department of justice and law' force enforcement against their political foes. >> i want to ask you foreign policy questions, iran on the precipice of having a num nuclear weapon, getting aid and comfort from the biden administration, european union and russians. then luke a look at china, china has no fear of biden. i think in part due to milley who said we're not going to attack you. and i can go on and on. but let's circle back to iran. the prior president, had his foot on the throat of iran that regime, the economy. they fire feared us, now they don't fear us. will joe biden once he cuts this outrageous deal with -- which is soon, share it with

congress? do you have any idea from this administration what they are doing? other than what you readed in the paper. >> we don't that applying to democrats in congress who are worried about this reckless negotiation as well. but again, let's go to barack obama negotiation with iran. as i write about only the strong, he didn't want a better deal, people asked why doesn't he get a better deal, he didn't want one, he thought america was to blame for decades of tension, he traced it back to 1950s he claim we overthrow the democratic prime minister of iran, that was a myth. he was not elected or over thrown, he was the one they trying to seize power and hold to it. but barack obama deat believed it in his bones, he said it in speech after speech. he thinks that america is to blame for the decades of tensions with iran, that is

why we got the deal, we didn't want a better one, joe biden was there by his side, now it say . of personal and partisan honor for joe biden and democrat they go back to deal because donald trump ripped it up. appropriately so, it will put, ran on the path to the bomb, super charge their support for terrorism in the world to include here in the united states at a time when they have operatives trying to assassinate former u.s. government officials who almost did assassinate rushdie. he had a fatwa against him from the ayatollah for 30 years, this is what joe biden and barack obama have long wanted. they have wanted to appease iran they believe that we are to blame for the tensions with iran. not the world's worst sponsor of state terrorism. mark: i want the american people continu understand,

what it will be like with iran with a nuclear weapon. >> look at what they do, in last week we had on strike mostly empty buildings and infrastructure in syria, iran wounded more of our troops in middle east, they support hezbollah and hamas terrorist organization on israel's border that shoot rockets and missiles to israel, they have operatives on american soil, trying to assassinate former u.s. government officials, they take americans hostage, without the bomb, what do we think they would do if they had a prudentialio -- had a trillion dollars more, look at how nervous so many of our partners for that matter joe biden is in supporting ukraine providing them weapons to defend their own territory, again a war of aggression by russia, russia

has a vast nuclear arsenal. what do we think europe and democrats would say if iran had one bomb, what would they do in terms of appeasing iran more. that is why is so dangerous we have a deal that is going to put iran on a path to a bomb, maybe in a couple months or years. to be believed. that is questi said we cannot tolerate iran having a bomb, not even a few wrench turns away from having a bomb, it is too dangerous. mark: whe when we come back, communist china on the move in our hemisphere. the monroe dock r doctrine does not count, they are building 29 ports in this hemisphere, trying to control both sides of the panama canal, i can go on and on, what we're doing to

ourselves. when we come back, i want to pursue this with lily! welcome to our third bark-ery. oh, i can tell business is going through the “woof”. but seriously we need a reliable way to help keep everyone connected from wherever we go. well at at&t we'll help you find the right wireless plan for you. so, you can stay connected to all your drivers and stores on america's most reliable 5g network. that sounds just paw-fect. terrier-iffic i labra-dore you round of a-paws at&t 5g is fast, reliable and secure for your business.

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mark: welcome back america. communist china on the move,er we going enough? >> no, we're not, not surprising joe biden has had

a rose colored view of chinese communist to his earliest days as senator in 1970s, as recent as a couple years ago on campaign trail, saying chinese communist are not bad people, they can be our friends and partners they are not competition, but in reality they may bees most sevebe the most severe threat we face, rights now china's economy is entangled with ours, they have a lot of leverage over us, china controlled basic medicines we found out during the pandemic. we were shocked to learn they controlled so much basic medical equipment. unfortunately, that is true in case after case av case. in 19 many cases democrat and joe biden want to empower chinese leveraging

more look at green energy. china dominates manufacturing of things like solar panels and other inputs to solar and wind energy projects in the world. part because, of their unfair trade practices. we are the world's largest producer of fossil fuel, gas and oil and coals, democrats top knee cap our sources of engineer and super charge china's sources of energy. china could not come up with a better plan if they tried. and this all is happening with the same time that the people's liberation army is getting stronger every year. the people's li liberation army is growing the navy, air force, marine corps, and vastly expanding nuclear forces to strike the cony it ncon-- u.s., and i don

joe biden worried is they are using correct pronounces. we nod need on build a military, posturing is in the pacific to do deter china from threatening us. joe biden as hal wa has always viewed chinese communist as partners to have a peaceful rise and work and cooperation with u.s. rather than what they really are a marine malign enemy. mark: to immigration, we have a right to secure the border, democrats don't believe it. he is violating our immigration laws. there is nothing we could do while the republicans are in the minority, when you are in the majority is there

something that be done. >> it is a disaster at the border, mai man-made disaster of joe biden's making, the border was closed and under control when he took office last year, i went to border early in crisis last year, i went to talk with a couple dozen different migrants with a border patrol agent, i asked them why they came, not one said fear of persecution or their religion, they said things to get a better job or because i can get inner simply joe biden, they are coming because of joe biden, membership do just want to get a better job, that does 9doesn't mean we should just let them in, you have two million illegal aliens entering in a year, of course many will be violent gang members or members of cartel, smuggling fentanyl.

almost twice what we killed in 20 years of i hav vietnam war killed each year from drugs coming almost entirely from mexico when we win back congress no november we will take first sketches steps to do something about it enhance the border creel control. take the new irs agency to border patrol instead. and they have resources they need to process the deportations again. when we we win back white house a chee clear road map on how to close the borders and are not abusing asylum law, and to aggressively go after the gang members and cartels who are spreading so much violence and death in the country here. mark: all right senator tom

cotton thank you for your service to this country. take care of yourself. >> thank you, mark. mark: we'll be right back. heyyy! (steins breaking) your cousin. ♪ from boston. ♪ it means, “ok-to-beer-fest”. another sam octoberfest? nein. make it ten! i like this guy. (cheers)

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mark: welcome back america, you know, this is the affidavit. with all of the redactions, you are not allowed to know who is behind destroying your country, not allows to know who is isy g behind destroy your former president. name lechnameless, face less bureaucrats, who are using our law enforcement system our country to go after people you support. that is more important. meanwhile they leak grand jury information they leak confconfidence th confidential investigation, and committing felony, they deny president trump his 4 amendment rights his

attorney-client privilege rights, his executive power privilege rights. that is where we are today. stand up strong, be brave, and speak out. i'll see you next time on "life, liberty and >> in evening everyone welcome to "the next revolution" this is the home of positive populism, pro-worker, pro-family, pro-community, and especially pro-america. tonight want to focus on the crisis facing america what the biden and democrats have created with their extremist policies the border crisis in inflation crisis those are all deeply destructive hurting america every single day. that we talked about it last week and will be our extended