every week on your local fox station or on sundays at 2 p.m. eastern on the fox news channel. have a great week, we'll see you back here next "fox news sunday." ♪ ♪ treasur ♪ ♪ mark: hello america, i'm mark levin, this is "life, liberty and levin." this is also a sad day. in american history, one of the saddest on. the democrat party and biden administration know no limits for retention of power, no question about it. joe biden said the other day, he had nothing to do with reques any of this with the investigation of donald trump.

he is a liar, a liar about shell corporations and money from communist china and about money from ukraine. a liar about money from romania. he is a liar about documents, a and his own history, we have a man in oval office who is a liar biden signed off on fbi review of trump records. national ca archive letters reveal from august. what are they talking about? biden white house at request of department of justice signed off to have fbi and intelligence community to examine hundreds of pages of classified information of former president trump -- >> there you have merrick

going to department of justice. saying you can't come directly to us, you have to go to white house, they circle back to white house. white house counsel's office and joe biden, they agree to send this matter to department of justice, knowing damn well what would happen, that is what triggered this. general warrants, that was issued by a federal magistrate judge, the framers of your constitution hated general warrants. or they were called writs of a sis ta assistance, they were used by the king in search of criminal behavior. federal prosecutors have been chopping away at this over the years. they have chopped it off a limb in case of donald

trump. here is what your 4 amendment says: >> so what is probable cause? that say reasonable basis to believe a crime was committed. they had no reasonable bases to believe that a crime of the committed, even if donald trump had classified in information, which he did, it is not a crime for him to possession it. when donald trump left white house he was president of the united states when he arrived in mar-a-lago he was president of the united states whenever he took with him, you cannot then turn and say, he violated

espionage act of "1917". and try to charge him with espionage. doj did not act in good faith which is required under these circumstances too, american's founders hated general warrants, but the government has resurrected them, there was a report, woops we're sorry we have a million cases where innocent citizens were monitored that is a general warrant. 4 centuries prior to u.s. founding. english jurists and legal scholars rejected general warrants --

>> they condemned them as did our founding generation. now they are in use, here i have it the warrant. the warrant says, the search warrant. august 5, 2022. in part it says, attac attachment a: they mention mar-a-lago, described as mansion with approximately location to be searched include the president's office, all storage rooms all other rooms and areas within the premises used or available to be used by the first lady. or the president. and his staff.

boxes or documents could be stored. sounds broad to me. does not include areas currently at the time of search occupied rented or use by third parties this say huge property, i have been there. that seems broad to me, here is the affidavit. two-thirds is blacked out. see that. remember this? this? redacted search warrant affidavit. it says among other things:

>> person? but not the president of the united states at the time of the removing of the documents or former president of the united states this is incredible. this is a defective 7 warrant search warrant on many grounds, what about due process with the fifth amendment? what does it say, no person shall be deprived are life, liberty or property without due process of law, that includes the right to a lawyer. even miranda of a mass murderer, you have a right to a lawyer. it is believed correctly, you cannot be properly defended if you are accused by a government. yet in case of donald trump, his lawyers were brutalized. washington d.c. court. judge rules trump lawyer must testify and documents

"new york times," federal judge has ruled that -- in march, that prosecutor overseeing investigation of former president trump handling of classified documents, can pierce assertions of attorney-client privilege and compel one of his lawyers to answer more questions before a grand jury, on -- this is last day she served on court then retired. an obama appointee. that provisional allows prosecutor to work around the attorney-client priv planning wprivilege when they have reason to believe that legal services -- >> this is extraordinary. to do this against a former president. leading candidate. republican nomination. who has authority to move documents. no statute can trump the constitution of the united states why does the president have this

authority? because he is the executive branch, that is why, he doesn't report to inferior employers, they report to him. they are not in the constitution. he is in the constitution. not only that a liberal democrat appointed federal judge agrees with me, her name is jackson. bill clinton had stuff in his sock drawer. judicial watch, sued they want they stuff. and in part here is what democrat another obama appointed judge said in response in defense clinton, under the sta statutory scheme decision to segregated personal materials is made by the president, during the president's term -- that is what she wrote in march of 2012, never appealed. she says since president is entrusted with management and disposal of presidential

records during his time in office, it will be difficult for this court to conclude that congress intended he would have less authority to do what he pleases with what he considers to be his personal record, she said he has thought. to make such a decision. what about the espionage act? remember presidential records act does not have a criminal penalty. but espionage act. what about that? october of 2022, american bar association hardly a conservative organization, talking about the espionage action this case president at powers. here is what they say, they conclude this -- similarly,

prevailing law. federal officials, president is the president. to establish specificity and memorialization for future handling, but extent of a president's legal authority to declass materials, without those formalities has yet to be challenged in court, we have a rogue prosecutor and rogue attorney general said we'll challenge it in court, we're indicting you. is that the way, ladies and gentlemen we're supposed to figure it out, even if you believe there some conflict or confusion, i don't think so. that is not the way it works. what about this issue of obstruction?

the department of justice took the position be o obstruction with espionage act presidential record act and a formal position with former secretary of state, democrat nominee for president in 2016, they hill clinton they said we'll not prosecute some cases that is their precedents, and hillary clinton case is much worse than you know. peter van buren, a national security attorney, and formerly the state department he wrote a commentary in reuters he sa said: remember all e-mails and servers:

>> comey at the time did say, some marked e-mails classified were found on the server, he said there were more than some there are a lot. and he goes on: >> clinton claims she turned over all work related e-mails despite this. the questions of perjury and obstruction of justice were not addressed. and in statement comeyy lawyers said they delighted all e-mails. he added:

>> none of this was addressed in context of disvehicdisvehic destructive evidence. none was addressed by department can of justice in relearelation to, director of fbi labeled leading consen contender for presidency and her staff as extremely careless in handling america's secrets. this is generally seen as positive news by clinton supporters. the new standard of being not under indictment. the questions not addressed by fbi remain. obstruction. false statements. they have now applied to donald trump. that was the position of the department of justice 11 years ago. but it is not the possess

position today. i'll be right back.

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this. this is the indictment. the various charges against president trump. 49 page long, the one against a navy vet and aide to president trump is in here to pressure him to return on donald trump, some people are impressed by this, i am troubled by this. 37 counts against the former president and leading republican nominee right now for the republican nomination for president. 31 having to deal with document retention. why would you pile on 31 counts when it could be one count or three or five. the answer is. they want to put donald trump in prison. and as i said last week, on

hannity, donald trump is 76 years old, some of these counts are 20, 10 on them, if they convict him of one. and he is sentenced to full aim he will dee in prison. -- amount, he will die in prison, that is how out of control biden and garland and the hack prosecutor are. there are some things missing from all this. despite all 49 pages and witnesses and all these documents. what is missing? obstruction and false sales and this, that and the other, which are borne out of fact they criminalized this investigation, had they not, none would be an issue. they lay the foundation for conspi conspiracy and this thing. but what is missing? retention of documents. there is not a single

syllable in this 49 page, 38 count indictment, 37 against trump, about a single document being destroyed. not one. you would think if they heferrhad evidence this would be in the first charge, number two, there not a single syllable alleging that any document was altered. not one. if there was, and they had evidence, i would think that would be in front, but they are attacking former president for retaining documents, classified documents, talking about classifies dawment documents not one syllable that any information under espionage act was passed to any spies, enemies or enemy foreign country, not one, espionage act was passed in

"1917". wilson locked up on 2000 people, vast majority of whom remember innocent because hey disagreed with his position there is something wrong with such a statute, this was written for a democrat jury, the jury will be in miami, assuming it gets to that point, it shouldn't. it will be filled with democrats. because the most southern part of florida is filled with de democrats, not new york or washington but not idaho or utah either. i want to keep that in mind. they figure if we can get nim ohim on one, they have all resources in world because of the government. they are the government. donald trump's lawyers will have to take this and try to unravel it. that is also one of reasons they pile on, also one of reasons they had hundreds of witnesses.

from the janitor to the vice president of the united states that is also why they had tens of thousands of documents, now a private law firm, relatively small firm, will have to try to figure out how to unravel what the prosecutor did. i want to remind you about a grand jury. all it takeses is a majority of people in grand jury, to vote to indictment. if it's 23 members or 21 or whatever it is, it just takes 12. in washington, d.c. or in miami. it takes 12, that is number one. number two, no witness, no target is permitted to have counsel in front of the grand jury, you there are by yourself in france pront of prosecutors asking questions, number 3, you are not permitted to provide the

grand jury withi information, they were to protect potential defendants against an over wrought overzealous government, but now they have been used, been twisted. they are used to against individual citizens they have gone against donald trump, aggressive. out of control is this prosecutor, he went to a democrat obama-appointed judge, he know would give him what he wanted her record has been to reject every motion filed by donald trump's lawyers, she is the chief judge in washington d.c. with the grand juries. she gave him what he wanted, he wanted this prosecu prosecutor to gets testimony from president trump's lawyers, about conversations that president trump had with that lawyer and the

notes from the lawyer, i suspect some of that is in this document. and so what he has done, he has taken pieces and puzzled together cherry picked testimony from this went or that witness -- witness or that witness. no e exculpatory testimony or documents he pieced it together, you are left with a document that says donald trump was a grave threat to the country, the way hig he handled classified information. the wayl he handled documents and retained them and trying to cover-up, he moved boxes, he told people to move boxes. hig-- how many documents were destroyed. >> there not an allegation in here that any documents were destroyed. not one. how many documents were altered or molested?

there is not an allegation in here that any were altered or molested. period. false statements, conspiracy to obstruct. all of this comes out of the criminalization of this case this is what prosecutors do, with that prosecutor, this justice department, this attorney general, and yes this president biden have done. they have destroyed the country. and i don't know if we could ever get it back. they have destroyed something that matters to each and of one of us, they talk about suppressing the vote, they destroyed the next election, they have interfere with the next election, this think isn't in rally muc much in or normal this was stake en out of the joseph stalin

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runtionan eruption in the coming weeks, back to "life, liberty and levin." >> welcome back. violation of the bill of rights. violation of the dealing with a former secretary of state. violation of the constitution of the united states unprecedented action against a former president. and leading republican candidate. for the opposition party. why would they take such

extreme measures? such unprecedented legal actions? because this is election interference of the worst kind, democrat party does not want to lose power, it wants to be only party with power. whether trying to stuff the supreme court with ide ide or destroy electoral college. or open borders and aliens coming in by millions. undermining this country every step of the way, brain washing our children to hate america, and going after parents who stand up their america and their kids and going after pro lifers, saying this weird form that democrats have embraced. abortion on demand.

pushing racism. and all of the rest. this fits into this the biden crime family, joe biden, leads a crime family. the idea he didn't know that tens of millions of dollars coming in from communist chinese, russians, ukraine, and romanians and god knows who else is a life, bob walensky has said on air, record and fbi as an eyewitness, more than credible, that mr. big, in the e-mails is biden. that 10% to mr. big, was biden. we have 20 shell corporations set up a llc's so you could not find them, over 10 million dollars landerred through the shell corporations. the department of ros treasury under biden fought

to get wire information to track them so committee had to go to banks. gis just as biden administration trying to conservative up the allegation of a 5 million dollar bribe from burisma. and the prosecutor investigating it was the guy that biden wanted fired. you are telling me that there is not enough here, note enough pres predicate for appointment of a special counsel but there were enough to appoint a som somspecial counsel against donald trump. for joe biden. hunter biden is in the the issue. jim biden is not the issue. the grandchildren are not the issue. the issue is joe biden. we have a crook in the oval office. we have manchurian president

in oval office and a democrat party whether impeachment o mueller investigation or phony russia collision and oral -- allegations and starting with hillary clinton. the very same actors, the very same bureaucracy. are at it again, interfering with elections should they succeed, in convicts donald trump of one felony. that is a 20 year sentence, maximum. donald trump is 76 years old. that means, this regime, it is a regime. this regime. wants to put donald trump in prison. 's him to tie in federal prison. and don't tell me there is no coordination between the democrat d.a. and atlanta, and democrat d.a. in manhattan. and democrat attorney

general in new york. it is one phony allegation after another. the twisting of law, the rejection of president. the undermining of tradition. that is a what is taking place. this is a war on trump, but bigger, if is it is a war on republican party, a war on the republic. i have said it a thousand times. i have thought it a million times. we have crossed the rubicon, now we crossing in again.

mark: welcome back america. i'm excited to have senator rubio with us. he has written a hell of a book, decades of -- get if on amazon.com. it comes out tuesday, this is his first interview this

say remarkable book. particularly are a senator, most senators, senator rubio don't think this deeply, they are not looking at whole horizon of what is happening to the nation, let's get started. among other things you talk about crisis of confidence. people have different ideas. >> the confidence is what we're capable of as a country, when make americas great our hopes and dreams and aspirations, they are there but we have forgotten how to do it they have been des tracked t distracted. we started making public policy, not to basis of best interest of america but best interest of global market or world. terrible mistake. second is lunacy of over throwing all things that

5500 years of human history tell us are true in name of what they call social juster justice and equity. those two have intersectioned, it feels like every day this is a country that has forgotten who they are and teaching their kids that america is a massive failure. mark: you talk about marxism. you don't candy coat it. neomarxism, our culture. what do yo mean. >> people think that marxism is an economic model, it is a power structure, the belief that we need to divide people against each other and you -- it used to be based on class but now based on we see the facture lines they created whether partisan ship or jenner identity or race divide

people against each other, convince peac peep give us power turn your life over to us we'll make it fair and equitable. that is what this is about that is what they are doing, they are dividing americans telling us our future depends on the government passing some law, electing certain people to pass certain bills that will take control at the extending the expense of your lip libert lib teeni liberty and freedom and individual rights, this is marxism. mark: you get into great detail. your book is written in english for everyone continued to. decades of -- i strongly encourage you on go to amazon.com. it is an important book this

marxism you connection it to this ruling class or elites and experts, top down, and how it is they who are destroying coulter. culture. >> for them it is power, they will do anything, day which can justify anything. criminals your justice system, lying to congress or a pfizer court. carrying out a blackout of any media coverage on laptop, and pandemic showed us how they used expertise to use their power, i talk about -- you know you deserve credit, you have defined this asthma,i marxism before, we dealing with an efforts of small class left wing elites to preserve their power, they are willing to use all

instruments to keep it and wage war against anyone that stands in their way. mark: your family lived this in fulbright red casto cuba, and you come to this from a particularly important perspective. as united states senator, that is why this book so important. how our spoiled elites. i encourage you to get the book, when w when we come back, a new report that involving cuba, chinese have a spy base now in cuba. i don't think they would have given that a 6 thoug second thought 20 years ago. we'll be right back. (dr. aaron king) if you have diabetes, getting on dexcom is the single most important thing you can do. it eliminates painful finger sticks,

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♪ ♪ mark: welcome back america, my guest, senator marco rubio. one of the best in the senate, book is "decades of decadence." i encourage you to get it amazon.com, delivered to you first thing.

any major bookstore. senator. cuba. your ancestral home, run by communists. when soviets tried to purt put a base there we stopped them, now china has a spy base there, it is hush-hush, what you to make. >> i make of it, i talk about in book, while america was trying to play nice, lay find win-win, china played to win, and russia playing to win, and china in particular. part of winning, we want to put a military intelligence presence 90 miles off of the coast of florida. entire eastern seaboard of united states is now vulnerable, southern co command, special ops, and cape canaveral and eglan d air force base, and a key strategic place in

caribbean. the other point we treated cuba as a third world backyard dictate or ship, people are realizing now there is a real ship to u.s. in cuba, if iran, russia or china wants t to do anything against america in cuba, they will allow them to do it. mark: we appeased them under obama. we are appeases them under biden, democrat party has always appeased them. so the chinese are there. chinese will see there is little we'll do about did. the chinese will be more provocative and aggressive now. >> they will, part of challenge is they view american foreign policy as they are not giving us priority, they are focused on other parts of world and half congress wants to reopen relation to cuba, a

perfect place for chinese to focus on, we have a tendency in american politics to be mean to our friends and allies. but we try to be nice to the president of venezuela and close dor reg closer to regime in cuba, you have people in the white house an kush cubans know it. they see the statement clips, i think they feel like when you add it up from afghanistan fiasco down to last week. this is the perfect time to strike and move, because that administration they don't want the heat that comes with this,y this won't do anything about it. mark: the book, "decades of decadence" by marco rubio.

you can get it at johnny jojohnny joey jones. i damazon.com we're not spending enough to defense, i don't with it rise of china and iran on the rise and north korea on the rise, and all of the rest. i don't think we're spending enough to defense. i don't think we're psychologically read first war, not one that we'll launch but that chinese might. when do you make of that. >> i think on psychological point you are right. people are -- we're not going a good enough job of explaining to people why taiwan matters and what it means in chinese takeover taiwan it would change world order in a negative way for america in next0 hundred jee years. >> we can't produce this stuff fast enough. fundamental problem we have, we don't have it. exnanything we give ukrain

okay, you we have to buy for ourselves. we don't have an industrial base that can might meet needs and we have to pivot to specific needs of endo pacific where big crisis could develop with taiwan and china, they are different weapons from middle east, we don't have them. that needs to change. but that is not changing as long as they want to and end their money on opening up diversity, equity and inclusion offices. >> crucially important book. "decades of decadence." by senator rubio, everything that we have discussed today 10 times more in the book, get your copy, amazon.com. coming out tuesday day, god bless you thank you. >> god bless you mark, thank you. mark: we'll be right b

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welcome to totalitarianism. democrat-party style. unleashed against the teaparty, unleash bureaucrats at the cdc, fauci and others and destroyed our economy, who destroyed our school system, who destroyed jobs and businesses, who shut down churches and synagogues and kept casinos and warehouse stores open. remember all of that? and now continuing abuse of power by the fbi and d.o.j., helps democrats in elections, they are monitoring us, deciding who can and can't speech on social media, censoring us, targeting us, accidentally of course, and now trying toic take

out a former president who is challenging them in the biden admini administration. your liberties, folks. see you next time on "life, liberty and levin." ♪ >> good even and thank you for joining us, i'm trey gowdy. it is sunday night in america. speaker of the house makes a little more money than the average member of congress, not enough to make up for weeks like the past one. republican agenda and house ground to a halt because of republicans, a dozen gop republicans voted with democrats to keep gop bills from coming to