thank you. she did not have the powers to declassify. it's a big difference. neither did joe. joe did not have it. it's a little bit cooler. it was pretty hot out here. thank you. happy birthday. happy birthday. welcome to "hannity". we begin our coverage of donald that jay. we have full coverage and analysis and my monologue straight ahead. happy birthday to you! >> nice birthday! wonderful birthday! they were singing happy birthday. i was with eric and laura and

the kids. happy birthday, grandpa. i said great. a got 400 years of proximity. add them all up. a fake 400 years. thank you, darling. that is so nice. it's a wonderful birthday. we are going to make it into the greatest birthday of all. when caught, hillary then deleted and acid wash. nobody does that because of the expense, but it's pretty conclusive. 33,000 e-mails in defiance of a congressional subpoena. they already launch the subpoena. it was there when she decided to delete, acid wash and smash and destroy her sell phones with a hammer. and then they say participated in obstruction? now think of it. that is called obstruction. there has never been obstruction as grave as that. she did this in the face of

everything, and yet nobody did anything about it. the fbi and the doj protected her and did not issue subpoenas. they did not use a grand jury and did not execute search warrants. and then the corrupt head of the fbi james comey declared no reasonable prosecutor would bring a case. can you believe it? that was just one of many items. hillary clinton broke the law and she didn't get indicted. joe biden broke the law and in many other ways we are finding out. and so far has not gotten indicted. i did everything right and they indicted me. but you know, we are serving as a great example. in the case of bill clinton's national security advisor. remember that? sandy berger. he was caught stealing classified documents from the national archives. very big ones and very important

ones. by stuffing them in his pants. that is pretty. and putting them also in his socks. he destroyed them and cut the tape with scissors, cut them all up. what berger did was highly illegal, but he was given nothing. no jail time, nothing. nothing happens. there are countless other examples. bill clinton, who i happen to like, hard to believe. before i did this i was actually quite friendly with him. nice guy. they should have used him more as an advisor in the 2016 election. he said you better get to wisconsin. you are going to lose. you better get to michigan. you will lose. no, we will not. they did. bill clinton lost the nuclear codes and absently nothing was done about it. he lost the nuclear codes! the george w. bush white house lost 22 million e-mails for

record. nara cannot ensure complete transfer of any of the bush records. the document shredding truck was spotted on the way to dick cheney's house. can you imagine? hillary clinton took hundreds of thousands of dollars worth of furniture, china, flatware, rugs and other stuff from the white house. she was not prosecuted. how about that? she took the furniture and the china. how about if trump did that? do you think trump would have a problem? the horrific violations of my rights by crooked joe biden's weaponize department of injustice are unthinkable. it is unthinkable what has happened. so dad for our country. democrats flawlessly pierced my attorney-client privilege with lawyers. what they did to lawyers and what they have done to our lawyers, our lawyers, all of our lawyers. they have done things that were

absolutely horrible and unthinkable. the leaking has been unbelievable and highly illegal. they leak. we have learned more about from the washington post, new york times about the doj's boxes hoax. it's a boxes hoax than from prosecutors themselves. you want to read about it, you pick up the washington post, which is not doing well or pick up the new york times. they will do better now because of these things. that's the only way they survive. but they will end up dying. it is not supposed to be that way. you don't want to learn from the times or from leaks. we want to learn from the people we are supposed to learn from. it's like a leaking sieve in washington. but we learn nothing about the biden bribery scheme or special counsel robert hers investigation. robert her is doing the biden investigation. he's a very respected and nice person. very nice person. mind is not such a nice person.

mind is a deranged lunatic, which many times the magnitude of hours in both number and severity. that is the prosecutor that they gave. he has found nothing. totally exonerated mike pence. i am happy about that. might did nothing wrong, but he happen to have classified documents in his house. they exonerated him. biden is a different story so much. you have to think about what i said. as a senator he took all of those documents. it's unprecedented. the prosecutor in the case i will call our case, is a thug. i have named him the ranged jack smith. i wonder what his name you steube? jack smith sound so innocent, doesn't it? what's his name? jack smith. he's a behind the scenes guy. but his record is absolutely atrocious. he does political hit jobs.

he has been known to viciously arrest a certain governor. you know the governor, bob mcdonald of virginia? he absolutely ruined his life and the life of his family and all these wonderful family members. i knew that. only to have the case overturned 8-0 by the supreme court. he destroyed that man and he destroyed that family. by the way, i will tell you i am here and i love you all. we can take it. but what these dogs dogs have done to my family is a disgrace. i will tell you. there is a lot of fake news out there. what they did to my family and that young man right there, he has answered more subpoenas than any human being in the history of the world. they have nothing after all of

the subpoenas. literally thousands of them. congress, fake counsel, mueller report. all of this. all he did was answer subpoenas all the time. at least he has become very experienced at that. congratulations. eric is fantastic in what he and don and of anke what they have gone through. it's it serious people. but what he has done to my family and what they have done to my family is horrible. he also tried to railroad john edwards on a completely bogus legal theory that did not hold up in court. it's no wonder the raging lunatic was shipped off to the hague to prosecute war criminals. using globalist tribunals, not beholden to the constitution or the rule of law. two things jack smith clearly disdained. you take a look at this guy. he looks like a thug. i watch to make a speech and he

was trembling because it wasn't his territory. he feels much safer in the inner sanctum of the department of injustice where you can beat in his room and scream at people. he is a raging and uncontrolled trump pater, as is his wife who also happened to be the producer of that michelle obama puff piece. it was a total puff piece. this is the guy i have got. don't forget this persecution is being done by the same weaponize agencies after seven years have been running illegal psychological warfare campaigns against the american people. much as if they were trying to destabilize a foreign country from the russia, russia hoax to the no collusion molar witchhunt to impeachment hoax number one, impeachment hoax number two. the lying intelligence officers. how about them? they said it is russia

disinformation and they knew it wasn't. according to some of the great pollsters that are right here, they made anywhere from a 10 to 17-point difference and we still got more votes than any sitting president in history in the second election. we actually did much better in the second election then we did in the first election. the fake dossier paid for by the democrats. how about the fake dossier? remember that one? do think it was easy to go home and say hello darling how are you when they read about that? it wasn't easy as all. spying on my campaign. we caught them spying on my campaign. the fbi, twitter files and so much more. it has all been a battle of disinformation, one thing after the other and all to protect the radical left misfits. it is also no coincidence that the charges against me came down the very same day evidence

revealed joe biden took a $5 million bribe from ukraine. he took a $5 million bribe. at the fbi and the justice department don't even want to talk about it. they showed something on television tonight. it had zero time on the three major networks. zero. but my impeachment had almost all the time. i think i had 351 minutes and they had no minutes. okay? i think a lot of people will vote. i think a lot of people are going to vote. i will tell you i just left miami and i have never seen love in the streets like that. we've seen a lot of love. i have never seen love like that because they know what we all go through. they know what we have gone through. they see it and they are smart. many of those people coming from cuba, venezuela and other countries have seen this happening to their countries. i use to say that the united states if it keeps going this

way it will be venezuela on steroids. now we are buying from venezuela. we have more liquid gold under our feet than any other nation but we are buying tar from venezuela and refining it in houston. the dirtiest, worst oil probably anywhere in the world. we are refining it. you can imagine what is going up in the air and the beautiful stuff that we are taking out of the ground and making a lot of money and paying off debt and reducing taxes still further, which we were in the process of doing. they want to distract from the real espionage and the real crimes. let's use president trump to do so. let's go out and indict president trump so they don't talk about the $5 million bribe. just yesterday senator grassley revealed that the executive that allegedly paid the bribe reportedly has crooked joe on tape. they have 17 tapes, i understand. he must be a nice guy to deal with. the guy from marise my.

nice company. they got him and hunter on 17 different tapes supposedly. but the fbi is not showing them. remember they impeached me for asking a simple question about biden's corrupt dealings in ukraine and now they see that once again i was right. i was totally right. joe biden and the radical left can take foreign bribes and be totally protected. republicans say you must finally get tough. you have to get tough and you have to show them. when you arrest your leading political opponent we no longer have a democracy. when people are allowed to pour through our open borders and our elections are rigged and our country is in very serious trouble. when inflation is around to rage and energy independence and dominance. we had independence and dominance. we will be dominant within six months and dominate the hole world with energy and make a

fortune. we were going to be paying off debt and lowering taxes at a level that nobody has ever seen and they came in and ended it. when that is taken away from us, when interest rates and taxes spiral upward in an uncontrolled way, when murders are allowed to roam. murderers are horrible killers. they are allowed to roam the streets of our democrat run cities unchecked. let the incompetent district attorney in new york indicts trump for a crime that everybody agrees, every pungent, everybody. there is no crime. but murderers go out and nobody ever comes and knocks on their door. they know they are there and they know the rooms and locations. they are roaming our cities all over there. some of them are coming in through our borders. but then you have a nation that as we are is in serious, serious decline. we have a nation in serious decline. if the communists get away with this, it won't stop with me.

they will not hesitate to ramp up their persecution of christians, pro-life activists, parents attending school board meetings and even future republican candidates, which they do. we must and it permanently and we must and it immediately. now that the seal, so important, is broken. the seal is broken by what they have done. they should never have done this. this was an unwritten rule. you just don't unless it's really bad. you just don't. but the seal is now broken. in addition to closing the border and removing all of the criminal elements that have illegally invaded our country, making america energy independent and even dominant again and immediately ending the war between russia and ukraine. i will have it ended in 24 hours. i will appoint a real special prosecutor to go after the most

corrupt president in the history of the united states of america, joe biden. and the entire biden crime family. name a special prosecutor. and all others involved with the destruction of our elections, our borders and our country itself. they are destroying our country. when i am reelected, and we will get reelected, we have no choice. we will not have a country anymore. i will totally obliterate the deep state. we will obliterate the deep state. and we know who there. i know exactly who there. they want to take away my freedom because i will never let them take away your freedom. it is very simple. they want to silence me because i will never let them silence you. they want you silence. and i am the only one that can save this nation because you know they are not coming after me.

they are coming after you. i just happen to be standing in their way and i will never be moving. on november 5th, 2024, justice will be done. we will take back our country and we will make america great again. thank you, god bless you all. thank you. thank you very much. great job. thank you. that was the 45th president of the united states. tonight we get reaction from mark levine, senator marco rubio, joe tacopina, matt whitaker, alan dershowitz, the best legal analysis in the world. we begin tonight with my monologue. today, president trump pled not guilty to all 37 felony charges out of federal art house in miami. make no mistake, the department of justice pretty much have taken a wrecking ball to our great american republic and our

constitution along with it. half of the country has now lost faith in the rule of law. this is now the third election, presidential election cycle in a row where the fbi and doj are throwing cinderblocks on the scales of that presidential race. first in 2016 they gave hillary clinton a free pass. we know james comey told us she mishandled top-secret material, destroyed the evidence. she acid washed hard drive servers with bleach destroying cell phones, blackberries with hammers. and of course the media mob did not care. of course comey did not care. now they are accusing us about what about the new favorite word. listen. >> the real issue on the political side is republicans will be able to play the what game and see joe biden did it too. any charges against donald trump will be purely political. >> it's this kind of political

what about ism is going to resonate that he is trying to play right now? >> the what about ism is intense right now. you are somebody that definitely knows facts on this case. 2 how cute the left-wing media found a new word. what about ism? maybe another term that they can replace it with would be equal justice under the law and equal application of our laws and the lack thereof in america today. let's use comey and his own words. no reasonable prosecutor would ever prosecute or charge hillary clinton despite her serious misconduct. pay close attention. top-secret classified material. she shouldn't have had it and that does not include the 33,000 deleted e-mails. >> from the group of 30,000 e-mails returned to the state department in 2014, 110 e-mails in 52 e-mail chains have been determined by the owning agency

to contain classified information at the time they were sent or received. eight of those chains contain information that was top-secret at the time. they were sent. 36 of those chains contained secret information at the time. eight contains confidential information at the time. although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor could bring such a case. >> okay. what about ism. in 2016 when clinton got a free pass the fbi was propagating their own russia hoax the same month as a matter of fact. that's the dirty conspiracy theory developed by the clinton campaign. a bought and paid for dirty russian misinformation dossier to smear donald trump before the election and the media mob, the democrats, the fbi all lied to you the american people. that lie was perpetrated for

over three years. no consequences at all whatsoever. not an apology or a correction from the corrupt media mob. in 2020 it happened again. the fbi covered up the very real hunter biden laptop scandal. remembered they pre-bunk that even though they had it in december 2019 meeting with big tech and the lead up to the 2020 race weekly but big tech suggesting they maybe victims of russian disinformation. in reality, they knew it wasn't russian disinformation. they had possession of the laptop. they knew rudy giuliani would likely leak it. hence the pre-bunking. according to john solomon, he verified that the contents were in fact known by the fbi. the complete authentication at the fbi. at the very same time former fbi officials continued to suggest that trump was colluding with russia. what we know now, the durham

report, a complete and total farce. an investigation that never should have begun. now in 23 there is more election interference from our very own federal government. here is the doj with the fbi striking once again. stacking 37 charges against donald trump including violations of the espionage act for allegedly mishandling classified material while giving biden, just like hillary, a free pass for also allegedly mishandling classified material. even worse the fbi is trying its best to hide evidence of corruption against the current president. this is the big news that everyone needs to pay attention to. first, the bureau seemingly denied the existence of that 1023 document that senator grassley and james calmer are requesting from the fbi and christopher wray which reported serious allegations of bribery against joe biden made by what was a trusted and paid for fbi

informant. then director christopher wray refused to comply with the house of peanut demanding a copy of the 1023 document until chairman calmer was on the verge of holding christopher wray in contempt. we found out that the 1023 document ultimately produced to congress had redactions covering up very pertinent information. here is iowa senator chuck grassley describing that information. >> 1023 produced to the house committee redacted reference that the foreign national who allegedly bribed joe and hunter biden allegedly has audio recordings of his conversation with them. 17 such recordings. according to the 1023, the foreign national possesses 15 audio recordings of phone calls between him and hunter biden.

according to the 1023, the foreign national possesses two audio recordings of phone calls between him and then vice president joe biden. these recordings were allegedly kept as a sort of insurance policy for the foreign national in case he got into a tight spot. >> former acting attorney general matt whitaker will join us in a moment. he said these tapes could be cataclysmic. a cataclysmic event for joe biden. it almost seems like the fbi doesn't want to be investigated. i wonder why? keep in mind they have had this 1023 form for at least three years. so was senator grassley correct? did a barisma executive have 17 recorded tapes, 15 of hunter, two of joe biden then as vice president that he kept as an insurance policy? is the fbi in possession of these recordings?

or will they continue to shield and protect joe and hunter biden ahead of another election? all while prosecuting donald trump to the folex extent of the law. today on capitol hill the fbi deputy director did not have a lot of answers. take a look. sulack deputy director, is it true that the fbi has a report making those allegations? >> i will not comment on that senator. >> why is that? >> i will just not comment on information received. >> you oh an obligation to the american people to be candid about corruption by the president of the united states. >> this is an area that i will not get into, senator. >> i understand you don't want to. that is why people are mad at the fbi. you are stonewalling and covering up serious allegations of evidence of corruption from the president. >> multiple courts have uncovered extraordinary abuses perpetrated by your agency. you are at the same time

concealing information about serious allegations made against the president of the united states even as your institution also targets his chief political opponent in an unprecedented way. >> can they not see how bad this looks or the double standard? or do they just not care? i believe they don't care. the only people seriously investigating joe biden are members of congress. that is calmer and jim jordan's committee. he issued a new subpoena for hunter's barisma business partner devon archer pictured here playing golf with the big guy himself joe biden. keep in mind hunter's cushy job on the border barisma with devon archer is the focus of these very claims against the vice president in that 1023 form. don't be distracted by any insignificant forthcoming gun or tax charges that we here might be imminent against hunter biden. that is only the low hanging fruit. the real issue is being

investigated in both the house oversight committee and house judiciary committee. this case really isn't about hunter. it's about joe, his father, the big guy, the one who hunter had to pay half his income to pops and pay for home repairs for pops. and according to investigations by grassley, johnson and calmer as well as bank records, shell corporations that they have identified, texts on hunter's laptop. there is real evidence that the president of the united states sold out our country to foreign nationals and you the american people and all of us need to get answers. the fbi needs to stop covering for the president and stop putting cinderblocks on the scales of presidential elections. the first lady of the united states dr. jill biden said it is shocking so many republican support donald trump after the, quote, indictment. given the conduct of her son and husband she might want to sit this one out. i out also like to introduce to

dr. jill the document called the u.s. constitution where americans are innocent until proven guilty. but i guess the rule of law doesn't mean much to the bidens. here with reaction tonight former acting attorney general matt whitaker is with us along with the author of the trial of the century fox news legal analyst gregg jarrett and author of get trump, bestseller. harvard law professor alan dershowitz. matt, let me start with you. a cataclysmic event for joe biden? explain. >> this is a game changer. right now we have only seen the smoke. there is a lot of folks that believe joe biden and his entire family have profited immensely from the public service. this would be concrete evidence that would point to actual brya berry, actual payments from foreign governments to affect u.s. policy. that to me is an absolute game changer, sean. >> let me ask you professor

dershowitz, you had said that the republicans probably now have every right and obligation open on impeachment hearing about this. now we know the fbi director has not been cooperating with james calmer's committee. we know now that he selectively redacted information that was pertinent and key especially mentioning the possibility that there are 17 tapes held by a barisma executive, 15 with hunter, two would joe biden, as an insurance policy should something go wrong. i don't think he would hold onto tapes unless they were incriminating, do you? >> of course not. we still have to have the presumption of innocence even in the context. >> i agree. i want to know why the fbi has not been cooperative? >> they should be cooperative. if there is evidence of bribery, that is an impeachable offense

under the constitution unlike what donald trump was impeached for which will not impact peach both. there has to be transparency. that's why i want the trial of donald trump to be televised. i think today's here he should have been televised. we have to know how our justice system is operating. half the country doesn't trust our justice system. the idea that we have probably the most important trial in modern american history hidden from the public few will simply raise the question again, what do they have to hide. you talk about the about ism. i have a hole chapter in my book on what about ism. it goes back. it's not what about ism. it's equal protection of the law. the special prosecutor said there is one law that applies to everybody. but he was tasked only to target and investigate one person. >> let me ask you.

was hillary clinton treated differently? we just played james comey. 110 e-mails, 52 e-mail chains, eight of the chains top-secret. 36 secret, eight confidential but no reasonable prosecutor would prosecute. may i add, that is only 30,000 e-mails. that does not include the 33,000. he said in that same speech we were not able to see any intent. was their intent when hillary clinton use bleach bit to delete e-mails? was their intent to obstruct when they destroy devices? >> of course every case is different on its facts. that's why the special prosecutor should have been appointed. >> i am asking a very specific question. comey said there was no intent. >> i agree with you. that's why there should have been a comparative. there shouldn't have been assigned to investigate one person. they should have investigated hillary clinton, president biden, pence, sandy berger.

and then come to an assessment. comparing the cases and comparing the facts. then we would be in a better position. he had the chutzpah to say there is one law and it applies to everyone. he wouldn't know that. he only investigated one person. he didn't investigate a problem. he investigated a person. that is not consistent with the american approach to equal justice under the law. >> gregg jarrett, if you look at the timing of this, that was july 2016 comey made that statement. again, not really addressing the 33,000 deleted e-mails. i think we would call that obstruction. that was the same point they were lodging what the durham report said never should have been launched. that is operation crossfire hurricane. as durham pointed out, hillary was treated to one standard and donald trump another standard. he said very clearly that that investigation that dragged this

country through for three years never ever should have been open by the fbi. >> absolutely right. in fact, as i pointed out in my book five years ago, the very moment that james comey was clearing hillary clinton and he had no authority to do that, his fbi was actually meeting secretly simultaneously in london with christopher steele who was handing over the first section of his phony dossier. and of course we now know that the investigation had no credible evidence. the fbi knew at the outset that it was all phony and made up, invented b you are seeing a dual system of justice. selective prosecution. it wasn't just hillary clinton who was prosecuted. you've got james comey himself who wasn't prosecuted. he stole fbi documents when he

was fired, one of which was classified, that he leaked to his own attorneys who were not cleared for that information. was his home ever rated? was he ever indicted for that? of course he wasn't. same thing with bill clinton. he had all of those tapes as president trump outlined in his speech tonight. was his home rated? no. the department of justice defended bill clinton in front of a federal judge and said he had it right under the presidential records act to have those documents including classified material. trump's defense is going to be they will file several motions, challenging the indictment. they will argue that the governing law is the presidential records act which supplants a general statute such as the espionage act. >> last word, matt whitaker. we only have a second.

>> yeah, well this case is obviously a long way from the end. i will just point out what greg said is so important. the case law is very much on president trump's side. >> i appreciate all three of you being with us. matt, greg and alan. here with moderna is joe tacopina own. we are talking a lot about unequal justice and the law and lack of equal justice and equal application. if these cases are not related. they are related in so many different ways. nobody wants to talk about it, though. nobody in the media wants to admit it. they don't even want to acknowledge that they lied to the american people with conspiracy theories for three years and got away with it. it's all like we will move onto the next thing. >> listen, sean, what you just did, that monologue and series of clips you put together were so powerful. it was a powerful opening

statement as to why there at least should be parallel investigations. they are spending millions of dollars and all this time with hundreds of prosecutors investigating donald trump. anything donald trump. find the target and seek the crime. not the way it's supposed to be in this country. you have a parent real evidence by joe biden and his son. at least evidence that seems to be worth an investigation. we cannot even get that. that is what is so sickening to the american people. it is unconscionable for a president to indict his leading political opponent. that is what the biden justice department just did. joe biden kept classified documents. honestly, i thought they uncovered those classified documents in joe biden's garaged by his corvette witch look like a pile of garbage in an open area. i thought that was the day there was no further to do on the classified documents case for president trump. how could they look so ridiculous to indict president trump for the same thing that joe biden may have done?

i agree with what matt just said. the law is on president trump's side. the espionage act does not rule supreme and it's not going to apply at the end of the day. >> defense is not going to bring up, will they, how they treated hillary or joe, will they? i doubt it. >> the defense will bring it up for sure in a motion to dismiss this based on selective prosecution. that i will guarantee you. that will be brought up by the trump legal people for sure. they will file something that will show there is a selected prosecution to be made here. that is not before a jury. when we get to a jury the different question will be for todd and chris will be can they convince the jury that the law is on president trump's side. what the jury entrusted is what the law is. the law is on his side. what has been done here is

weaponization of justice system. we had this conversation a few months ago when we were arraigned in front of new york state court alvin bragg's case, a case in shambles. here we are again. they are not going to stop. get things seam to be happening on the left that gets a brush over. complete brush over by the media. it is really sickening. it's hypocritical, obviously. it's a scary day for this country. president trump is angry. it's the pendulum swinging both ways. is this the new norm where political opponents use the justice department which is not really there is to go after political opponents? >> we appreciate your comments. thanks for being with us. here with more on the breaking news and developments the great one mark levine. thanks for being with us. i know you have a lot to say tonight. >> a prosecutor that used the wrong law. i don't care how many former user prosecutors go on tv because they have a law degree

and think they know something when they know nothing. most of them have spent their lives as ambulance chasers. now i know why people hate lawyers. i don't blame them except for my wife and me of course. here is the bottom line. the espionage act have no applicability of this. tell me how many people have been prosecuted under the espionage act since 1917 who were president or vice president up until today? zero! lyndon johnson took classified information within. he had one of his aides keep it and put it in an envelope. johnson said not till i die give it to the library. the library got it and they were sitting on it for 50 years. they were told to involving top-secret information about vietnam and tapping the phone of richard nixon. nobody remembers that. isn't that weird? of course you have the hillary clinton example. hillary clinton was never investigated for obstruction. it's not even that they didn't investigate her. they didn't investigate her for

perjury. there was plenty of false statements. they didn't investigate her for that. the evidence is beyond anything we have ever seen with a former secretary of state. she wasn't even a former president. the presidential records act doesn't even apply to her. the espionage act i would argue doesn't apply to any former president or former vice president under the presidential act. why? it's called the presidential records act. people come on tv and said he needs to have the law apply to him as well as anybody else. no. it's called the presidential records act. he is the executive branch. he's the executive branch. he doesn't have to rely on some subordinate. here are the regulations and this is the way you do it, mr. president. his power comes from the constitution. he's the third branch of government. him, he alone. everything else flows through him. they created a president. they didn't create the cia or special counsel.

they didn't create an attorney general. they created a president. this precedent that people are talking about, people need to pay attention to this. this was an obama judge trying to help clinton in 2012 and the department of justice should know all about it and show should the national archives. it was the case involving the sox, the sock drawer and judicial watch. what happened? bill clinton keeps these tapes which had highly classified information on them in his sock drawer. which is a little different than sandy berger who kept them in his pants. nonetheless he kept them in a sock drawer. then he retires. he's a former president. judicial watch brings a lawsuit and says national archives, go get those. we want to see some of those. he gets in front of the clinton judge and what does she say? she reads the law. the presidential records act. not the espionage act. or clinton would be doing 50 years with his wife by now.

she reads the presidential records act and you know what she concludes? i tell you what she concludes. she says the responding agency, the national archives, the tapes were mr. clinton's personal records there for not subject to the presidential records act or the freedom of information act. the government's position was that congress decided the president and the president alone decides what is a presidential record and what isn't. this is why they want to talk about the espionage act and not the presidential records act. we had a legal analyst come on this network a few hours back and he said presidential records act does not apply. it's the federal records act. these documents were not created by the oval office. i said how much dumber is this going to get before it's over? it is what is in the possession of the president, not whether he created it or not. not whether the vice president created it. not whether the staff created. the president gets cia

information. the president gets dia information. he gets all kinds of information into the oval office. some of which he might create, most of which he doesn't. one other thing. i have a question for bill barr in particular who has been very poisonous. bill barr, why wouldn't the prosecutor seek a civil remedy if he wants to seek any remedy at all? why wouldn't he go to the court and say i need an order. order them to turn this stuff over under the espionage act? if the judge is smart the judge will say get the hell out of my courtroom. what does it have to do with the espionage act? maybe they are not so smart. maybe they are as dumb as the guy who signed the warrant event. they need three elements in order. what are the elements for contempt? you can say i order you to turn them over and you didn't. they go back and the government says hold them in contempt. civil contempt. a valid order exists clearly defining an obligation. the accused party has the

ability to comply with the order. they willfully refuse to comply with the order and are held in civil contempt. the judge can decide if one of the lawyers goes. you don't say we are going to move this as bill barr did stupidly. we will move this from the presidential records act to the espionage act. how did they do that? they decided to criminalize the case. this entire prosecution comes from the criminalization of the case. the wrong statute. the wrong statute. you know what they are doing now in america? they are beating up on the potential judge. she better be careful. she's a trump appointee. they know what they are doing. these people are fetishistic and marxist. that is what there. they use the wrong law. donald trump did not commit any crimes. he didn't obstruct justice or commit perjury. he didn't make false statements. it is the prosecutor. it is the attorney general who did this.

one other question for merrick garland. what the hell will it take you to appoint a special counsel against biden? allegations or bribery? 17 potential tips tapes. the attorney general knows all this. the fbi didn't turn this over without briefing the attorney general. i think its on the fifth floor where he sits and they tell him what he will do. the same with this prosecutor. the attorney general is the svengali behind it all. the attorney general is the svengali behind the attorney general. it's the long. no president has been charged with violating the espionage act. not lyndon johnson. hillary clinton was not charged. she was not even investigated for obstruction of justice. one last thing. i do have to give joe biden some credit. 1917 woodrow wilson was president president. he got this law passed and imprisoned 2000 people including eugene debs who was the socialist running for president. he ran for president from prison and got 6% of the vote.

wilson was a segregationist and races. joe biden was a segregationist and racist. there you have it. the former segregationist and races and a past segregationist and racist using the espionage act to try to destroy our country. by the way, illegal analysts are coming on tv. try to educate yourselves and look at history. obviously read the constitution. red the case law. be a little bit informed before you go on tv and make an ass out of yourself. i am done! the great one, mark levine. sunday night at 8:00 on fox. when we come back senator marco rubio reacts to the two tiered system of justice in the country as we continue our coverage.

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the medium mob had another meltdown today all because donald trump stopped at a café

in miami after his arraignment where he was warmly greeted by many supporters. fake jake tapper could not take it. overcome with righteous egg nick nation because he is so smart. he only got the russia hoax wrong for three long years. take a look. >> as we watch donald trump attempt to turn his arrest and indictment into some sort of campaign commercial. the folks in the control room, i don't need to see more of that. he's trying to turn it into a spectacle into a campaign ad. that's enough of that. we have seen it already. sack he has earned his name fake jake. here with his new book out today, decade of decadence. life liberty security and prosperity. florida senator marco rubio is with us. great book, by the way. i urge people to get it. your reaction to the events of today? i want your reaction as to the fbi being and cooperative as it relates to not only the document that senator grassley and james

comer wanted, but now the new information that there are 17 tapes that an executive from barisma had? >> first of all, this whole thing of today. isn't directly to what i write about in the book. what i write about in the book is the people in charge of this country decided that we lived in an era where it didn't matter if we sent our jobs to another country. didn't matter if we got rid of the factories. we can now make decisions on what is in the best interest of the global economy and not the best interest of america. it's okay to unleash this cultural war and hysteria that has now infected every part of our lives. none of it mattered anymore. now we are seeing results of it. we should be focused on the fact that not only has that happen concurrently while the decisions help to build up china. china is building spy bases. china is going all over the world undermining america and building up the military. that's what we need to be focused on. i agree with jake tapper.

it's a spectacle. the spectacle spectacle wasn't trump going to bursae in havana. this prosecution was a choice. there was something called prosecutorial discretion. the federal government uses it all the time. it's what they use not to deport people. it's what they used to release a bunch of rioters and thugs that burned down parts of the city in washington, d.c. they had a choice to make. they should have looked and said there is no victim here are harm that has been because. everything the alleged is true, which we don't know if it is. but even if it is there is no harm to the country but there is certain harm from this. this will deplete divide and really polarize our country doing tremendous damage to america at a time when we should be focused on the threat from china and the threat we face to greatness. we are subjected to this ridiculousness because it was a choice. a political choice by a prosecutor. that's why they chose to do this. >> they made other choices would joe biden and hillary clinton. it never made sense to me,

senator, that a vice president would leverage a billion taxpayer dollars demand a prosecutor be fired in six hours in ukraine until we find out that his son was on the board of the company they are investigating. they were investigating his son and him. now we learn that the fbi in fact has information from a credible source that they paid hundreds of thousands of dollars to and they have been hiding it from congressional committees your colleague senator grassley. what does that tell you, senator? >> it tells you the choices are all one-sided. they have a credible credible informant that came forward and they chose not to go with it. they claim they had a dossier that turned out to be fake and they chose to submit this country to three years of an investigation that turned out to be fake. they chose not to prosecute hillock rent and. they chose to charge sandy berger after he stuffed classified materials in his sock and stole it. not to charge him with anything

more than a misdemeanor. on issue after issue they choose not to move on these things. when it comes to anything republican and particularly trump they choose to go for a full. they are asking for a life sentence. the damage it is doing to our country is tremendous. they are watching in beijing and they are giddy. this appears like the america is destroying itself. we will do what we keep doing to take over the world. it's all because this is political. this is designed to make the choice that no matter what damage this causes the country it has to be done because we need to get this thing in place before the 2024 elections. it's a sad day for the country and a damaging day. all the giddy ppl on tv and all the hypocrites will rue the day it happened. it will be bad for our country. it could be presiding over over the search function of the greatest country in the world. >> senator rubio's book is in bookstores across the country and amazon.com.

thank you, senator. moore "hannity" straight ahead.

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>> sean: all right, unfortunately that's all the time we have left this evening and thank you for being with us and making this show possible. programming note, we have live audience shows tomorrow night, thursday night, tickets are

free, go to hannity.com for more information. and we hope you'll join us. by the way, please set your dvr so you never, ever, ever miss an episode of hannity in the meantime news all time anytime foxnews.com, hannity.com. in the meantime let not your heart be troubled. larry kudlow, the ingraham angle starts right now. have a great night. ♪ >> laura: hello everybody i'm laura ingraham, this is the ingraham angle from washington on a huge news night. just hours after pleading not guilty to dozens of felony charges, of course stemming from his handling of classified documents, president trump delivered what his team promised. defiant remarks to a ruckus crowd of reporters at his new jersey club. >> today we witnessed the most evil and heinous abuse of power in the history of our country. very sad thing to watch. a corrupt sitting president had his top political opponent arrested on fake and