you next weekend, think of her joining us, have a grea is wee weekend. ♪. mark: hello america i am mark >> i mark live and thiberts is "life, liberty & levin" following the bouncy ball, remember that mr. producer. we don't have a bouncy ball. bouncing ball. if we did i would use it. because i want to walk you through something that nobody has done before so you will be

fully informed about what is taking place on the january 6 case in washington, d.c. and i think by the time i am done you will be shaking their heads in disbelief it will not be the usual static that you hear or the surface of a politics that you hear and all the rest but let's dig in and specifically i want to dig into the judge judge tanya chutkan. this is very important. let's start with the facts, with the law. there is something called the code of conduct for the united states judges, did you know that existed? so they have a code of conduct for the united states judges just as they have for lawyers and they have them for doctors and other professions and the judges are compelled to comply with. i am here to make the case that judge tanya chutkan is unqualified as a federal judge

to handle the january 6 case and in fact really is unqualified to be a judge of any kind. that is pretty harsh but it's exactly correct, here is the code of conduct for the united states judges. this is not optional, this is required. the judge must follow. i want to read some of it to you. and independent honorable judiciary is indispensable, the justice in our society, a judge should maintain and enforce high stakes of conduct interpersonally observe those standards so the integrity and independence of the judiciary may be preserved, the provision should be construed to further objective, deference to the judgment and rulings of courts depends on public confidence in the integrity and independence of judges, the integrity and independence of judges depend on their active without fear or favor although judges should be independent, they must comply with the law and should comply with this code. adherence to this responsibility helps to maintain public

confidence in the impartiality of the judiciary. conversely violation diminishes confidence in the judiciary and injures our system of government under the law. the canons are rules of reason, they should be applied consistently with constitutional requirement statutes, other court rules and decision laws in the context of all relevant circumstances. the code is to be construed so it does not impinge on the essential independence of judges to make judicial decisions. it goes on. i'm reading the relevant sections this is can into a judge must expect to be subject to constant and accept restrictions that might be viewed as burdensome by the ordinary citizens. because it is not practicable to list all prohibited acts that prohibition is necessarily cast in general terms an extended conduct by judges that is

harmful although not specifically mentioned in the code. actual impropriety of the standard include violation of laws, court rules or other specific provisions of the code. he goes on, canon 383, the duty under to act in a manner that promotes public confidence in the integrity and impartiality of the judiciary applies to all the judges activities included the discharge of the judges adjudicative and administrative responsibilities, the duty to be respectful includes a responsibility to avoid, or behavior that could reasonably be interpreted as harassment, prejudice or bias, the code of conduct for the united states judges. let's apply real clear.com julie kelly talks about what takes place on determining the date of the trial of the january 6 case and she writes in part, having gone through a thousand of the judges decisions with respect to

generate six defendants as well as the case involving donald trump she said chutkan has issued charged rulings and incendiary statements of her own while presided over 30 cases involving trump's supporters charged in connection with the generally 62021 at the u.s. capitol. she writes a review of thousands of pages of hearing transcripts which she did we know that chutkan has repeatedly had strong and subtle opinions about the issues at the heart of the u.s. donald trump the criminal case she is presiding over, these include republic assertions of the 2020 election was beyond approach, the januare orchestrated by trump and the former president is guilty of crimes. she is described january 6 as a mob attack on the foundation of our democracy and branded the issue at the heart of the case, trump claimed the 2020 election

was stolen as a conspiracy theory. these are all opinions have nothing to do before this judge and she spewed all these editorial comments and essays particularly during the sentencing. of the various trials. although judges often make comments from the fence, anwar chutkan's language against the gop nominee president in 2020 for the u.s. code that has recusal states and any justice or magistrate judge of the united states shall disqualify himself in any proceeding which is impartiality might be reasonably question, one reason to recuse is if the judge has demonstrated a personal bias or prejudice concerning a party. she has over and over and over again. at least one occasion chutkan suggested the court should've been charged for his alleged

role in routinely described as an attempt to overthrow the government on january 6 before sentencing christine pre-ola a trump supporter from ohio that pleaded guilty to obstruction of a official proceeding to 15 months in jail chutkan appeared to lament the fact that trump was not yet imprisoned. she said the people who mob the capital were there and loyalty to one man, not to the constitution which most of the people that come before me seem woefully ignorant, not to the ideals of this country, not to the principles of democracy, she said on october 28, 2022 it is blind to one person and by the way remains free to this day. chutkan accused matthew ms. oka another january 6 defendants over choosing trump and rejecting his argument that he traveled from texas to washington to engage i in legal political demonstration and chutkan declared in his october 2021 sentencing hearing

that he went there to support one man who he viewed had the election taken from them in total disregard but lawfully conducted an election of capital in support of one man not in support of our country in support of democracy, the case of robert palmer at sentencing chutkan said mr. palmer you made a very good point, the people who exhorted you and encouraged invalid you to take action and delphi have not been charged. that is not the court's positi position, i don't charge anybody and i don't negotiate plea offers anatomy charging decisions i sentence people who pleaded guilty or have been convicted. the issue of who has or who has not been charged is not before me. i don't have any influence of that. i have my opinions but they are not relevant and you are correct, no one encouraging everybody to take the capital has been charged as of yet but i don't think that means you should get a lower sentence.

there is so much. throughout the 45 page indictment, smith is the prosecutor repeatedly accused trump of promoting falsehoods about the 2020 presidential election. he could see the judge sounds like the prosecution for more than two months following the election on november 3 defendants spread lies that there was outcome determinative fraud in the election and he actually one these are claims were false and the defendant knew it but the defendant repeated it and disseminated them anyway to make this knowingly false claim appear legitimate and intense atmosphere of mistrust and anger any role in the administration of the elections, that is smith talking about trump. chutkan clearly shares that you on many occasions the judge has insisted the 2020 election was legitimate for leave added by the court system and disputed by trump that lies at the heart of

the case she is now hearing, ladies and gentlemen, there is case after case and sentencing part of these trials and plea agreements were chutkan comments on the election and comments on what took place and makes comments about trump, either directly or in an ambiguous way that is intended to raise the fact that it is trump and she's an incredible intent animus towards trump and she is supposed to be the judge, the judge set the date for march 4 for the trial, your sixth amendment requires that you have affected representation of counsel, that you are not just going through the motion and at the very end it says to have the assistance of counsel for his defense, what did the judge do, she cited a possible trial date, and possible trial date president trump lawyer was in court that day and he said to the judge that this day means

that my client will not get affected representation of counsel in violation of the sixth amendment. the prosecutors are talking about 12.8 million pages of documents, god knows how many videos and other information and that does not include the work that we have to present in testimony and so forth and by making the date march 4 you are giving us effectively five months to prepare with millions of pages of documents in a case the kind of which has never been brought before and constitutional complexity and not only that she picks the date right before super tuesday because she wanted to have maximum impact it is worse than that. we have a memo from the attorney general republican democrats, they say to prosecutors of the department there right in front of me we have them from

michelman casey march 5, 2008 we have one from attorney general eric holder march 9, 2012, loretta lynch april 11, 2016 they also the same thing politics must play no role on federal investigators and prosecutors regarding any investigation or criminal charges. law enforcement officers and prosecutors may never select the timing investigative steps or criminal charges for the purpose of affecting any election for the purpose of giving them an advantage or disadvantage to any candidate or political party this is the official position it has been of the united states department of justice for decades. so the special counsel purposely brings to criminal charges right in the heart of the republican primary in the presidential election working for the opposition party of president being biden for maximum political impact but it is

worse, judge chutkan goes even further. she said march 4, the date specifically intended to cripple donald trump's campaign by setting the beginning of the trial for the day before super tuesday. the most important primary day were republicans on the calendar, not only that judge chutkan jumped the line, the first federal case brought was the case that is in florida. judge cannon is in charge of that case weeks before judge chutkan set the trial date for march 4 they already set the trial date for the first federal case in may when she issued an order setting march 4 as the initial trial date is the second smith case she created great difficulty not only for the trump legal team violating the six amendment rights this is no reason to have this on march 4 or to have it this year. she intentionally undermine judge cannon may order for her

trial and all the issues related to the document case, she jumped in front. chutkan is extremely before the democrat d.c. jury as fast as possible and help the department of justice get a conviction so trump is printed for the rest of the election as a convicted felon he may have incredibly strong arguments on an appeal like her violation of the six amount like her violation in my view of the judicial called by interfering with an election purposely so like your treatment of the defendants and so forth that it won't be heard in time on an appeal to have it even impact on the election. so she knows she can do virtually anything at the trial, she wants donald trump ran as an evicted felon so reprobates and chris christie can run around rather than condemning in the situation that's going on in his too busy defending himself in

the court. that's exactly why past attorney general said you're not supposed to do that. i hope this all makes sense to you, the bottom line is this, judge tanya chutkan is absolutely not fit to be the judge in this case. she has already demonstrated that, she created a very diabolical situation by jumping the line in the first case we also know when she set that date on march 4 surety talk to the judge in the case in manhattan and surety made up her mind issues going to pick march 4, she is not a fool it does not mean she's a good judge but she's not a fool, she knew exactly what she was doing, denied trump and his lawyers the six amendment due process rights, denied trump effective representation to counsel it will appeal later, set a date that interferes with the trial date in florida, obviously i doubt she called judge cannon and fort election called the democrat judge in new york so

she jumps the line and she wants to get her case going first, she wants to interfere with the primaries as much as she possibly can, that is the date in on top of that she wants trump convicted of something so he is treated as a convicted felon by fellow republicans and democrats and of course the election that is judg judge chun you need to step down. somebody has the authority like the chief judge or the d.c. bar, she does not step down on her own then you need to tell it to step aside. this is the worst in the appearance of a conflict. it's a grotesque conflict. i'll be right back.

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mark: welcome back america we are here with the great civil rights. he also represented president trump of one of impeachment cases i want to talk about judge chutkan for a moment. it made the case study the date on march 4 violates the sixth amendment effective with representation by counsel, there's 12.8 million cases of documents and you have five months to prepare even the feds could not say that the ever had a case and five months was enough this is a complex case you have a lot of questions raised for the first time, complexity involving a former president and motion filings. she also sets the date one day before super tuesday the most important date in the election cycle in the republican primary and she jumps the line and already said her child the fridge may and i'm sure that

created a lot of chaos down there on the other case. my argument david shown, she wanted democrat jury, she wants one conviction and one of the counts so donald trump is walking around with the scarlet letter convicted felon so the likes of chris christie and others as well as democrats can say he's a convicted felon. what is your take on this. and some of her words a lady thinks too much, she's made clear this is good to be treated like every other case like every other defendant and she won't kowtow to election concerns and that sort of thing very defensively, it is not like any other case. there is a great public interest the government spoke about a public interest in a speedy trial rather than the defendant's interest. there is a greater public interest in the election and the democratic process and letting the democratic process run its

course. at a misdemeanor case in the same district set for eight months in the future not this kind of schedule the schedule is outrageous, nobody can prepare in this timeframe certainly not these lawyers. it is once more, unfortunately a political press is reaching another branch of government where it has no place. mark: i earlier read the code of professional conduct for judges and this would seem to me to violate it in multiple waves that is number one, number two she says as i together case whether it's athletes or anything else in the department of justice for several decades, democrat and republican attorney general have issued memos in march of election years, specifically saying this is not like any other case. you better make sure we conduct investigations that you do not interfere with the campaign and they go further you are not to charge people before a campaign unless you get a sign up by the attorney general of the united states himself.

they give warning after warning that this is different that you're not supposed to use the criminal justice system to affected election we have a prosecutor and the judge who are doing exactly that. >> i don't think you got the most recent memo if trump is involved ignore all previous memos for every other election. her 100% right in violates the fifth and sixth amendment rights and there's no possible way that you have the most important on counsel and due process in the fair trial to compel witnesses and he cannot sort out who the witnesses would be they don't know the exculpatory evidence of the prosecutor said they streamline things and made it easier is not for the prosecutor to decide what evidence the defense finds most important, the defense has to do the painstaking work of going to the evidence. i had experience with two members, couple of members of mr. smith's team in the d.c. process, i have a sanctions motion going against jp cooney the lead fellow and molly gaston

and were waiting a hearing because of the outrageous government misconduct in that case the judge said he is very concerned about the misconduct and he's concerned that they don't seem to be concerned but we have not heard the hearing yet. >> trump is a speedy trial on behalf of the government and the defender of the public, let's make that clear and you have a matter before one of these judges in the same district and they can't seem to get around to it. >> i got a case with judge chuck and and judge walton in another setting i'm sure if i judges but i do motion to dismiss and those are civil cases in important cases with claims and get over my clients had and literally motions to dismiss pending for over three years without any action on them. mark: may be judge chutkan can put that in front of her calendar and work that out. it's been sitting there for three years. this is a railroad job, that is all it is.

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and time is running out for the united auto workers union and the nation's big three unionized auto makers to strike a deal and avoid a strike and more than 140,000 auto workers will hit the picket lines at midnight on friday. if a deal is not reached, workers are demanding big pay raises and lump sum payments covering inflation issues from ford. general motors and other companies, and some companies say giving big settlements could cause higher vehicle cost . the two sides have made very little progress. i'm actually streamlining back to life, liberty and live in. welcome back americae back david schoe. a lot of my view unethical conduct going down first of all the indictment the prosecutor

can die or the grand jury can indict if you pick the grand jury here to follow certain rules, they published indictment against donald trump and 18 other codefendants in the morning before the grand jury even shows up in the grand jury works into the night in the indict the 90 defendant and what was in the court clerk's computer that morning. the question is whether the grand jury actually met as a injury or whether this is a prosecutor using the grand jury stressing and since it on secrecy rules it would be easy for any defense counsel to question some of the grand jury's as to what took place to address what took place right out-of-the-box. >> i think there are to be a full investigation of what happened we heard two or three different excuses on how the indictment appeared and was publicly posted on the docket

before the grand jury concluded their deliberations. i have never heard of that in my life, there has to be an investigation otherwise the grand jury process is meaningless and it's a constitutional process, i don't think it should be meaningless. it is outrageous there are so many issues that have to be raised there. mark: the report was releasably recommended indicting three united states editors. they finally release the rest of the report and this report is from the investigative grand jury in the usual phenomenon that they have a georgia and this is a injury in which the foreperson afterwards reported how unprofessional frankly her conduct and the others were during the course of it. anyways, the report that was released on friday actually recommended indicting a number of other people who were indicted and those include senator lindsey graham and perdue and loeffler, epstein did others and so a decision was made on a political level not to indict them but is outrageous it speaks volumes about exactly what the agenda was the agenda of someone comes in associated

with the republican party or donald trump indict them it doesn't matter what the evidence was necessarily to suggest that lindsey graham for example committed a criminal act in georgia strikes me as outrageous. this was a way the ultimate weaponization of the criminal justice process for partisan political purposes. >> this is an issue david schoen, if you could criminalize politics then you are going to be indicting senators and congressmen and governors and state legislatures and anybody else you can get your hand on the prosecutor of the opposite party because now if you are lobbying, speaking, if you're claiming there is fall selections in a separate set of electors so you can preserve your rights when it comes to the electoral college which was done throughout making history. if you will turn the politics of the rough-and-tumble into a

crime that is elected democrat d.a. and a city that is heavily democrat can use a middle justice system then you going to be indicting 20 people, maybe all the republicans, maybe the puerto rico two, you never know. this is a real scam, isn't it. >> is a complete abuse of our system and dangerous for the system. my ultimate point that supports your thesis and you made this point as effectively of anybody is the current move around several states not coincidently use the 14th to try to use section three of the fourth amendment to bar president trump from the ballot that is ultimate use of state-by-state partisan bipartisan abuse of our electoral system and the essence of democratic society. mark: is pretty funny at a base level section three of the 14th amendment that was ratified in 1868, the congress

is after the civil war did not believe in states rights after that point, the northstar had military presence, the army and states unless they capitulated to the north and the idea that they would've said you know what boys we want to allow every single state the power to keep anyone off the ballot if according to that one person in the state or that state legislature committed acts of insurrection or commission they never would've handed power like that to the state that is number one and number two we know what they meant by insurrection and sedition anyone who help the confederacy. that part of the 14th amendment died when the last confederate died that is the bottom line. david schoen, i want to thank you my man, you are the best. we'll be right back.

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mark: welcome back with the great treatment of the house judiciary jim jordan. it seems like the d.a. elected democrat d.a. in atlanta is answering to nobody according to her and that you folks in congress were we have a federal constitution that creates the house of the senate and so for forth, you have no authority when it comes to federal matters. let me explain this in the new can comment.

you have a d.a. interfering with the federal election. a federal election, d.a. who is using federal law in trying to create it into a state charge, you have a d.a. who is charging federal officials, you have a d.a. in the press conference made it apparent she had been coordinating with the so-called special counsel in washington, d.c. on some of the information that she decided to put in the grand jury indictment and you as i understand it mr. chairman you said we need to understand this, what exactly is taking place because without congress it's not right jim jordan there would be no department of justice and no u.s. attorneys and no special counsel and you have the judiciary act and to control the budget, correct? >> first of all we ask simple questions like your interfering with a federal election that is obvious to anyone that has common sense you pointed out. it of course did you use federal funds we asked the same questions to alvin bragg and he sued us and took us to court and

the court ruled in our favor and we got to depose one of the prosecutors working on the indictment up there a president trump, we asked the same questions of fani willis and she gave us an eight or nine page letter with all of her excuses and things that she put in the letter but the fundamental issues is the one that you raise, interfering with a federal election and i was the get about this today as you step back and look at this and how it's escalated, this is the part that is most rightly, it started with spying on president trump's campaign in 2016. then it was probably the special counsel in interviewing and imposing all the president trump family then it was impeachment one, impeachment two inner 13 months ago they rate his home, searches home in search mar-a-lago and it's not one, two, three, four different indictments, two by the state prosecutors in two by the federal council and as you pointed out it is a 14th amendment that they are trying.

the escalation and how they will go after this guy is truly unbelievable and of course all of it comes together with fani willis indictment were president trump in the 18 other folks in the crazy grand jury experience and now we learn that there was three senators they were taken about indicting this is out of control and you know it and no one is being clear explaining this to the american people that you have the piece that you wrote on the 14th amendment so on target and are crazy and ridiculous argument is. we try to get all the answers. the stuff as well. mark: i appreciate that comment underscore section three of the 14th amendment which is never even contemplate it to be used. insurrection, and sedition engaged in, last time i checked among other things, president was impeached twice as you say, the second time at his home in mar-a-lago they held a trial in the senate and it took no evidence, it was a perfect show

trial and he was not convicted so the one body of the united states senate did not convict the president of insurrection or sedition, he is not been charged with insurrection or sedition and he authorized 10000 armed soldiers to go to the capital to surround it to protect the people in their. no wonder he's never been charged with sedition and insurrection, they're hoping to go to the back door jim jordan the same party that hates the constitution, the same party that trashes the electoral college. the same party that wants to destroy our voting system, the same party that wants to stuff the supreme court, that party is trying to use a 14th amendment, a post-civil war amendment to stop trump from running in the prosecutor, you've got me going in the january 6 case he wants to use the ku klux klan law just not

donald trump, have you ever seen any insanity like this before? >> it is worse because the section of the 14th amendment section three that they're attempting to use mentions every single office you can imagine except the one that they're trying to use for this, the presidency of the united states. for all of the reasons plus the plain reading of the language it is ridiculous, this is escalation this is where the left is taking the democrat party and there's so afraid of president trump because we had in president trump commander-in-chief in a president of the united states who fought for america and fought for the constitution and fought for the things that he told the american people if they put them in office and all my goodness the left cannot tolerate that. this is why i'm for president trump and i hope these are next president. mark: jim jordan, when we come back i would ask isn't this bigger than donald trump talking about the constitution of the united states and if this is

allowed to stand campus be used over and over again i want to discuss when we return. we'll be right back. ♪ limu emu & doug ♪ what do we always say, son? liberty mutual customizes your car insurance... so you only pay for what you need. that's my boy. now you get out there, and you make us proud, huh? ♪ bye, uncle limu. ♪ stay off the freeways! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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mark: welcome back america. jim jordan, the democrat party has been trying to destroy the electoral system in the house, nancy pelosi becomes the speaker and propose h.r.1 which would eviscerate the state election laws, voter id laws, residency laws, everything else, then they attacked the electoral college of we didn't have an electoral college abraham lincoln would even elected president of the united states so they wanted to destroy the electoral college. democrats will be populated cities and coast that would run the country and everybody in between there would be no representation that's why we have an electoral college then there trying to stuff the judiciary with radical leftist like chutkan and others so we have really what is a national poll whethe rather than an indet judiciary and you can see that in the rulings and then they tried to twist the 14th amendment when it comes to

ballot positions and when it comes to the debt limit, they used the constitution and twisted when they can to advance their cost and getting knucklehead professors that won't say anything they need 125 pages to say nothing and now were supposed to agree to this. this is bigger than the moment is an edit war on our constitution of the republican rule of law. >> you did not even get to do what they're trained to do to the second amendment and what they've done over the last two years to the first amendment and god bless the judge of the western district of louisiana the subdivided administration was the pressure of coercion they were putting on big tech in an attack on first amendment free speech he went through 80 some pages of facts of the various agencies of the biden administration attacking her first amendment liberties. you are exactly right a

fundamental assault on the constitution of the bill of rights and the things that we cherish and make us the greatest country ever and that's what's at stake and it's all targeted president trump because they know he will defend what were all describing in the rights and liberties that we enjoy under our constitutional system. mark: very quickly, why does chris christie keep attacking the victim rather than attacking the perpetrator. all these trials and everything, we can't have a guy like that, isn't he basically giving aid and comfort to this entire effort. >> or do not understand or don't know why we won't stick together and fight the left assault on the constitution and what we've done the weaponization this assault on the first amendment right to speak, five liberties we have under the first amendment and most important is your right to speak and not be harassed and attacked by the government for doing so. if you can't speak you can petition your member of congress to redress your agreements and you can assemble and do the things, you can't practice your

faith, the right to speak and that's when the left was coming after the most and we caught them in all kinds of things. it is scary where it is going why we don't unite as a party and push back on that i do not get. i don't understand what mr. christy is doing but i understand or liberties under assault and we better stick together as a party to fight the radical left unfortunately controls the democrat party. mark: i understand what he's doing opportunism, jim jordan with the short time that we have left here's the big question the chairman of the judiciary committee, impeachment inquiry on joe biden, yes or no. >> yes i feel like we have to go there the speaker has been clear with evidence and facts weren't going to that level we will do that because as you know and you have a resolution that the houseboats on the majority of the house supports, the court understands when you're in this inevitable conflict with the

executive branch to get documents to depose certain witnesses the court understands the houses engaged in the fundamental constitutional activity the impeachment power, that's why impeachment inquiry is important for us to be able to get information to get the facts and the truth to the american people i think it's warranted and were likely to go there probably even this month, that's a call in the end of the speaker and i think is been clear i think it's about time for that. mark: can back who keeps bucking the system, i'm going to send him a pair glasses like that, that said you cannot afford to lose to be republicans if you think you have them all except from mr. bock. >> i think we will get there. >> jim jordan, thank you for your patriotism in all that you do, god bless you my friend. we'll be right back. ♪ age is just a number, and mine's unlisted. try boost® high protein

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♪ ♪ welcome back america pretty hardy probably heard by now 8:0y will be the new show and of course this time send to 8:00 p.m. eastern time but understand they are two completely different brenda shows the same long format interview process not a congo line of guests. apparently you like it as long as you like it i will do it. when you stop liking it maybe i'll do something else. but i want to thank you, the audience. you're the smartest of audiences here and on radio and elsewhere. we do not do surface level stuff here. we do substantive things i cannot thank you enough wherever i go people talk about the sunday show and hope we talk about saturday and sunday show up and want you to know our saturday show which begins next saturday our first guest will be thomas and icon. we also do think the folks at fox, particularly suzanne scott,

cooper, both of whom had to convince me too do a second show. but here we are were going through the same figure, the same professionalism in the same intelligence. thanks to the staff and crew of life, liberty, and live in as well. see you next week, tak ♪ ♪ ♪. trey: good evening thank you for joining us i am trey gowdy it is sunday night in america. two thirds of your fellow citizens believe our country is headed in the wrong direction. most americans are not optimistic about the future. most voters do not a repeat of the 2020 election. those surveyed do not approve of the job joe biden is doing as president now or the job donald trump did as president for two thirds of al