what you're saying? >> owes jerusalem cross if you believe it. >> hope this link i want to buy those shirts. quickset is a good idea. >> honestly the connotation of being linked to a swastika. how do you see a swastika in that? >> mass hysteria, flat out lies. they are hoping to keep gas lighting you. they're hoping somebody will buy it and truthfully the american people are really waking up. maybe thanks to x allowing people to speak their mind. >> we will see. the girls made those t-shirts a. that was it for us will see you back here tomorrow at 7:00 p.m. eastern for another big weekend show. remember choice dvr us if you cannot catch us live. it's great to be with you guys. we will see you again soon. all right "life, liberty & ♪ ♪ ♪ ♪

♪ hello america i am mark levin and this is "life, liberty & levin" saturday. we spent the show on jesse or, is anybody really give a [bleep]. we know of the illinois supreme court did. over and over and over again. i don't care a is that what you want us to spend our saturday evening together doing either a better idea of exciting fantastic spellbinding subject recess appointment. the only person on the face of the earth who can make this interesting is me. let's be honest. it's crucially important if you voted for donald trump you want donald trump to succeed you care about limited government you care about getting the bureaucracy under control it's

very important as nothing to with matt gaetz per se or any nominee per se. it has to do with the principal and the constitution and the issue when you have a newly elected president, he seeks to select individuals to fill major positions. he only has a handful there's a two and half million bureaucrats. a fourth branch of government they understood the need to be some bureaucracy the delegation of a law making the rights and 95% of the laws you have to live with, you can drive a car that uses a combustio is done by cons all o the sum by bureaucrats. the lawmaking power is not even in the legislature it's in the executive branch. separation of power power is beg destroyed. representative government has

discussed two of the great philosophers that your framers of the constitution listen too. no matter when it selected for this one a party and americo thanks that's great. bureaucracy belongs to them. the democrat party. when they come in they have a practice that practice is to try and meet cap them to try to destroy their presidency before they're even sworn in on inauguration day. that is to prevent the nominees and the positions of cabinet secretary into sub cabinet secretary positions. in order to run the bureaucracy and advance their policies that they ran on and on which they got elected. the democrats are happy with that. some liberal establishment republicans are happy with that. it's the surest way to destroy an incoming president from doing what he promised to do when he ran for office.

it is the surest way to undermine the american people be sure of the election outcome for projectile in a landslide is to prevent a present from having the personnel he needs to run the government. now, there may be controversial nominees for that is fine there have been in the past so forth and so on. we are talking at the democrat party, chuck schumer we are talk about some republicans who really don't want donald trump to succeed they like this big massive bureaucracy may have felt created they don't want to reform and that is the issue. jeff some time ago, writing at northwestern university law review as a law students.

he pointed out until 1961 the senate rejected only eight presidential nominees to cabinet positions. only eight. through the use of such measures the senate has achieved nearly unfettered ability to frustrate typical nominations. the recess appointment power has likewise evolved to allow the executive the ability to combat such obstruction there is change the appointment clause and the recess appointments clause both of which are in the constitution. i see some of her friends commenting and sing a saying sy to make donald trump docked stock that recess appointments that's going to destroy our liberty that's going to destroy separation of powers what are we going to do about this? the speaker of the house he better not go along with this. the appointments clause has been utterly changed and abused. and even before 1961 the recess

appointments clause has been used by presidents to push back separation of powers. it is an abuse of the advice and consent provision that enables senators especially the party opposite the democrat party in this case and some of these never trump or senators who are not up for reelection did not face the voters a few weeks ago. to thwart the president and his policies and powering a massive bureaucracy to function as it chooses the status quo. that's why the democrats will shut down the government before allowing 1 penny to be cut from the bureaucracy or one employee to be cut from the bureaucracy. it's essentially there is they own it. the bureaucracy and so many respects we have a republican president yet reagan especially trump the first time in trump again the view their goal as sabotaging the agenda of the incoming president. so we have this massive bureaucracy that the framers never contemplated which makes

95% of the laws in this country of literate an in the idea of representative government and of course destroying separation of powers. that is the problem. not donald trump and the recess appointment clause. now i want to remind you why donald trump is sensitive to this issue. as politico wrote back in december 22, 2017 about 100 of president donald trump's nominees have been kicked back to the white house. one hundred for an unusually high number of vacancies across his administration and escalate in the senate long-running nomination wars. more than any modern president they decide to thwart donald trump's presidency. the senate agreed to keep roughly 150 of trump's picks for consideration next year carrying them over, it refused to do so at roughly 100 others according to majority leader mcconnell's office that means the white house will have to renominate them if trump wants them installed.

that will trigger a requirement that nominees paperwork have to be updated. in other words it's the slow walking, the handicapping of his nominees said the incoming president trump cannot really be an effective president. a gargantuan task for some nominees have been languishes in the senate for months. especially if the their net worh change dramatically because of the surging stock market. can object to allowing a nominee to be carried over. the phony constitutional who were concerned about the for most of the rejections republicans could also trigger some of them too. president george w. bush had just to picks return to the white house trump at over 100. definitely it violates the precedents in senator lankford sending back so many nominees that is just a sign of the time people are looking to be able to

slow the senate down even more that's making a bad situation worse. ronald reagan had a problem with this too they were trying to do similar things to him. his deputy press secretary at the time speaks, he issues this statement and i still think this is more interesting don't you? yes i think so. deeply displeased 70 key appointments being held up by democratic leader robert byrd this is assista assistant secre, ambassadors, federal circuit and district judges members of important agencies commissions and boards over 5000 mid level career military personnel alone or been denied promotions of pay raises. it is the largest backlog of presidential plums in modern history only to be checked by donald trump. he had the biggest you can see

the pattern the abuse is in the democrats or senators in general use the advice and consent clause, cripple an incoming presidential president or even midterm in the case of reagan they do not like how things are going trying to cripple him during the course of his presidency. president reagan did not evade the power to confirm the individuals he appointed had already been nominated before the recent senate recess. the senate had not acted on the nominations. those appointees were read nominated on the senator returned so the guts of this progress, or re re- nominating - filing papers and still sat on them just as schumer would still sit on them the president is supposed to sit there for a flop around like a flounder on the beach and hope the goodwill of these wonderful senators will come to their senses and do what they are supposed to do because it was never intended to be what

it has become. attorney general edwin misa january 5, 2012. he wrote as a former u.s. attorney general as did who wrote the piece with him and former office of legal counsel lawyer who provided advice to presidents and recess appointment issues. we have defendant will continue to defend the lawful use although originally conceived by the framers for a time in communicating with an sending back to the capitol it might take weeks is still invalid in a modern age but only as long as he senate is in recess. they were responding to barack obama who was abusing the so-called recess wasn't. so this donald trump we have to worry about him paid the speaker of the house, oh my god this dictatorship is actually coming true. recess appointments, since george washington 4000 different

reasons and in modern times throughout our history by every single president except william henry harris because he died a month after he was sworn in. has been used over a thousand times, over a thousand times. they want to believe donald trump is a threat these senators have a prerogative. they are not the only moment the constitution, senators abrade the president does to is called the recess appointments clause. when we look at this graph that i want to show you, you can look at modern presidents up to barack obama. you see franklin roosevelt is the clause 89 times. and by the way he had a democrat senate the entire time. harry truman 195 times, dwight eisenhower 193 times in the case of eisenhower heat uses a racist appointment clause for three supreme courappointment clause e supreme court justices. three supreme court justices.

he went back and nominated them for full confirmation process. but nonetheless that's what he did. jon kennedy 53 times, richard nixon 41 times, gerald ford 12 times, of course he was in office about four minutes but nonetheless. jimmy carter 68 times. ronald reagan has the record 243 times. 243 times. george h.w. bush, 77 times for it william clinton 139 times for george bush 171 times, that is a lot. barack obama who was abusing the idea of what a racist is, he had a 28 times. and so this is nothing new. it is not the end of the world. donald trump is looking for ways to carry out his mandate. he is looking for constitutional ways to do it. and so i just want to underscore this point because that media, do not know what they are talking about. certain commentators beat their

chest about how brilliant they are they certainly do not know what they are talking about. this is the reality the constitution does not being used as intended by the framers of the constitution. they are being used to cripple an incoming president of the opposite party or an incoming president of the same party with whom the establishment of that party disagrees. and remember again, only one third of the senate is up at any time for two thirds of the senator said not face the wrath of the voters this last time around. and so our president always has a need and the right to populate his administration. if in fact there is a nominee here and there we get it. but donald trump's experience with the senate is it was not a matter of here and there. it was a matter of oh, what we are going to block 100 of your nominees, what? and i can promise you he's not going to be able to get done what he needs to get done, what he wants to get done, what you want him to get done at the

senate continues to conduct itself this way. and a reminder this senate is responsible for so many other problems donald trump is trying to fix it. so, of course as i said earlier they are not going to want to reform themselves. not in the least. okay, we will keep an eye on this. i don't give up [bleep] about jesse. emergen-c crystals pop and fizz when you throw them back. and who doesn't love a good throwback? ♪ now with vitamin d for the dark days of winter. liberty mutual customized my car insurance

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mark: will come back america. where here is one of the foremost constitutional and there's a handful of them and gave il defense, former president trump attorney at a good friend of mine i might add. so david, we had this case that's bogged down in the gulags that is the new york so-called legal system. we have merchan holding on this for dear life he does not need to hear from the prosecution or anyone else for that matter. butts, the prosecution files papers as is among other things i have an idea do not dismiss the case. let's wait until trump serves as a presidency that we will revisit all the sentencing stuff

and so forth. the presidents lawyers are basically asking merchan to do the right thing. to an appellate court will in the highest court in new york. i mean, or do you think this is going and is this the way he would proceed? works first of all i do not trust a judge merchan to the right thing at all he should have recused himself from day one. he decided to keep it a thing for publicity purposes i have appeared before him i find him to be incompetent and insecure. but with an ego. this case perhaps to be dismissed there's no question about it. the october 16 memo from the office of legal counsel says clearly there cannot be any indictment or criminal process for a sitting president by the same principles ought to apply to principal elect out of the presidential transition act it

has the same priority of a policy and attention that's required and he's a sitting president you say that's only binding on the federal justice department. this is a state prosecution. the same principles underlying that memo sits with the judge on the d.c. district court those same principles apply tog articw professor, no fan of president trump has written the state constitution ought to be barred to help clinton let's say why the state prosecution ought to be barred for the same separation of powers interest during the civil war before secession with the southern states had decided we are not to indict abraham lincoln and taken to full trial we try him in absentia. you would not allow one state but the federal government that's a primary constitutional principle we sit in the voting kit we do not allow a state ballot access rules in a one

state to effect the rest of the nation for this part of what's going on here. the idea of carrying it forward so for years and how they can revive it is absurd. thirty-four phony felony counts hanging over his head the criminal process statement to the office even though a person day today involved with it it's hanging over his head. the conviction is confirmed from day one for many reasons. this reason alone it has to be dismissed both the immunity issue in this issue there's no

final judgment yet he has not been sentenced. those transcended the final judgment and option the president would have by the way is to waive the immunity, let them sentence him and appealed the entire thing get the whole thing thrown out. but that's a kind of distraction it must be avoided constitutionally cooks you made some great points we need to get to this issue if merchan does not dismiss he drags this on you can make an emergency appeal to the next appellate level in new york and moved to the highest court you are still dragging out the case for a president to be and the poiin the point is to gd you for the reasons that were in the memos you reference. i do not understand the hesitation however of people who do not want to try to go to the supreme court. ththorson the court can say is . the best they can say is what's taking you so long.

a rogue prosecutor a rogue state judge. if this is not an open and shut case, we don't want this to happen again. stepping on our feet about the supreme court about the presidency and the role of the presidency what took you so long i think that's what the justice would say we may well be right. this is a unique case. in the immunity case the court took the case its customers and iisfilled with caseload on the presidency is unique. there is an escape valve you

have impeachment process and all of that the presidency is unique. he embodies the distractibility they ought to take it a pass to go that far should not have to go that far about the appellate court and if not the get a federal court to intervene because there are federal issues involves your constitutional issues. mark: you do both at the same time but time is on the president side. you try to go to this new york appellate process with emergency appeal simultaneously ago to the supreme court, the supreme court takes it that kills the appeals and we go to district court what's the point you're going to work your way up that letter too? eventually is going to each of the supreme court the supreme court is going to have to decide this case i think it is a federal case now. on whether or not this state judge has authority to have any

say in this whatsoever for all the reasons you so eloquently stated. we are going to be right back and i want to get into it with you the international criminal court what this rogue anti- somatic america hating, jew hating left wing court is up too. we will be right back. i won the lottery with jackpocket. press the button to order your lottery tickets.

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now back to "life, liberty & levin."

mark: welcome back america we are here with our friend david schoen. the international card has no jurisdiction in the united states or israel it does not have the power to say okay, we have jurisdiction over this country, this country, this country of the country says no you don't, then you don't because countries have sovereignty as we know it. now, and international criminal court you have these corrupt prosecutor who brings these charges against benjamin netanyahu and their former defense secretary in effect he never visits gaza he does not visit israel. he is no on-site he doesn't do into any interviews. he makes a rush to charge benjamin netanyahu and defense minister. here's the problem there's reports out there some of these terrorist sanctioning countries have funded this through south africa, also the idea the prime minister of a democratic nation,

that is under attack as i speak, but ironic, by the houthi, by hezbollah in the palestinian authority and i might end by the biden administration in some respects you are now going to issue three judge panel. i do not know who these guys are nobody does. criminal arrest warrants of benjamin netanyahu travel to france or something like that they can literally arrest him and put him in prison. isn't this outrageous? shouldn't the united states government do something serious and significant in terms of sanctions with this organization? >> absolutely. it's a completely corrupt kangaroo court. i hate to use the term court in relation to it. it is always been this way frankly one reason the united states has rejected and israel rejects it but there are countries even friends of ours who have set up the issue an arrest warrant they would execute it. that's also reprehensible.

there is nothing legitimate about the court. i have a lawsuit going against trying to strip their charitable status and so on. funding by terrorists as you say coordination with terrorists we are now just learning about iran funding through south africa, the icc action, it aptly reprehensiaptlyreprehensible thr anti-semitic, anti- israel from start to finish. there's no sense of justice about in the of it. they fill the reported lies in produce of the dissenting opinion at least in the original case came out. the judge from africa took to task over. i'm glad to see the incoming trump administration is spoken out strongly against this decision say the least serious action taken against them. even the biden administration at least give lip service to condemning the unlawful decision. mark: he by demonstration could do more it can agree to sanction the icc the house of

representatives under the republicans have passed a bill to sanction significantly the icc jew who is holding up in the senate? chuck schumer. chuck schumer we are told is the first jewish majority leader in the history of united states senate. he's holding up it was pass and house of representatives to sanction the icc that just issued criminal arrest warrants against the elected prime minister of the only jewish state in the world. joe biden issues a statement. it's a great statement but does nothing about it. you and i both know that when donald trump was president he wore in the icc if you take any action against the united states or any of our officials if you take any action against israel or any of our officials you are going to the date we are going to respond. right now i don't see us doing anything but why would chuck schumer and the democrats be stonewalling us to have any

idea? let's undercut repeatedly over the last year end report to the biden administration pandering position to the hate squad and that whole crew bernie sanders even. he saw the resolution bernie sanders tried to pass this week cutting off arms sales to israel. these people are sick but chuck schumer is a particular disappointment remembering the impeachment trial i would ask for the sabbath offer my observance he came up and introduced himself to me told me how he agreed to comes from the term watchmen and all of that seems to be proud of his judaism in one sense he is undercut, us insulted and offended prime minister netanyahu state of israel any friend of israel it's really a disgrace i'm very sorry to see it. mark: the issue this arrest warrant knowing that donald trump is coming into office for the rushing to these thin the se biden regime is still in office because they know that a new president is coming to town and

he's not going to put up with this. neither any of his appointees. the incoming majority leader, finland, has been explicit in his confirmation of this. we point us in a very important part in the other day 18 senate democrats, 18 led by dick durbin and bernie sanders, 18 and voted to cut the $20 billion in arms sales to israel that was already approved in the middle of the war prove. the same democrat party is funding directly and indirectly through lifting sanctions what a disgrace. and notice they do it david schoen after the election not before. david schoen want to thank you for everything you do but you are a tremendous lawyer, a great friend and god bless you my friend appear quick thank you, god bless you and thank you for having me on. mark: we will be right

mark: welcome back america. we here at the americas at weisman art dear friend victor davis hanson senior fellow case for trump a great book. victor davis hanson, there seems to be a change going on. hope ithope it's not superficiad temporary in the media that some of these massive media conglomerate corporations that have these platforms like msnbc and cnn and all of the rest of it, they are starting to look and say wait a minute, do we really want to be attached to this? the american people came out in a massive landslide for donald trump. and our people come on these networks, these hosts, these shows are so out of tune with the american people that their ratings are sinking and income is sinking juicing there's a mini revolution going on in the media with these people? >> yes i think there is. it's part of a widespread backlash against that media, against pollsters who gen up polls and dishonest fashion we

saw that with the iowa poll to create momentum when it wasn't there. when joe scarborough have told us an unequivocal terms that donald trump is a fascist, he is hitler and the goats eat donald trump to make peace it's like they're going to the bunker or something. you look at joy reed and she spouts all of that racism and every time she speaks the audience gets smaller and smaller comcast is thinking about dropping a lot of these networks. and though we had hostage and go in life on matt jakes wh jake'st d.o.j. had brought the case for it within three minutes someone spoke to her she had to go back and apologized basically and say she was improperly accusing him of something he was not found guilty of. she never would have done that a year ago. but look at the public opinion. they say the future does not look good.

the country is moving through the counties in california and flipped red. in new jersey we lost -- not only won by five points for the trend is not good. and then we cannot but the message to cnn, msnbc people there doubling down and losing us money. thethey're not like and obnoxio. i think we are into a huge redirection and backlash. they don't stop. they continue to do it it's almost like a religious cult they are preaching choice smaller and smaller audience. they are not speaking for their constituency that cuts the legs under the whole di project. they do not have popular support among the middle classes of any race. mark: i will be honest with you, victor, i did not really see this coming. i figure these massive conglomerates did not care if the news of platforms made money or not they were an irritant or

not yet the market system really does work doesn't it? viewers are leaving these platforms in droves. they're not making any money. the hosts are becoming an embarrassment to these corporate executives and so forth. look at the washingt "washingto" was fairly liberal. they would got to bring balance to this newspaper because they are losing subscribers left and right. in l.a., the los angeles times the owner of that paper says i've got to fix this. i fired the editorial board. is this something? you've indicated you think this is a real groundswell. is this something that could last? >> yes, i do. this election is about the people who lecture and the people who are lectured to. people said i'm tired of it. i do know is he ri here in my gs stove. i'm not racist i do know at the

top of the statute i do not want to flesh my pronounce it was a cultural 24-7 revolution. you can see when donald trump walked in with a die die boost group of people. that sent the le since the lefta frenzy how they get the middle class i think the freakeg they project and they know joe biden weaponize the d.o.j., the fcc, all these agencies against his political enemies. they are thinking that if they took power and suffered what trump had from them, they know what they would do so they project onto the trump administration. he is going to go after all the people who libeled him, which allow for including the media. i don't think he is. i don't think he's ever done that. that's what they think is going to do so put them in a panic. >> the guy who went after that meeting at the time that media

were squawking about it was barack obama quite frankly. when we come back victor davis hanson let's talk about the democrat party particularly at the top. do you think they got the message? these radical revolutionary parties never seem to get a message. they just lay in wait, commit acts of sabotage or wait for another day to pounce. i would curious to know you think about that. we will be right back.

mark: welcome back america. record victor davis hanson. so, victor davis hanson, to pick up where left off do you think the democrat party is capable of performing itself or do you think it's lying in wait prepared to sabotage it trump what they tried to do in the first trump term and then help they can build from that question are. >> i agree with the latter point you are making. it's going to take a midterm defeat. they feel they can wage aloft there again or they can continue to print even though they know in their head it didn't work and

in their heart they think we did not try hard enough. we did not win the election because we were not made enough, we were not on message enough, we did not have enough money we were outspent. they did not look at the message and the real message is no one i wanted what they had to sell the border, or afghanistan, inflation or crime and they cannot change that. i don't think they can defeated a second time. but government tried this before and 72 he was wiped out. they will with carter and he barely won. it took reagan eight years to destroy the hard left and then they came back with bill clinton who feigned the idea he was a moderate. i think they're going to have to suffer another defeat or two before they get the message. i really don't think they're going to learn willingly or they want to learn. think they're in a combative move. mark: i think you're one 100% right a lot of people the country do not understand the democrat party is it is a revolutionary party it's not

your normal western party the things it proposes, the destruction of serious elements of the constitution, the filibuster rule, packing the court that is still in their minds. they have a repudiated any of those things. which leads me too my next question, which is this. you've got chuck schumer leads the senate, hakeem jeffries leads the house of representatives. do you think they're going to show ankle relatively soon and their opposition to donald trump or do you think they're going to play the game is to be what to do things in a bipartisan way will they try to stab them in the back? >> are not even going to make an attempt to hide their opposition they're going to be overt they're going to increase, increase, increase were going to see that pretty soon with some of these confirmation hearings. you are right there's been a three to 60-degree they want to change names, change pronouns, it is not just politics with

them. they view america was wrong at the beginning it got worse and its maturity and it is awful now. they want to have a complete social political economic revolution. this is not regular democrats. they want to change the way we live, how we eat, what we think, how we communicate, what are the sex, we who should compete in sports, what we should watch, what we should say. they have a whole agenda for us. i don't think they can give it up. they have to be repudiated and defeated the insensible democrats have to say they did this to us. maybe some of the media are starting to see that a little bit. but they have to be a political counterpart to that. for someone other than schumer says these people ruined this party and they lost us the power they've got to get out and we've got to think. but i do not think we are there yet. >> you know also i'm starting to

hear that donald trump did when the popular vote, he won the electoral college substantially. he basically won every corner of the country in a more significant way than he had one before or if he lost them he gained the support including right on the border on tales that are 75 or 80% hispanic party won them overwhelmingly. they're one thing to have a rag in a landslide with different demographics, different things going on. but the trump landslide there is no doubting that in modern days this is a real big serious landslide. all the battleground states you talk about counties in california, you talk about new york some of what he won was remarkable. same in new jersey there is a massive landslide is it not? >> it is. the reason it is, every single issue he ran on fo from immigran

to deterrence abroad, strong support of israel to stop the rising crime, hyperinflation they were pulling a much higher than even trump. trump. sixty or 65%. what people were waiting for it was a messenger who get this message they really felt strongly about but would not compromise and that require somebody to be very controversial, combative and say you may not like me that is what trumps role. may beat the landslide is far greater than the electoral college is on the message. the message was overwhelmingly a landslide. mark: brilliant point victor davis hanson prin pray don't yok you as always. god bless you my friend, have a great thanksgiving. >> thank you, same to you mark. mark: we will be right back. patients who have sensitive teeth but also want whiter teeth, they have to make a choice- one versus the other. new sensodyne clinical white, it provides 2 shades whiter teeth as well as providing 24/7 sensitivity protection. patients are going to love to see

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welcome back, america. colonel robert f kennedy junior. i know about him, i've listened to them for a long time. never had him on the radio show, i've ever spoken to him. no text, no e-mails.

he's never reached out to me, perfectly fine. nothing wrong with that. i've been watching carefully talking about big pharma, processed foods and so forth and so on. i just have one message for robert f kennedy junior and it's a serious message. keep your hands off my mcdonald's french fries. it's not simple. don't cost me. i'll see you next time. i'll see you tomorrow night, sunday on life, liberty and levin. ♪ >> welcome to one nation, thanks for dating early or late whistleblower notice talking about immigration problem for kids are gone missing, tried t