despair. it's been a longtime commission of normalizes guy from day one of 2016 he was the duly elected president they get a second go of it in the meantime they lost touch with the american people they don't know what to do. >> my big four to walk to the present elect second term as a thetrump world order help reorit our relationships around the world after the disastrous for years we have had under joe biden. >> be sure to wash the cabinet vaccination series diving into trumps nominees for top positions in his second administration. it's available right now with new episodes airing every friday and fox nation.com i do infer that you should definitely check it out but does offer a starting next week and the big week and shall be two hours on saturday and sunday from 6:00 p.m. until 8:00 p.m. eastern. set your dvr if you cannot catch us live. "life, liberty & levin" is up next. ♪ ♪

♪ hello america i am mark kellyanne conway this is a "life, liberty & levin" sunday. the eve before inauguration 47th president. you and 47 and 45 you get 92. call her in my regular mention grover cleveland second term was in 1892 the only other president to up to nonconsecutive terms. thought i would tell you that, why? i thought it was kind of cool. we are going to have a fantastic inauguration and thank god we are. i want to remind you the efforts of the legal system by judges, by prosecutors the so-called department of justice which i called the department of injustice. they wanted to prevent this day. they wanted to prevent the

american people from being able to elect donald trump president they sought to put them in prison right until the 11th hour they're trying to smear donald trump with reports. to generate sixth report, 153 pages worth the biden regime, america garland these so-called attorney general. chuck smith the unconstitutional prosecutors skip town as fast as he can i put out a report condemning donald trump laying out how they would've held him criminally responsible part of it would've been convicted on and on and on. they would've been taken right into the inauguration. i need to address this and hopefully a final time but unlikely. enormous damage has been done to the criminal justice system by the biden regime and the department of justice and these people. tremendous and damaging to the rule of law, the justice system, presidential politics the dark side of prosecutorial abuse has been reached. you have seen its, the entire nation has seen that i

reluctantly conclude what is now beyond obvious. there is way too much power in the hands of prosecutors. way too much weight too much discretion in the hands their power keeps increasing and so it's going to be left to donald trump, pam bondi, kash patel to do something about it and something must be done about it. i want to read something to this is paul so important delivered by attorney general robert jackson april 1 , 42 ftr democrat, he had been u.s. solicitor the solicitor general of the united states he became attorney general later is an associate justice of the supreme court. 1945 he took a leave from the court the chief american prosecutor at that nuremberg trial this is what he said it is very, very important. i think credibly pressured.

he said to the room of prosecutors it would probably be within the range of that exaggeration permitted in washington to say assembled in this room of prosecutors, one of the most powerful peacetime forces into our country the prosecutor have more control of her life, liberty their the repn tand any other person in americ. his discretion is tremendous. he could have citizens investigated if he has that kind of person he could have this done to the tune of public statements in veils are unveiled or the prosecutor may choose a more subtle course and simply have a citizens friends interviewed. prosecutor can order arrests, present cases to a grand jury in secret session. on the basis of one sided presentation of the facts can call the citizen to be indicted and held for trial. he may dismiss the case before trial in which case the defense never has a chance to be heard.

does this all sound familiar to you? he may go on with a public trial if he obtains a conviction the prosecutor can still make recommendations as to the sentence as to whether the prisoner should get probation or suspended sentence after he is put away as to whether he's a fit subject for parole again what is the settlement to you? the prosecutors when the most munificent forces in our society when he asked from malice or other base motives he's one of the worst is that so i checked smith to you and alvin bragged to you? if the prosecutors obliged to choose his cases that follow follows hecan choose his defend. they are in is the most dangerous power of the prosecutor. he will pick people he thanks resin he should get rather than cases that need to be prosecuted. the law books filled with a great assortment of crimes of a prosecutor stands a fair chance

of finding at least a technical violation or the 1871 ku klux klan act of some act on the part of almost anyone. in such a case it is not a question of discovering the commission of a crime and looking for the man who has committed it. it's a question of picking that man searching the law books supporting investigators to work to pin some offense on him. it is in this realm to which the prosecutor pick some person he dislikes or desires to embarrass or select some group of unpopular persons looks for an offense the greatest danger abusive prosecuting power lies. it is here law enforcement becomes a personal the real crime becomes that of being unpopular with the predominant or governing group again sound familiar? being attached to the wrong political views or being personally obnoxious in the way of the prosecutor himself. in times of fear or hysteria,

political, racial, religious and social economic groups. often from the best of motives try for individuals or groups because they do not like their particularly do we need to be dense anddispassionate and courn those cases which you will subversive activities they are dangerous to several liberty because the prosecutor is no definite standards to determine what constitutes a subversive activity. such as we have for murder or larceny. he goes on. i was in office are apt to regard these subversive activities of any of those who would bring about a change of administration. some of our soundest constitutional doctrines were once punished as subversive. we must not forget it was not so long ago both the term republican and the term democrat were epitaphs with sinister meaning to do note persons of radical tendencies that were

subversive the order of things than dominant. when he closes like this. the quality of vote of a good prosecutor are elusive is hard to define as a mark of judgment those who need to be told would not understand anyway a sensitiveness to fairplay sportsmanship is perhaps the best protection against the abuse of power. the citizen safety lies in the prosecutor who tempers zeal with human kindness who seeks the truth and not victims who serves the law and not factional purposes approaches his task with humility. the late justice robert jackson. who describes jack smith, alvin brag and the rest of the reprobates. ladies and gentlemen you have witnessed this we have an imbalance of the prosecutor's power in our country right now and imbalance. prosecutorial discretion, the prosecutors decide cases,

individuals, crimes, please come in trials. they help to determine dictates what evidence they will or will not use. all encompassing power the prosecutor's decision's system make determinations on what police, federal or state will investigate. what the judiciary will do it part of the bill of rights will be used or not. they determine the prison capacity, which laws to prioritize or not. ultimately what is or is not socially acceptable? you have a massive breach even the all-encompassing discretionary power when you leap into politics, which is what we have witnessed. a massive breach of norms, of practice, of tradition. that is what l'affaire is right that is what was done to donald trumptrump and is still being do donald trump. the involvement of presidential elections were reduced to believe a presidential candidate

or a president was immune from such activity. again traditions and practices violated per the timing of cases we saw to create maximum political damage to donald trump charging documents filled with information we call talking indictments in order to influence injuries in order to influence an election and the public, in the media to political effects of this discretion witnesses which ones to use, grand juries, in jurisdictions, investigations which laws, the establishment and the enlistments of courts even the supreme court. dragged into this prosecutors abuse of discretion. you move from criminal justice and an enormous power to the criminalization of politics. that is we saw take place even more a special prosecutor more power than usual prosecutor they can focus all of the attention

on limited financial resources. unlimitedunlimited personal fbir prosecutors on one person, investigations, talking indictments, talking motions. political investigative techniques, swat teams sent to the president's home for maximum effect as he is preparing a running for president of the united states so now we have a report ladies and gentlemen checked smith have to drop his cases against donald trump because we have half a century of policy by the department of justice federal department of justice and the prosecutors can interfere with the sitting president richard donnell trump will be in ours they could not continue their cases. they tried, they rushed, they cut their favorite judge of the supreme court intervened and said no we've got immunity. no we are not going to rush but they did it. everything move the calendar, and wanted to get to trump they want him convicted they wanted him to lose it. they want him in prison.

but they failed. itso now the last slight a repo. if you are a private citizen in the prosecution is not completed until the end, or under any other circumstances a prosecutor does not get to issue a report. the prosecutor speaks in court. the job of a prosecutor is to do justice on behalf of the public. it's not to do injustice track down and hunts a presidential candidate and tried to prevent them from becoming president of the united states even now to reports to be released they released right before the inauguration. two triton smear donald trump, undermine his presidency. influence the reporting of the day. jack's mick the jack ripper of

government. the jack the ripper of the law we get this report unheard of in other circumstances. in fact utterly unethical in every other circum circumstanced argue especially here legal, ethical, and due process protections all rejected because the prosecutor said i would have convicted. i would have convicted him if i had the chance he was a dead man walking. prosecutors don't get to do that sort of thing. they do not get to exercise that kind of discretion. they claim to be judge, jury and executioner. a complete violation of our traditions, our mores. goes all the way back 1000 years ago to the magna carta. this regime, this department of justice, this prosecutor, this of violated 1000 years of the growth of our justice system.

up our due process system, of our legal system. they tried to do this to affect the election. the office of the presidency, the inauguration. no administration will be in a better position to do two things than that trump administration under pam bondi. one, hold those who soak apprehensively violated our justice system, our norms, our practices accountable. starting with a comprehensive investigation of everybody's role in everything they did if we are going to get our justice system back for you and meet mr. number two, a full investigation and examination of a prosecutorial power at the federal level because it is out of control. it's not what it ought to be. these prosecutors are way too

powerful for these federal prosecutors state and local too but there's no authority there for this administration including the extent to which it is now, completely out of balance in our legal system. completely out of balance. justice jackson gave us the warning. it is here and it is now. l'affaire is conclusive evidence the out of a balanced system when prosecutors have this kind of power to reach into the political system to reach into the elect oriole system in the various states, to reach into a presidential election. to reach into a presidential inauguration. that has got to stop by january 6 is another perfect example all these innocent people who did no violence. complete out of a balanced discretion of prosecutors. they have abused their power. the division of a power the separation of power exists

within our justice system is clearly morphed in a way that's utterly unrecognizable. i'm not talking about adopting all that nonsense the aclu and liberals and the rest of them are talking about. i am not talking about that. we need an honest thorough look at the out of whack discretionary power of these federal prosecutors they are the most powerful public officials in our republic. none of them are elected. the judicial system is not armed properly to control them they have way too much power. way too much discretion. and so on the eve of the inauguration of the 47th president who was a great president who will be a great president the department of justice needs to make sure this never ever happens again. the utter imbalance of the power of the prosecutor indeed needs

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mark: welcome back america where is america's wise man victor davis hanson.

you know folks a very much when the victor davis hanson on the eve of the inauguration. i cannot think of anybody more relevant, more important to help some things up for us. victor davis hanson is my contention if we were not able to elect donald trump present of the united states let alone by a landslide would not recognize this country and another four years and now have an opportunity to truly save the country and to begin to breathe life back into this republic. what say you? next i agree. your time at the abuse of the prosecutor's role in our society what was very disturbing, it was not just the federal it was three to 60 degrees but a couny prosecutor in georgia. he had eight municipal prosecutor in manhattan. had the state attorney general and then you have the federal prosecutor. they were coordinated for any willis legal counsel was sin, nathan wade was meeting and

mr. cho angelos who number three person in america garlands department of justice. he came out of the leticia jameson prosecution went back to help alvin bragg. all of that transpired right when jack smith was appointed. you get the impression it was coordinated. and then we forget, we look at the actual cases and they did a lot of damage to donald trump. there is a lot more insidious the damage they ate up 20 months of his first term under robert mueller. try to destroy the actual operation of the first administration. and then the letitia james and the civil suit which was funded by a big bite and donor reid hoffman. they find him $85 million another 370, they were trying to bankrupt donald trump and keep them off the campaign trail. and then they used all of this and other insidious ways by

telling attorney gener generalss under indictment. sixteen attorney generals tried to take them off the state ballot. and then they conflated being charged with a felon, to being convicted to big sentence and just said he is a felon. that permeated throughout the whole political discourse. i have never seen anything like it. i hope it never happens again. mark: i think the department of justice under pam bondi's went have responsibility get to the bottom of this but i don't have any doubt there was coordination. in fact they do not have to on the phone or visit each other for there to be coordination they just have to watch what was going on, listen to a joe biden kept saying. they knew if they needed to do the democrat judges knew what they needed to do but the democrat prosecutors needed to know if they needed to do it. this was a complete assault on our republic. if we don't have a constitutional legal system we have no system. we are no different than a fascistic or other type of

regime. we are at tierney. there's an obligation to the bottom of this the very people involved in it, cheering it, funding it, promoting it telling us it's retribution we don't believe in retribution. republican summit legal analyst saint move on. you don't move on. this seems to be expose who is involved with it needs to be exposed. the prosecutorial needs to be fixed it's completely out of balance what you say? >> proof of the pudding is in the eating. not running for reelection had not been donald trump at all they would have never tried to try him a more importantly we know letitia james will never go after anyone else on that real estate con georgia prosecutor never go after anyone else on the phone call jack smith will

never go after non- disclosure their invented crimes they had the criminal supposedly targets in advance that's what's really scary this industry of trying to one person donald trump e posted existential threat to the bipartisan consensus in washington. are you going to go after people they knew if they are donald trump they had done to donald trump they would go after themselves. i think donald trump is not going to go after the individual people. after the principle of abusing the law and let the people who did it fall in place. they know it they did and that's why they are terrified to ensure

that terror when they were interrogating a pam bondi. mark: the forming chief of staff to attorney general none of us have ever seen anything like this. this needs to be addressed at cannot go by and we will move on on. this is a direct assault at the center of this republic. we co cannot have prosecutors writing the countryside who see this as a precedent. we cannot have the american people believe the justice system will ever be in the hands forever more of abusive prosecutors who basically go after donald trump imago after others. this cannot stand. the idea you can steamroll to the legal system, their ethics systems through our traditions and our norms and get away with it is simply unacceptable. there needs to be a commission that looks into this. i guess the bottom of it, has subpoena power that pulls these people under penalty of perjury in front of that commission gets to the bottom of this thing once and for all.

that's my opinion. when we come back a victor davis hanson what are you looking forward to most in a new trump presidential administration? we will be right back.

welcome to "fox news live." last-minute preparations are underway in the nation's capitol for present electrons inauguration. he is said to be sworn in at noon tomorrow inside the capitol rotunda due to dangerously cold weather. instead of an inaugural parade he will celebrate with supporters and capitol one arena. president trump is pledging to sign more than 200 executive actions on his first day back in office. call miss blanketing israel and gaza long-awaited cease-fire and hostage deal between israel and hamas takes hold. ninety palestinian prisoners were freed from israel as part of a deal that comes hours after the first three hamas held the hostages were released. they are said to be in good health 30 more expected to be let go in the coming weeks. israeli troops have also begun

to withdraw from gaza to a buffer zone hundreds of aid trucks enter the enclave. back to "life, liberty & levin." ♪. mark: welcome back america. victor davis hanson what you look most forward to and donald trump as president? why no one is is you have to look and listen to joe biden anymore put on the positive side we looking for? >> i'm excited that what he has reinvented the republican party and made it a party nationalists, fervor and middle-class. he is kind of destroyed the tribal woke up session and a fixation. when you see the ecumenical group he has got. i'm not a big fan of some of these people but when you get elin i love ilona mus about zuckerberg, baz's and all of

these people, it's kind of cynical they think he is the power. it reminds me that warden production board and world war ii got the head of gm and we got henry kaiser got henry ford built the bombers. these guys i really do believe they feel they could not go on with biting anymore. they're trying to censor what they said, regulate them to death they had a public spirit miscoded rfk. his people i don't miss is a group and like the idea trump assange level golden age eight renewal were going to get everybody involved and everybody with they do best we're going to turn them loose the government's not going to say no, you can do that that's against the rules go ahead. it got it existenial crisis wih china. let's find all this tal talent d bring them in. and turn them loose. you can see the democrats in 90 days and in the transition was

almost like they said, they got in the fetal position we can't do this anymore. we failed, come on take over. i've never seen the collapse of a revolution and the counterrevolution whether such a broad happiness, zeal, and enthusiasm. that's what i'm most happy about. >> impart is and also due to the nature of his election or reelection? reach into every part of the country in the bronx, reaching to the rural parts of the country, region two black communities, hispanic communities. white communities. as across-the-board increase in votes, the increase in support. i think people really want them want tosucceed, don't they? >> they empathize with him. they are trying to destroy this man every time they tried to destroy them it makes him stronger he has a sense of humor. he's in a garbage truck. he said mcdonald's pretty gaza

madison square garden the hulk hogan, speaker of the house, rfk, each one of those people appeal to a different section and united them. i had seven people come up to me who did not vote for donald trump and say i was wrong. i can see what happened it's the 11th hour and we've got a chance to turn all around and they are not all necessarily a maga supporters. he did that. that really speaks to his cunning, and his ability the upbeat way to enthuse people. i think it's a very exciting time in america. very exciting. kind of like writing it coming after carter it's more dramatic. mark: a transient down plate-disguise a genius but i don't mean a political genius, a business genius. he is a can do guy. when he says greenland, you really believe it. it is possible. he talks about the panama canal.

he is serious about that. i'm going to seal that border. he's going to seal steal that bd is going to put a wall on that border. he is a can-do guy. you are excited about it being a can-do guy. he is more than believable. the fact is he's going to do so many of these things he said he's going to do. if he doesn't he's going to point out the people in the way and talk about how we defeat them and overcome them. i think it is a brand-new day in america right now. >> it is. even when he's being less than serious but i don't know if he's less than serious when he said golf of america everybody got shocked. the message was the left changes every name it. the earl warren center, it is a fluid time. met the gulf of mexico and we have a coastline of 1700 miles on the golf. they have in 1700 miles. amy according to their logic it is our turn to equal play.

mexico got the message the real subtext. they get 63 billion remittances that have an open border pretty think that really got their attention. he's a common genius two. >> he really does it take some people time to learn about it. once you learn about it's not only entertaining, inc. and its brilliance, absolute brilliance. >> it is. mark: begin genius sets you my brother victor davis hanson prone to think everything is done in the career your lead up to this point. and after the president is inaugurated. god bless you. >> thank you mark. mark: we will be right back.

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♪ ♪. mark: welcome back america and were here with our good friend kevin mccarthy. kevin mccarthy, it's good to have you back on the eve of the inaugural. you have had a lot of influence

in this incoming administration i noticed. you were very active as a leader and then speaker and recruiting a number of people the present has recruited into his administration. in fact, there so many can't rebut who they are. who are these a matter fact? >> you think about it we won the majority of the first time in 2010 i was a recruitment chair. for the stars at that time was christie gnomic. the only person from washington she would not come in to campaign for her was me. lee zelle didn't he came to see me i told lee now is not the best time to write you should first run for the state house. he was upset with me he did go run for the state senate. i came back to him four years later that you need to run for the house now we picked up that seat. sean duffy hire member he was running against chairman of appropriations. i guy had been there since 1969 i tell sean let's rent a 1969 cart this guy has been here

before we landed on the moon the end of the day when the election came he would not run for reelection duffy came in. it's really great guys howard allled nick coming into congres. tulsi gabbard you don't understand this she and i would work out in the mornings together i attended her wedding. she's someone i thought we could pull over to the other side. look at the va there are many places here that worked very closely with the most important has spent more time with president trump i could not be more excited for this term. it is so historic. only the second president to come back twice. i feel like it's a lot like ronald reagan were going to bring those hostages are back. never would have happened without president trump winning. to have the knowledge of what it takes he will not waste one day.

mark: it's interesting from historic perspective and you step away from it and more time goes on we step away from it. i think this term is going to be so powerful. because they are not consecutive terms. he served for four years he has had time to think about he has time to plan for prettiest time to prioritize what he wants to do and who he wants to do it prettybuthas had all of that tio prepare. i don't think he was ever in doubt he was going to run again. he did and he won in a landslide the windows at his back. the american people wanted to succeed. he is hitting the ground running he is ready with his people. this looks to me like a pretty well oiled machine what does it look like to you? >> that's exactly right. i member sitting within the first time he won. i had not done the job before and sometimes they do not give him the best advice. you put a very good point he is better prepared that 10,000 hours. you know what else is unique in

this? the american public now sees the contrast between his policies and the progressive policies that sent us almost over the edge. you need not just a president with the principal and will to move us, you need the country to understand the differences. having the differences is going to make it more powerful. he's adding new people to the ticket. when i love every day is those who opposed him are now sitting there saying i am going to change it might business even because i have seen how far we have fallen. dei, or about to fall off the cliff. now, we were going to back to te foundation that we've that fabric that make america so strong that anybody can succeed but it is on your marriage and you have an opportunity that weight you have common sense conservative to go a long way. when the wo will become stable e

rest the world is served safer. talk to a lot of world leaders they are just as excited as when you see two america donald trump is reelected as president to bring stability especially push back from the axis of evil is trying to move around the world. >> is very well said. when we come back kevin mccarthy i think donald trump has the opportunity because of donald trump, to be one of the most consequential americans in history. the tipping point he won the election which was crucial running on substantive issues he ran against the left, the party, the media, academia and they're all on their backs. the people are rallying to donald trump they want him to succeed. this is going to be one of the most consequential presidencies in an american history. let's pursue that when we come back. we will be right back.

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♪ ♪. mark: welcome back america. were here with kevin mccarthy. you are enormously experience in modern-day politics you are also very much a historian. he studied the president's a pretty steady congress. we have talked about these

things. am i in right when i say donald trump has the potential if not the likeliness, to be one of the great consequential presidents in american history? >> you are one 100% right. let's play out a few facts for the american public. he is stronger today politically than any time in his political life. that means everything the democrats have thrown at him, he has beaten shown he is false. he does not have another term so he will not waste one day. in modern history this is the only time we watch the senate majority be larger than the house majority. you see the influence of the president. he is now the speaker of the house. he has a unique opportunity his influence will go beyond just being a president. you watch the influence that he has two correct these businesses that have gone against the first amendment. they are taking away their dei. you watch ivy league universities that have been going wait far to the left that

american public has woken up. not only can he guide us from a policy level, he can sustain and put america back on a track the next century could be hours. think about what he is doing. he springing the brightest people together. they may have oppose him at one time but this is a moment in time like world war ii. we have to have this manhattan project and others. how do we do things different with china trying to compete and partnering with russia, iran? this is a moment in time when america not only wakes up in the next century but it stabilizes. think about when it was reagan, thatcher and the pope. the redirection of the world he was able to create with the three of them. i feel that this is a moment trump has that. from an ai quantum. you think securing the border to make safer again economically were going off to a path of this debt is probably our greatest threat can put his back to a new

direction. i am so excited by this. his strong leadership could steer the house and senate when they went to get off on different tangents and bring them back. mark: so well said. massive challenges you talk about the debt. i've never seen anything like this before. that is so bad. the open borders that biden left a complete disaster. all these illegal aliens many are criminals, gangsters and all the rest of it pretty look at the foreign policy situation china is on the move. they are in our hemisphere. they have a bigger navy than we do. they are modernizing nuclear missiles on and on and on. they're very aggressive right now. they made it clear the going to invade taiwan. iran is on its back, i hope that's handled properly. iran can be defeated and we take out the nuclear sites the people in a ronald rise up if we stick with israel and allow them to do what they need to do. there is opportunities but there's tremendous challenges.

i will tell you what donald trump is a capacity to change that only the republican party but the country for the next 30, 40 years and put us on that kind of glide path. that is how consequential he can be do you agree with that? >> i agree one 100% when you think about it and talk with them he does not talk about older republican pa party he tas about america. he has moved a party that may be look to the elite to be a working person's party. you talk about china's moving who would not want to have elon musk next year, right? if you have to reframe the pentagon you do spend a lot of money but how can you spend it wisely? how do you make it like a silicon valley you're not spending a 10 million-dollar missile knocking down a 10-dollar drone. let's surpass them when it comes to technology. when you talk about that debt he's looking at it in a different way. bringing doge and fp wheezes that after his iraq after the soviet union collapsed with the

base alignment and recloser. this would take politics out of it let doge do their work and let them bring to the do their work and bring in the house and senate. i promise you put us on a better path. mark: and with the one 100%. i want to thank you for your contributions to this moment to comment kevin mccarthy. in the wonderful things you've done for this country and that you will do for this country. ggod bless you my friend. >> god bless you mark. mark: we will be right back.

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welcome back america, this is your constitution for we the people go to article two section one clause eight and you will hear the following before he entered on the execution of his office, he the incoming president shall take the following oath or affirmation, i do solemnly swear i will

faithfully execute the office of president of the united states and will to the best of my ability preserve, protect and defend the constitution of the united states. some people take the oath and don't mean it i think they have the other hand behind her back and their fingers crossed donald trump means it. he's been through hell and two assassination attempts, to impeachment, nobody, nobody has ever been through what he's been through and stands up there tomorrow and reads that oath with his hands on the bible and he means it. he's there because he loves the country and he wants to save it. he will have our support. i will see you next time with president trump and office on life liberty and love in. ♪