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♪. mark: hello america i am mark levin this is "life, liberty & levin" saturday but thank you for being your two great guests mollie hemingway and peter schweizer. were going to dig into the biden crime family. but before we do, no country can survive open borders. no country can survive the kind of immigration quote unquote policies that we have. and we won't. donald trump is coming with you before anyone else is talked about securing the border he's talked about chain migration he has talked about open orders and he is talked about what else? birth right to citizenship while birthright citizenship doesn't sound like it is a right? what is birthright citizenship? where does it birthright

citizenship come from? what kind of a country would purposely have something called birthright citizenship? we have it. who put in place? who passed it by the vast majority of countries stay tuned no waiawait you cannot foreignes walking into your country having children and all the sudden they're automatically citizens that is insane they can bait citizenship under their own children by claiming jurisdiction by setting foot in your own country that is insane. i got into this about a month ago to think too many people may been watching football at the time. i want to address it again. it is front and center i am watching reporters who have no idea what they're talking about. i'm watching supporters of every everyday out there talking about but they a they're misinformingd intentionally so. i am watching the usual legal analysts all over cable, all over the networks. i'm watch them on sonograms and airport radar wherever they can

get a gig miss leadi misleadingt lying to you about the whole subject. we are going to do this printer going to paint by the numbers make it very understandable. this is your country. despite what the "new york times" said a few months back, no. people do not the right to reshape our country. to change the citizenship to change the electric. to change the entire culture. we elect people week, the american people the actual citizens of the country to represent us. not to represent foreigners. this is completely upside down. let's take this by the numbers. the notorious supreme court decision in 1857 called the dred scott decision. that helped precipitate the war. it held no black person of african descent could be an american citizen. even if that person was a freed slave.

so black people in america had no ability to ever become citizens. it was an outrageous decision based purely on the race of individuals. it wasn't unconstitutional decision by the u.s. supreme court. after the bloodiest war in our history, over 700 casualties, every corner of the united states affected north and south. when that war was over in 1866 the republican-controlled congress passed a federal civil rights law this civil rights act was the precursor to the 14th amendment. to reverse the holding in the dred scott case. that is, and i want you to listen very carefully to this. because this is the relevant parts in the 1866 civil rights

act the first civil rights act all persons born in the united states, not subject to any foreign power, excluding indians not taxed which we do not need to address right now are hereby declared to be citizens of the united states and not subject to any foreign power. it was a basis for the 14th amendment for the 14th amendment for the 14 the memo was adopted by congress two years later an in such of the states was ratified so the republicans rightly decided more than a statute was needed. so, as part of the post- civil war constitutional amendment 13, 14 to 15 amendment they drafted that 14th amendment which among other things enshrined citizenship for black blocks of

african descent into our constitution. that states therefore by adopting these amendments would apply it to themselves as right as the entire nation you need three fourths of the state some states were resistant. some of these southern states or resistant. she went there told you're on your own and so they did three fourths of the state you heard it iin the 1866 statute it's the precursor to the 14th amendment. in 1868 by congress for the 14th amendment. all persons born or naturalized in the united states subject to the jurisdiction thereof. subject to the jurisdiction thereof are citizens to the united states when a states that they reside. this seems simple enough.

let me buy subject of the jurisdiction they are? some big time sunday hosts on other networks have specifically excluded the language subject to the jurisdiction donald trump issued an executive order he wants to eliminate birthright citizenship, why? you want to protect the nation. he wants to ensure the viability for the next several hundreds of years. he wants to secure the border he does not believe it's his job are the people of the job we elect to change the makeup of the nation and certainly not to do to the back door. so, what did they mean subject to the jurisdiction? we actually know. the then chairman of the senate judiciary committee way back then here is what he told us quote subject to the jurisdiction thereof meant not owing allegiance to anybody else.

subject to the complete jurisdiction of the united states. so, let's say you come here and you come from mexico. you have a child in the united states. under this amendment they are not automatically american citizens, why? because mexico recognizes that parrecognize thatparent as a me. mexico recognizes that child's as a citizen of mexico where there is not pure allegiance to one nationstate. we've got will more than one nationstate. senator jacob powered the author of this citizenship clause in the 14th amendment explained jurisdiction meant and allegiance to the united states. not just a presence of a baby that is born and allegiance to the united states. not mere presence in the united states he pointed out that it will not i'm quoting him, of course include persons born in the united states who are

foreigners, aliens who belong to the families of ambassadors or foreign ministers are credited to the government of the united states. could they be clearer? no. there is absolutely nothing, nothing in the language, the text of the 14th amendment citizenship clause that confers universal birthright citizenship. there's nothing in the legislative history. they cannot quote a single person, nothing. either in the 1866 civil rights act or the 14th amendment debates to support the idea of universal birthright citizenship. if there is, let's see it right now. right now let's see it. they cannot produce it. you hear people on tv say the fact the civil rights act of 1866 was specific about foreigners and so forth differ congress meant to adopt the english common law understanding

birth within a country's territory is enough to create citizenship. i'm seeing these reporters do this they do not know what they are talking about. they are reading preposterous briefs by these attorneys general, democrats and blue states and they start quoting from it like it is a prayer from god. nice try. but, there's absolutely no support for this anywhere. in fact for decades after the adoption of the 14th amendment everyone including the supreme court of the united states into rulings understood what was meant by jurisdiction under the 14th amendment. we are talking english common law. why would they talk about english common law question what they're writing a constitution. even today citizenship is not automatically conferred on the children of diplomats. visa holders and the like you happen to give birth while in the united states.

got you birthright citizenship born in that territory. no, you need more than that. why would you need more than that for immigrants especially illegal immigrants? that is not even make any sense. for universal birthright citizenship point to a third to supresupreme court decision in . 127 years ago u.s. versus, that case a child was born of a lawfully present immigrants and permanently domicile chinese immigrant. okay question at the court ruled that child was there for eight citizen under the 14th mm word and they get that from? nowhere. judicial, incredible activist decision. where to get the decision in plessy versus ferguson? separate but equal two years earlier where did that come from? nowhere. that is just what they decided to rule. now that court was responding to blatantly racist of federal law

prohibiting chinese immigrants in becoming naturalized citizens due solely to the race and ethnicity. just like the 14th mm it was passed in dealing with former black slaves. it was purely race-based this court felt that had to step in as an activist court and set it beside in the case at least of those chinese parents that child is an american citizen. even though it was not a decision based on the known understanding the 14th mm language of legislative history, wasn't it? and therefore it is a presidential value to the current supreme court should be in question. should be in question as a matter of law. a matter of law per this birthright citizenship to the children of lawful immigrants like those chinese immigrants who were born in the united states will be on the specific

facts of the case. not just with this particular couple but in all cases you have a lawful immigrants, if they have a child in the united states is birthright citizenship. as out the constitution says? no. others argue this case it treats individutreatsindividuals discrd against solely because of their race make lawful citizenship impossible for individuals based solely on their race they are cancer free black slaves the amendment was adopted in the first place. therefore applies narrowly to that racial class that was discriminated against. in that case the chinese chinese-americans at the time. but, here again please stick with me. there is no constitutional basis for universal birthright citizenship for legal immigrants, for illegal immigrants in the constitution itself. furthermore there is no holding

that confers a birthright citizenship on children of illegal immigrants and born in the united states, none. so where did this come from? because now it is everywhere. the slip and fall lawyers, the ambulance chasers it's in the constitution nobody said that. read the text, it's not in there either. it is believed this practice started the federal bureaucracy and executive branch it's not certain where some people think the social security administration, later on some people think the state department. early on we cannot even be sure where we will find it. yet we are told it's the law of the land and enshrined in our constitution. no it is not the federal courts of capable of doing anything on this case. any think the supreme court will undoubtably have the final say. i have serious questions or five justices of the courage and

commitment to uphold the 14th mm. as it was written and intended given the political pressure surrounding universal birthright citizenship issue given out john roberts the chief justice cowardly duct the issue of new york corrupt case against donald trump. for grave justices who say we need to take that case and fix this. some of these justices go hollywood or very concerned about how they are treated the "washington post" and "new york times" even though this papers have really almost note subscribers anymore. president trump deserves all the credit in the world for taking this on. the idea that foreigners can create their own jurisdiction for i yet to be born children by simply stepping into our country. even illegally and declaring citizenship is patently absurd it will be akin to me going to

south carolina tomorrow and saying i am here, i am a citizen of south carolina. what are you talking about? you're not a citizen of anything just because you step in the country oh no but in america you step in the country and have a baby, that baby is a citizen. if this had been the understanding at the time the 14th amendment was drafted, which it was and it never would have been adopted by congress let alone a super majority in both houses. let alone a ratified by three fourths of the states it never would've happened. this is about politics pure and simple. not the rule of law. finally those who say you cannot reverse universal birthright citizenship with an executive order or even a congressional statcongressionalstatute which g now, you cannot change the constitution with executive order or statute that's true you can't. with a kind of missed entirely the 14th amendment is a constitutional basis for

universal birthright citizenship. it's not a presumption by me that it is and therefore you cannot reverse it with executive order or statute. that's what's being challenged by issuing an executive order president trump is taking it on head on he is asserting it is not should congress pass legislation altering birthright citizenship or eliminating altogether congress is saying no we want to challenge this assumption issue is not whether you can alter the constitution by other means than an amendme amendment, you absolutely cannot bring the issue is whether the 14th amendment says what the birthright citizen crowd says it says and it doesn't. and we still might lose. because the law does not seem to be the law anymore but i would warn the judges in the supreme court, why should we adhere to your rulings if you don't adhere to the constitution? why are your rulings therefore

sacrosanct? but the text of the constitution is not. do you see what i mean? no, i don't think you and the court see what i mean or even care. i will be righ ( ♪) you never want to lose your edge. and the lexus rx completely understands that. (♪) at university of phoenix, we're earning career-relevant skills with every 5-to-6 week course. and updating our professional profiles in weeks, not years as we pursue our bachelor's and master's degrees. earn career-relevant skills in weeks, not years. at university of phoenix.

mark: welcome back america. here is our friend senior journalism fellow at hillsdale college. all around great patriot. mollie hemingway one of things so incredibly impressive about the first nine days but hours of the trump administration president trump is the extent to which they're grabbing a hole of this massive bureaucracy at all levels in all ways substantively with the ideology in terms of the way this bureaucracy has grown protecting itself and so forth and so on. i've never seen anything like this what your take? clerks usually have a presidency that has two terms the second term is much less that accomplishes much less in the first term. it's not going to like that at all because the first term trump had the permanent d.c. establishment let it be known they did not accept the legitimacy of the election 2016.

they would use everything they can to thwart that administration from being governed some learned a lot during the four years he learned more in the last four years they understood there was nothing to be done other than be very decisive and bold and how to take on a permanent d.c. bureaucracy that is done is so much on the last several decades to thwart the will of the american people americans have been frustrated for a long time that's why they're so optimistic and hopeful about what they seen this week. mark: we have a fourth branch of government that's not even in the constitution it passes more laws that fines and penalties against the american people i don't think donald trump understands at least only is counterintuitive to a true republic it's a permanent democrat party stronghold which is why they fight to the very end for increasing money, increasing the debt protecting

every single person whether they are incompetent, criminal, the possibility of removing them. it's a deal with the bureaucracy once and for all. >> it's an amazing massive secret weapon that is served the permanent class. extremely well. things have gone very well for federal employees other people who feed off of out of the trough of the federal government has not gone well for the rest of the country. they have seen a constitutional government slipping away into the unaccountable fourth branch of government we are told there's very little you can do to fight it. this is by the way a big problem with congress. the article one brand which should be so dominant you know our judge, jury, ex-

executioner. if you look at the economic system we used to have people could make a dream and make it happen how much that's been stifled in recent decades. that is the administrative state that is the bureaucra bureaucral the rules and regulations which serve our elites very well. keep out of the economic system or keep the elites to collect money while burdening middle and lower classes are s of so many s and regulations. that's why it's so exciting to see someone understand the nature of the problem and have the tools at his disposal to used to fight it. >> as you point out isn't this another way to empower the american people if you are a farmer in nebraska or surgeon in new york city you have no idea of the government agencies are doing for what they are passing the fines are putting in place. wait a minute i cannot use the fertilizer this insurance law has been change? i have to buy in ev tractor is not the way it supposed to work

you're empowering the people again. if you are supporting a representative government. isn't that the weight trump thanks on the board at the whole point about an open order is to reshape america. to change the electric to accommodate who? it seems to me donald trump instinctively knows these things, right? >> you look at what donald trump victory in 2016 it was his frustration without d.c. had handled all cans of major problems with its foreign policy for the border. repeatedly consistently event a sovereign nation with borders that want to have rule of law at the border time and time again people in both political parties work to make sure they could not have that. we saw a good movement in the first trump term. so what happens when some went once an open board of the fact donald trump there executive orders was able to make so many

changes that first day shows how willful the opening of

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secure confirmation back to "life, liberty & levin." welcome back america we are here with mollie hemingway of the federalist. are the democrats going to stop resorting to calling people hitler and nazis elon musk was incredibly affected by and spoke

about it said three fourths of his best friends are jewish. went to israel shortly after october 7 went to see where these occurred. management hegseth put out a statement the other day and says wait a minute. elon musk is not a nazi came to israel he is supportive of the israeli people. why do that for media and medias think they're going to gain some kind of support for popular backing for these outrageous disgusting smears of patriots? >> are so many years was effective to call your political opponents nazis or hitler's. decade after decade after decade. what's not working right now might sound last year big portion of the democratic base

many death to israel, death to all jews. they never thought this sounded it is almost not even worth thinking about that much. that used to be able to run these operations so effectively of calling people hitler and now when people look at it they say this is a great example of why we no longer trust the legacy media detail saving accurate. >> iisn't further evidence that left are flailing around. they don't have an agenda or way to appeal to the american people. that is when you look what they're trying to do with pete hegseth another ridiculous affidavit from his former ex-

sister-in-law which is completely rejected by his ex-wife who she was claiming to speak of for joint custody of three children which no judge or no master would order if you have one of the parents who is of violent or abusive or threatens violence and so forth. don't you think these tactics used those have run out the string to? >> absolutely. it showshows why it's so importo defeat the left lobby which were clearly just because they did not want him on the supreme court. defeating those allegations woke americans up to hot nefarious these operations are. most of our media has become his running information operations on behalf of various democratic party interest groups.

the election of donald trump the last election showed they had lost a lot of their power. they have a way to much power to accomplish what they want to to push their agenda. they've lost a lot of their power and the confirmation of pete hegseth shows that to. they have lost the power to control there's been a lot of talk about populism and i don't really bring things down that way. i'm a constitutional conservative. and i have to say donald trump is the most constitutionally alert and most conservative presidents probably and no question since reagan. probably you look at the last hundred years trump is far more conservative than either bush ever was. trump is far more conservative than the candidates who claim to

be conservative who want to run for president of the united states. he wants to control the border. he supports the cop he was to build up the military. these are basic conservative positions and so forth and so on. no recall some common sense which they are chewed. studying the constitution. he had this instinctual constitution approach where he understands the branches of government and the limited government the constitution enshrines. there are a lot of americans you have that instinctual understanding of how we are supposed to be following a rule of law and be governed by the people. that's why they appreciate donald trump so much as well. >> your steadfastness in your principles to pray god bless you my friend.

>> thank you mark.

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ask your doctor about izervay. mark: welcome back america. regards her friend peter sweitzer won a great investigative reporter and nobody has done more to expose the joe biden crime family then peter schweizer over the years. with his writings, his book his appearances and among other places here on this program. and peter, yo he watches joe bin systematically undertakes the greatest cover up really and governmental history. the center, vice president, president, people used his office his name, his position to make millions to shake down foreign governments even enemy governments. he pardons his son which effectively is pardoning him and you have preemptive pardons of the immediate family. must beat fun at thanksgiving

the next thanksgiving they're all going to stay in their comments around the turkey thank god poppa bear pardoned all of them. what do you make of this? you more than anybody else should have a fulsome view of this. >> yes i think these are pardons are the single most corrupt acts of any american president in u.s. history. and i don't say that lightly. i say that because what we are talking about is a level of corruption that involves tens of millions of dollars going to the biden family. and what the sources of those funds are. this is not some paving contractor back in a congressional district paying off a congressman. that is bad enough. these are foreign governments, foreign adversaries. the biden's have not globalized corruption. they create a situation where american politics can effectively be bought off by our foreign adversaries. that is what happened with the clintons, i'm sorry that's what i'm with the biden's the three

countries were china, russia and ukraine vice president and got those things from this president. you're quite right to point out these pardons are of his family but they are effectively a pardon of him. there's no way to investigate or to prosecute joe biden for this influence peddling scheme if all the family members who he did it with arn outlet off the hook illegally which is what these pardons do. mark: it's not that he thanks donald trump will come after them. he knows they are corrupt isn't it? and haven't you written chapter and verse on this millions of dollars that have flown into the biden crime family? >> you are exactly right, mark. let's look at the time line for we talked about this verse the first place i publish my book i came on your show and we talked to back this back in 2018.

the timing is clear. in january 2009 joe biden is sworn in as a vice president of the united states and literally three months later hunter biden sets up an international financial firm and starts doing business, i'l put in quotation s in the most corrupt places on the planet china, russia, and ukraine and the money starts to flow. it is important to point out by the way that these pardons are very specific. they began with any crimes that might have been committed from january 2014 going forward but that is precisely the month when the money starts to flow from china, russia and ukraine. tens of millions of dollars from chinese entities that are close to the chinese state parade that are also linked to chinese intelligence in the spring of 2014 is when he agrees with the burisma the corrupt energy company he takes in millions

from them it's the same time that russian oligarch sends a $3.5 million to hunter biden. those things all happened at that period of time. these are the deals that have taken place. joe biden was the point person on the policy towards china he was the point person under the obama administration on ukraine policy and guess what, both of those countries people were said in the biden's millions of dollars. >> he pardons his family members preemptive pardon. he abuses of power there's simply no question we've never seen anything like this before. he pardons his son after months and months of saying he would not pardon his son. he realizes they're going from the hook of this any serious investigation into the biden crime family. but doesn't that tells another thing? i want you to address this as un as we return.

he was very comfortable. he felt protected when merrick garland at the helm of the department of justice. the u.s. attorney in washington d.c., the head of the criminal division at their department of justice, he felt very comfortable that despite all the corruption and the rest that department of justice would never investigate him while he was president. he did unleash them against his political opponents. i want to get into that when we come back. we will be right

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mark: welcome back america. peter sweitzer it was never had what we had special counsel to investigate a political opponent. the purpose of the special counsel to investigate a president with your own administration. you effectively recuse yourself for a step back that's we appoint special counsel this attorney general garland. utterly corrupt in my view. he unleashes, special counsel unconstitutionally against donald trump. everything you've written in your book chapter and book all

the endnotes providing documents, showing financial movement of self worth and so on. it seems to me the office of public integrity the criminal division the u.s. attorney somebody in washington d.c. could've picked up your book and said okay, we have no choice. we need a special prosecutor to investigate biden. biden knew it would not happen is the process against donald trump he pretends he doesn't. what you make of that? >> i think he nailed it. in the spring of 2018 i came on this program three months after that is when the investigation was launched on the biden fbi and by the irs. that investigation was launched with those investigations went nowhere we know from the irs whistleblower those investigations were squelched. this is the problem we have in washington d.c. at least with people part of the d.c. establishment. that is they protect each other.

look, we now know looking back at the records, at the e-mails that barack obama knew it joe biden and his family were doing pretty knew it was corrupt. we knew john kerry's son-in-law said he was initially involved in some deals. once involved in the other deals thereto corrupt but nobody did anything about it. nobody stopped it. and then when joe biden becomes a presidepresident that we the c case of where you have independent counsel but investigation of the president's own family. that is what the independent statute is about. you have someone detached from main justice investigating these things. what is merrick garland do? he investigates his opponent, that we donald trump. it's a massive abuse of justice for the important thing going for disease pardons have been issued. the status of criminal cases against the family certainly

seemed to be stopped. but, we have got to get the bottom of the cover-up and the abuse of power. this was not investigated. it was covered up by an apparatus in washington d.c. that involved dozens of senior people and we have to get the truth out of exactly what happened. that means congressional investigations that means pam bondi d.o.j. needs to investigate this further. >> i agree one 100% for the sake of the country. this kind of precedent we do not have a democrat party t democrat does is to republicans. in specific righteous we don't believe and recrimination this is not about recriminations this is about getting the justice system back. when donald trump went through was unbelievably disgusting. it's unimaginable you sit down and think about all the things happen to him and conversely you think about all things of biden

and his family have done with foreign governments enriching themselves the tax code this utterly lawless and nothing. they pardon themselves effectively he pardons them for donald trump on the other hand suffers through all of it. final words? >> the lying. going back to the garbage if he had meetings if he discussed this in their no deals and pardon his family to protect them. >> january 6 committee, they need to be investigated to each member by fellow members of congress as well as a criminal division, the justice department. pardon or note pardon they went out the speech and debate clause. they try to get donald trump

charged a number of criminal charges. they made criminal referrals. the same time they obstructed justice they were witness tampering they destroyed reams, busloads of evidence while they're trying to pin donald trump to the wall. this entire massive conspiracy to destroy the justice system. you cannot just let this lie. you've got to find out exactly what happened. i am with you. peter sweitzer keep up the great work and thank you my friend. when winter season hits emergen-c supports your immune system with so much more than vitamin c. be ready to fight back with emergen-c and for on-the-go immune support try emergen-c crystals. no water needed. do your dry eyes still feel gritty, rough, or tired? with miebo, eyes can feel ♪ miebo ohh yeah ♪ miebo is the only prescription dry eye

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i was going to mention it but that i should. we have a federal judge appointed by reagan, it means nothing. president have to make deals with one party or another in two or three federal district judg judges, give them one of this guy was one puts democrats in seattle. for lose states that part the

case, birthright citizenship case, somehow it happened. all of 25 minutes on the case and ends the hearing the issues of temporary restraining order, maybe an injunction to prevent for the president is trying to do and says it's blatantly unconstitutional, the most unlikely as additional case of ever seen. even federal judges are legal hillary it's driven by the ends that justify the means. this is a very serious case. judges need to take it serious seriously. so-called host need to take it seriously. it is a big issue. tomorrow night on life, liberty and levin. ♪

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