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tv   Life Liberty Levin  FOX News  May 6, 2018 10:00pm-11:00pm PDT

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televised. . mark: hello, america, i'm mark levin, this is "life, liberty & levin." we have two great guests two, buddies, i just noticed, two italianos. dan bongino, how are you? joe digenova, it's an honor. >> mark. mark: let me just briefly say joe, you are a wonderful united states attorney for the district of columbia under a great president from 1983 to 1988 under ronald reagan.
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you received your undergraduate degree from the university of cincinnati. law degree from georgetown. you later served as an independent counsel investigating the 1992 preelection search of then-candidate bill clinton's passport file. did that go on for eight years, i'm curious? >> no. mark: six months or something like that. >> we cleared everybody. mark: did you your job and ended it. dan bongino. >> yes, sir. mark: penn state university, you earned a masters of business administration, you work with the new york city police department for four years from '95 to '99. you joined the secret service in '99 as a special agent. and you eventually protected a president, as i recall. >> yeah, it was fun. miss it sometimes. mark: we're here on very serious business. very, very serious business. i wanted two smart serious people with me, and i want to start the program this way.
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i have before me an october 16, 2000 memoranda for the u.s. attorney general of. the office of legal counsel which as you know is the office that passes unconstitutional issues for the united states government, and they're also looking at a 1973 memoranda during the nixon administration. same office. this is what they say in the opening paragraph, in 1973, the department of justice concluded that the indictment or criminal prosecution of a sitting president would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions. we've been asked to summarize and review the analysis provided in support of that conclusion and to consider whether any subsequent developments in the law lead us today to reconsider and modify or disavow that determination.
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we believe that that conclusion reached by the department in 1973 still represents the best interpretation of the constitution. now here's some of what they say. i want your significant input. they say among other things that the burden imposed by the sitting president by the initiation of criminal proceedings, whether for official or unofficial wrongdoing, must be assessed in light of the court's long recognition of the unique position in the constitutional scheme that the office occupies. given the unique powers imposed upon the president, we think it's clear that a sitting president may not constitutionally be imprisoned. and they go on and raise other issues. an investigation, the time it takes of a president undermining a president's credibility, not just at home, but abroad, and all these issues that affect the function
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of an article 2 president of the united states. so my first question is: if it is the position of the department of justice, unchanged to my knowledge, this memoranda have not been withdrawn, that a sitting president cannot be indicted, then what is this talk about subpoenaing a president of th united states to appear before a grand jury to answer endless questions about his conduct not just before he was president, but when he is president. joe digenova? >> i don't think there is any question that the mueller investigation, as it sits now is illegitimate. the appointment by rosenstein of mueller did not name a crime that was being investigated, it named nothing. this was a way for the department under rosenstein to avoid responsibility for conducting an inquiry. that said, it is quite obvious that any imposition on the
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president at this point does many, many bad things to the country and the functions of the president of the united states. article 2 vests in the president all executive power. he is the unitary authority of the executive branch. the president cannot be indicted, and so with no crime having been asserted in the appointment of the special counsel, how can he constitutionally investigate no crime? and it is fairly obvious, since the president is determined to be no target in the investigation, that all he wants to do is question the president. he will waste the president's time, but more importantly, he will waste the country's time, and it is an incredible burden on the president's exercise of his duties. i think he is illegitimate, and i think the president should fight to the very end any subpoena issued by the special counsel. it will be a legitimate avenisio. mark: dan bongino, do you think the purpose really is to lay
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out an impeachment case if the democrats take over the house of representatives? is that the reason why these 49 very broad areas, questions that were apparently put together by the trump team, but represent what mueller and his team are focused on? do you think that's what's going on here? >> i do, mark, i think it's twofold, i think they are laying out grounds for impeachment i think they would lose that in the senate, even if the democrats take back the senate. even by wide margins, in red states this is an embarrassing case. joe is right, this is a witch-hunt from the start. the second thing that's going on here and i've been clear on this from the start, and i'd love to get your input on this as well. the people mueller hired were very selectively chosen for the witch-hunt. now andy wiseman, enron prosecutor, who we know from public e-mails has an extreme dislike for donald trump. he's mueller's pit bull. number one. couple of the other people he hires are fascinating.
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he hires jeannie ri who represented people in the clinton sphere, he hires as another one of his bulldogs, aaron zebling who represented two? justin cooper, one of the clinton aides who actually admits in a proceeding to smashing some of the blackberries in the e-mail scandal. my purpose is yes, number one impeachment, but number two the entire mueller operation is a smoke screen to keep the attention on donald j. trump and the attention away from the crimes committed with the clinton operation and potentially involved in the obama-gate spying scandal as well. mark: this entire investigation, if it is the official position of the department of justice, unchanged to my knowledge, that you cannot indict a sitting president. the idea that you can threat a sitting president with a subpoena to drag him in front of a grand jury, one of the things they say in the
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memorandum here is the reason another key reason, why you cannot constitutionally or should not indict a sitting president is you're now leaving it to somebody who is wholly unattached from the body politic and responsible to nobody but himself to determine the outcome of an executive branch official. the president of the united states. whether he stays or whether he leaves. so if he can't imprison a sitting president, why are you investigating him for crimes? >> the question answers itself, actually, because what you have is an illegitimate basis for the investigation. you can't indict a president, so why can you question him by force of a subpoena? you cannot. and, in fact, the answer here is what mueller is doing is he's investigating and using a grand jury subpoena, not for a criminal case, which the law
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says he cannot indict a president, but rather he's investigating to impeach. that is an unconstitutional position for him to be in. he cannot issue a grand jury subpoena for purposes of impeachment. that is an illegitimate and unconstitutional use of the grand jury power. and it seems to me that if he does want to issue a subpoena, the president has an extremely strong constitutional position that that subpoena is illegitimate from the very beginning. example, among the 49 or 50 questions are questions like what were you thinking when you decided to fire flynn or fire comey? why did you fire comey or flynn? did it have anything to do with the russian investigation? all of those questions, intrude on the core functions of the president. they involve executive privilege. article 2 privilege to fire anybody in the executive branch. he's asking questions about pardons and possible discussions of pardons while he
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was president. those are all covered by executive privilege and by the unfetterred pardon power which is in the constitution. when you put it altogether, you end up with an illegitimate suit. it's an illegitimate putting. he doesn't have the power to investigate to impeach, and so rosenstein's appointment is not only illegitimate, it's a constitutional farce and it's hurting the country. mark: what do you think the framers of the constitution would say about what this does to separation of powers, what it does to the whole construct of our constitutional system? and isn't it why chuck schumer and the democrats, even before the president was sworn in, were demanding a special counsel? because they knew this is where it would lead? >> yeah, of course, mark, this was all set up in advance. framers established a remedy, a constitutional remedy for malignant behavior from the executive branch, impeachment.
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it's clearly delineated. clearly that is not good enough for the democrats. not only are they setting up for one path or impeachment. they are setting up a path to politically bankrupt the president. we all have a political bank account. i ran for office, you build it up for positive credit, good speeches, there is a way to diminish that. negative advertising. this is an ongoing negative advertising campaign against the president. what joe said is important, though. there is no predicate crime here, mark. not only could the department of justice handled well by the way, an investigation of counterintelligence investigation into russian collusion, but the fact there was no predicate crime to appoint a special counsel to investigate the president says this was meant as a political operation as well to diminish the political capabilities and to basically drain the political bank account of the president. one more thing, i think it was also sent as a message to people joining the trump administration, the capable people, don't you dare join or
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look what will happen to you, we'll be coming after you next. mark: this is important, hasn't mueller already disrupted this administration? hasn't he already sent a message as you point out to people who want to come into the administration, you might be targeted? he has interrogated, full, dozens, scores of people involving the campaign, the transition, the administration. hasn't he already done what the memorandum warns against, joe? >> yes, there's no question, that when you look at the entire array of actions from the very beginning, the appointment by rosenstein of mueller, where no crime was stated to be committed, you begin inexorable process of beginning to imprison the power. we go through 16 months of stripping away from the president his presidency. it has been taken away by this. and what's fascinating to me is we go back to the beginning. this started out as a brazen
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plot to exonerate hillary clinton through the obama justice department and the fbi, and then, if she lost, to figure out a way to frame donald trump and the people around him. what is tragic is that the system has allowed that to occur, and where we are today is the president is being distracted, constitutionally distracted from the performance of duties, north korea, south korea, denuclearization of the korean peninsula. syria, iran, everything he's working on is being disrupted because of this, and for what reason? no good reason. mark: here's the last paragraph of the memorandum --
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when we come back, i want to ask you, what should congress do about this, and what about mr. rosenstein. lot to cover. ladies and gentlemen, you can join us on levin tv every week night, go to or go to 844-levin-tv. we'd love to you join us each night in our community there. we'll be right back. man: i got scar tissue there.
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. mark: rather than try to pass legislation, i posted this on facebook, to protect special counsel mueller, the gop congress should subpoena mueller and demand he answer legitimate questions about what we just discussed.
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the cause of his investigation. why? because he's giving it a constitutional impact. a constitutional pittena. surely mueller cannot be a power immune from himself while disrupting and threatening a presidency. in fact, congress has a more legitimate constitutional authority if not duty to inquire into mueller's investigation given its lurch in the constitutional areas and threats of obstruction against a sitting president than mueller does to question the present about his presidential functions. do yougree wh that? >> mark, i agree with you 100%. i can be candid? i know you don't mind my candor. mark: not from you! >> congress has been castrated, they're largely a bunch of feckless, whiney, pathetic little swamp rats that i'm pretty disgusted with, and the problem with the congress is what you said is absolutely
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correct, it is their constitutional duty, matter of fact to do what you said. they used the constitution as toilet paper. and the real problem is most of the republicans on capitol hill, and don't forget this, are really democrats, but no democrats are really republicans. don't ever forget that. see that's the problem. these whiney little snobs up on the hill don't have the cojones, because they are really democrats, the republicans. remember this, there are no democrats that are really republicans, and that's why none of that will happen and i'll end it on this, that is why bob mueller is effectively the most powerful person in the world right now, because the constitution is being used as kleenex by these cowards up on the hill who won't rein this guy in. mark: we had a series of speakers who would not allow committee chairman to issue subpoenas to the obama administration because they feared the political backlash. >> and as a result, they wasted their constitutional power of
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oversight. it is only recently that they have begun to issue subpoenas for documents from the department of justice. is only recently they have threatened contempt of congress for the failure of the department of justice under rosenstein and sessions to produce documents that congress is entitled to under constitutional oversight. they are now only beginning to exercise the power that they had. they clearly have the authority under the constitution to subpoena mueller. to have him answer questions about why he is conducting his investigation the way he is. why there is no basis for a crime for this investigation and why he is using grand jury subpoenas not to investigate a crime, but to gather evidence for an impeachment report, and finally, by what authority does the special counsel issue a report from grand jury material about impeachment. i think that's an unconstitutional abuse of the grand jury process, and i think it's subject to litigation.
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mark: as a matter of fact, congress got rid of the independent counsel statute, that was one of the reasons. >> yes. mark: the violation of the grand jury secrecy in the use of material. shouldn't mueller be asked, mr. mueller, when you were appointed special counsel, the rules specifically say you must follow department policy. you can please explain to us your position and the department of justice's position that you cannot indict a sitting president, and haven't you in fact intended to disrupt this administration? shouldn't he -- isn't that a key question? >> i don't think that is the question, it is the fundamental question because it is clear that from the beginning, they weren't investigating a crime. they were investigating a person, as you so aptly put it yesterday. they're investigating a person, not a crime. and in so doing, it is the most
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vile violation of the constitution, but it's okay because it's donald trump. just think of what we're doing, we are reversing the presumption of innocence just because the media and the democrats and the people in the intelligencia don't like donald trump. guess what? he's the president of the united states. he won the electoral college vote. he is the president. but there are people who will not accept it, and mule ser a tool. he is a tool of that vast group of people who cannot stand trump, who want to destroy him, and all of these folks in the intelligence community and the law enforcement community under obama who decided they were going destroy him have succeeded in the sense that they have made the first 15 to 16 months of his presidency extremely difficult for him to conduct, and yet, what a success he has been. >> i can double down on that? as joe said, as a federal agent, mark, people think in stories and think in analogies,
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and i don't think our liberal friends understand the destruction of the constitutional republic going on before our eyes, right? you cannot walk into a secret service office when i was a federal agent in new york and say i want to investigate mark levin. for what? nothing, but find something, you'll get it. we would laugh you out of there, if not investigate you, why you came in there, right? you cannot walk in and say i want to investigate joey bag of doughnuts because we think he stole a credit card number. you have a crime. you are investigating a person. we do not investigate people and look for a crime. we will all be federal criminals, and that liberals are playing into the game to take down donald trump because they lost an election. what they don't understand, mark, is they could be next, lord acton was right, absolute power corrupts absolutely. i would never want a republican to do to a democrat what they're doing to donald trump now. mark: we turn to mark penn, a democrat adviser to bill clinton at the time in the hill. he says the questions of the
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special counsel suggest considering to standing up to such an investigation through a constitutional means will be met with possible charges by a team that is thought nothing of leading intentionally public raids, bringing charges on unrelated crimes, threatening family members of defendants to secure pleas. i might add lawyers of defendants and press people of defendants, and ignoring congressional subpoenas about its own process. in other words, he's agreeing with you guys. he's saying this guy has evil intent, and that is what he's up to. >> just think of this, mark. remember the mortgage scandal we went through that almost brought down the stock market. the crash? not one white shoe law firm was raided during that entire scandal. they raided mr. cohen's office for one reason and one reason only, it was a small firm, no big deal, and it was an
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interrorum use of the grand jury and the process. what happens to mr. cohen. whatever anybody may need -- mark: go to the back door to get the treasure trove. >> absolutely disgraceful abuse of federal law enforcement power. just remember, not one big law firm was raided during the mortgage scandal. how can that be? ♪ oh you're simply the best ♪ better than all the rest ♪ better than anyone ♪ anyone i've ever met ♪ i'm stuck on your heart, the best just got bigger. ♪ i hang on every word you say applebee's new bigger bolder grill combos. now that's eatin' good in the neighborhood.
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[♪] marianne: i'm marianne rafferty. new video out of hawaii showing the ongoing devastation from the volcano eruption of kilauea. 10 new fissures have opened powering lava and toxic gases into the community. at least 26 homes have been confirmed destroyed. five more than confirmed hours ago, and authorities say the eruption shows no signs of stopping. >> there is no sign of slowing down. we had some pauses yesterday. the flos are extending further from the fissures. the eruption is progressing. marianne: i'm marianne rafferty. . mark: what is rosenstein's
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connection, the deputy attorney general, to mr. mueller? is there a connection? >> well, rod actually worked for mr. mueller for more than three years in the public integrity section of the department of justice. they all know each other, mueller, comey, rod. they all know each other. it's a big family. rod, of course, signed the memorandum recommending that comey be fired. mark: let me read from that. >> yeah, please. mark: let me read from that and bounce this off you. this is the memoranda, may 2017. restoring public confidence in the fbi. that's his memorandum. and it's from rosenstein to the attorney general. i can't read all of it, but it is a very well-written indictment of jim comey, and he says among other things i cannot defend the director's handling of the conclusion of the investigation of secretary clinton's e-mails and do not understand his refusal to accept the universal judgment
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and he was mistaken. almost everyone agrees that the director made serious mistakes. one of the issues that unites people of diverse perspectives. he has a long list of deputies attorneys general, solicitor generals, democrats, republicans of the administration, the director was wrong to usurp the attorney general's authority, usurp the attorney general's authority and announce his conclusion the case should be closed without prosecution. he goes on, my perspective is by former attorneys general, deputy attorneys general from different heroes from both political parties and starts to list them. and says although the president has the power to remove fbi director, i think mr. mueller should pay attention, the decision should not be taken lightly. i agree with the nearly unanimous opinions of former department officials, this is the last paragraph. way the director handle the
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conclusion of the e-mail investigation was wrong. as a result, the fbi's unlikely to regain public and congressional trust, until it has a director who understands the gravity of the mistakes and pledges never to repeat them. having refused to admit errors, the director cannot be expected to implement the necessary actions. here's my question, is mr. mueller unaware of this, one of the questions is how was comey fired? is he helen keller? number two, why is mr. rosenstein involved in any of this, given his role in firing comey? >> the deputy attorney general has a clear conflict of interest. not only because they're personal friendsing are all of the people together, mueller, comey, rosenstein, they're all friends. but he wrote the memorandum recommending comey is fired. he is a witness that mule ser investigating. beyond that, it doesn't matter
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what the president did. the president has the authority under article 2 to fire anybody who is executive branch official. comey was eminently fireable. only thing president trump did wrong in fing comey is he didn't do it inauguration day when he should have. mark: what's your take? >> two problems with rosenstein. number one, he signs one of the fisas against carter page. now if carter page was, in fact being investigated through a court used almost exclusively to gather intelligence on foreign terrorists, if carter page, there was probable cause which is what the fisa warrant needs that carter page was not only a foreign agent but acting as a foreign agent why is carter page on cable news? are you telling me he's james bond? he's on msnbc every night. mark: nobody has charged him. >> nobody has charged him. they barely interviewed page until later. rosenstein never explained that
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away. it is the illegal patina that happened under the obama team. the fisa warrant put a legal face on unauthorized unmasking operation before. >> that is absolutely correct. >> number two on rosenstein as well. mark: wait, and you and i been fisa warrants we know lectures by rosenstein about the plebes how fisa works. you are a u.s. attorney, i was chief of staff to attorney general of the united states, and we know stink when we smell it. go ahead. number two on rosenstein, which is a grotesque conflict. he was the united states attorney in maryland during the prosecution of the precursor to the uranium one debacle where an informant noted that the russians who are buying uranium later on that they were lobbying u.s. people and the same russians by the way, mark, were helping the iranians fill the nuclear program. mark: who was the director of the fbi? >> bob mueller, of course!
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it is an incestious circle swamp. mark: who was the director of the fbi when manafort did these criminal acts and concealed foreign connections? was bob mueller the director of the fbi? >> yes, and i'll tell you something. mark: how did he miss it all? >> i'll tell you something else. there is a gentleman named dara paska who dealt with paul manafort. mueller used dara paska and kept his name out of the manafort indictment. manafort dealt with him, it's in there, but they took his name out. mark: why? >> to protect mueller. because mueller allowed him to come to the united states when he was on a watch list where he's not legally allowed to enter the united states. mueller covered up for dara
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paska in the manafort indictment and not mentioned. this is part of the disgrace of mueller. mueller is doing things that no one should tolerate and the fact that jeff sessions as the attorney general can sit there and know all of this and not do anything about it says more about sessions than it does about anybody else. mark: one minute. dara paska heavily involved, russian intelligence operation to steal our intel, the people involved in the project the russia silicone valley. 17 of the 20 companies donated to who? the clinton foundation. and conveniently all this gets swept away. >> mueller exists that dara paska exists. mark: all right, when we come back, i have a question, how does hillary and the dnc and the democrat party escape all investigations relating to russian interference given the
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dossier. check us out on, you can watch levin tv and a host of wonderful shows every week night. join our community and call us at there was an idea. to bring together a group of remarkable people. to help save the universe... from paying too much on their car insurance. hey, there's cake in the breakroom... what are you doing? um...nothing? marvel studios' avengers: infinity war, in theaters april 27th. now...where were we?
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. mark: welcome back. joe digenova, dan bongino. so the deputy attorney general gives this really broad power to a special counsel to investigate interference by the russians in our campaign collusion, with trump and the russians, but basically says take the lead, you find criminality, go ahead. last time i checked, hillary clinton is not president. so there's no bar under any memos from the department of justice to investigate her campaign and what she knew about the dossier and collusion with the russians, through fusion gps and christopher
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steele, the dnc the same exact thing. he's absolutely incurious about evidence that has been uncovered through litigation by private groups is by congress. comment? >> mueller's sole purpose, mark, we understand this from the 30,000 foot view. the question will make sense. mueller's purpose is to run a smoke screen investigating donald trump while protecting hillary clinton and the empires while they were there. michael cohen raid trumps lawyer, a disgrace in and of itself, the cohen raid was because of a donation by a guy named victor pinchoc. mark: clinton gets speaking fees all the time. >> is mueller ignoring the donations? the atlanta council which partners up with beris ma which
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hires who? joe biden's kid, and the atlanta council, one of the guys who sits on that, a cto of a company called crowd strike that analyzed the dnc servers for the so-called hack. all you need to know is this. mark: how much money did he give to the clinton foundation? >> up to $25 million. pinchuck. interesting they are investigating him for a six-figure speaking fee to donald trump. perfectly legal on its face, right? we seemingly avoided all the connections to the clinton foundation, crowd strike, joe biden's kid and john kerry's stepson. mark: and further to your point, why is he investigating connections with russians, period? the issue is interference in the election and collusion in the election with the russians, not business relationships with americans have with russians and chinese and all, you know,
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all over the world? >> but if he's doing that, though, if he has exceeded his mandate and is investigating those business relationships, then there's just no doubt that the hillary rodham clinton campaign should be subject to the same intrusive investigative techniques that he's using against the trump campaign. because we know that the clinton campaign and the democratic national committee funded the fake steele dossier, which used russian sources, former russian kgb people, current russian government officials to smear donald trump with fake information. why isn't that being investigated? that seems to me to be the key interference in the united states presidential campaign in 2016. the dossier for which cnn just got an award at the white house correspondents dinner. if it's such a big deal, giving out awards for the dossier
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leak, why isn't it investigated by mueller? the answer is clear, all of the clinton supporters are preventing that from happening. i think the mueller operation is such an embarrassment to the department of justice and for all of us who have a deep respect for federal law enforcement. combination of comey and mueller has become a symbol of embarrassment for federal law enforcement. >> go ahead. >> mark, finding number 44 in the house permanent select committee which was released a couple weeks ago, finding 44 is clear as day. christopher steele's information came second and third hand from who? the kremlin and russian intelligence sources. so let me get this straight, we know the russians colluded with a british spy to help hillary and the investigations into donald trump? we're really living in bizarre world. mark: mr. mueller must be brought before congress. >> absolutely. mark: and held to account before he tears this nation apart any further.
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. mark: welcome back. here's the bottom line. the kryptonite for all this is
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the dossier. you get to the bottom of the dossier, you drag down the whole issue in comey. you drag down rosenstein who extended it and proved it, you drag down the hillary clinton campaign and the dnc that paid for it, you drag down mr. clapper who was pushing it, mr. brennan who was pushing it, all the secretive activity going on top echelons of the obama administration. you drag down the obama administration. isn't that why they don't ever want to get to the bottom of the dossier? >> yes, yes, absolutely. and the other reason is there was a black ops basically intelligence operation run against president trump not through official channels. devin nunes acknowledged as much in his interview. mark: i mentioned this in march 2017 i came under withering assault, that's how i knew i was under -- >> you called for the fisa warrants, but this is
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important, there were two channels, they were not official channels, this is the run through the united states senate, john brennan, senator harry reid and dianne feinstein's staff, that operation is going on through former staffers. second channel, i'm not talking about official intelligence channels, the second channel was the state department. diplomats and bureaucrats running intelop against president trump being run through victoria nuland and jonathan whiner. they have acknowledged the role. mark: we haven't gotten close to the bottom line. >> with all of that at the same time, there was unmaska going on, it involves ben rhodes, susan rice, samantha power, john brennan and james clapper. that unmasking was illegal and unconstitutional and leaked the names of people who were unmasked purposely to embarrass
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him and then they leaked telephone conversations of the president of the united states shortly after taking office with foreign leaders. that is the scandal. what mueller is doing is nonsense. utter legal nonsense. scandal was the coup d'etat that started during the election by the obama justice department and national security apparatus, and it has not stopped until this day. look at brennan, look at the viperous things being said by a former director of central intelligence, and he's not the slightest bit embarrassed. mark: because he's invested in this. look at clapper. a proven liar, under oath, repeatedly, not a single charge ever brought against him. claber is a leaker, comey is a leaker, mccabe is a leaker. >> why did they stall security clearances? >> why do they stall security clearances? why do they still have jobs?
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why wouldn't mueller say i want to demonstrate how clean we are. the inspector general, not i, found all these texts, they have security clearances and moved to other positions within the fbi? is that not -- you're former secret service. >> here's the answer for the president, when you get the subpoena from mr. mueller, you fight like hell for the stewing of the united states, for the people of the united states, because this is a coup d'etat. and mueller is part of it. mark: agree? >> yes. clapper is inexcusable, i still have -- i believe the fbi agents, there are people working -- mark: clearances? >> i believe they have clearances because the clearances because the man: i got scar tissue there. same thing with any dent or dings on this truck. they all got a story about what happened to 'em. man 2: it was raining, there was only one way out. i could feel the barb wire was just digging into the paint. man: two bulls were fighting,
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should he fight it? >> i think it will benefit muller because of prolonged physical russian collusion myth and delays the shutting down of this witchhunt. mark: as part of the continuing strategy. >> uses either way. >> unconstitutional subpoena because it's used not for grand jury process but for impeachment process. the president should fight it and litigate to the supreme court and if it gets there, he will been. the president will win. it's unconstitutional investigation at this point. mark: congress needs to get involved in our safeco weight? >> they do but they won't because they are cowards, jumps. >> bring muller up and asking questions under oath. mark: seems like they have every right to do that. he's moving heavy constitutional territory and congress must be involved in protecting the constitution even as oversight
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for anything that is where it has oversight. the problem is you committees like the senate judiciary committee devoted to protect bob muller which it sends the wrong message. >> thank you for joining us. >> have a great weekend. >>chris: i am chris wallace. new legal troubles for president trump. after rudy giuliani revealed president trump reimbursed his attorney that he paid to a pornography actress. >> that money was not campaign money. >>chris: new questions about whether the president will sit down with special counsel robert mueller. >> i would love to speak. i would love to go. nothing i want to do more because we did nothing wrong. >>chris: how strong is the case against the president. we will ask former u.s. attorney, joseph digenova.


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