tv Life Liberty Levin FOX News February 2, 2019 4:00pm-5:01pm PST
and almost as old as the universe itself. that's it first february 2nd i am jon scott. we will see you again tomorrow. . >> hello america. i am here with sidney powell. >> it is an honor to be here. >> a federal prosecutor in fact, this is quite remarkable you work for the department of justice for ten years with three federal districts under nine united states attorneys. so then the new administration comes in the attorneys were
appointed by the president's. you also have been lead counsel on more than 500 federal appeals 550 made assistant united states attorney and the appellate section chief of the western district of texas i just want the audience to know how impressive that is because there is a lot of brilliant assistant attorneys out there and you were one of them. think you. i want to take a very close look at robert mueller's office. but does bengali is number two guy that he relies on for everything andrew wiseman. so let's focus on andrew wiseman so the american people know who he is and who really is in many cases the wizard of oz.
tell us about andrew wiseman. >> i am told he is the poster boy for prosecutorial misconduct because mueller had a handrolled to pick him of the enron task force and appointing him to that position. mark: where was mueller at the time quick. >> director of the fbi. mark: he picks wiseman to handle enron. >> he was deputy director at the time when he first started under the chief of the enron task force when it was first created with the collapse of enron. so they targeted arthur anderson to begin with. mark: they investigate enron and they targeted arthur anderson? for what quick. >> destroying evidence is what they called it. but they did it by making up a crime of combining two separate statutes to make a crime of something that wasn't. they destroyed arthur anderson
they knew they would destroy it by indicting it. mark: because they are the financial advisors to enron. >> exactly auditors and financial backers. mark: a manufactured crime by two different statutes were combined. >> exactly. mark: how may people worked for arthur anderson? . >> 85000. mark: and wiseman was the lead investigator. >> he was the lead prosecutor. >> reported in part the director of the fbi at the time reporting under mueller. >> yes. they knew they would destroy the company when they indicted it because anderson represented 2500 publicly traded companies and no auditor can function as an auditor when they are indicted. 's so they sealed the indictment for one week. mark: they seal it for one
week? that is disaster for accountants. >> yes. and behind the scenes they worked to avoid upheaval in the market so when they announced the indictment to unseal that publicly the markets are not as disrupted as they would have been if they were just indicted publicly immediately. mark: what did they indict them for quick. >> a tampering statute. the way they did it, essentially they took criminal intent out of the process and in fact, when the supreme court later got the case, justice rehnquist wrote the decision for the unanimous supreme court and said it was shocking how little criminal culpability the jury instructions required and
anderson had not committed a crime at the time. mark: anderson is caught up of this and wiseman must know there was not criminal culpability. he indicts the entity which for a major international corporation is a disaster because then you get documents and you have to search computers and records all over the world. so it creates a great tumult. >> completely. mark: that in and of itself depending on the subpoenas and indictment can freeze a company. so here is arthur anderson in the business of protecting other companies, they are auditors. they are financial advisors. and they are accused of what? . >> obstruction of justice under two different statutes that combined to create this
new offense because there wasn't one. anderson had not been subpoenaed for any documents at the time anderson was cleaning up the files and preceding to get ready for the investigation. so they made up a new offense by claiming two different statutes. mark: who was the trial judge? . >> linda hartman in houston. >> it was appealed and the fifth circuit affirmed that on appeal. mark: then to the united states supreme court and then the justices look at this and they say wait. there is no criminal intent there is no culpability this isn't even really a statute , the instructions were faulty
and what did the supreme court rule? . >> they reversed it unanimously. mark: every justice said no. >> exactly. mark: what happened to mister wiseman? . >> absolutely nothing. he was director of the enron task force and by that time when anderson was reversed he already set his sights on the merrill lynch and indicted for executives on a multicount indictment that they also made up a crime. mark: what happened to anderson? . >> it was destroyed the minute it was indicted it collapsed not only under criminal indictment so it lost all clients but 160 civil plaintiffs piled on with multiple lawsuits. mark: it was crushed bark all those people lost their jobs and investors lost their money.
>> all the partners lost their money. >> in a case reversed by the united states supreme court mister wiseman was in charge. >> yes and anderson was the hallmark or the benchmark for accounting standards they were the gold standard. a venerable accounting firm. mark: was wiseman involved in merrill lynch? . >> yes. not the company but one of the reasons they indicted anderson was to send a message to other companies that if they knock on your door you better cooperate or you could be destroyed to give the death penalty just like anderson. mark: if you didn't do anything? that is the power that a handful of prosecutors have. >> yes. >> you even see it today with indictments it is all one-sided. nobody has any say they don't
get a chance to respond with a group of government lawyers have decided to charge somebody or an entity with crimes is the beginning of the process not the end i want to pursue this later because the media treats it as set but i want to talk about these executives with merrill lynch. >> essentially they offered a sacrificial lamb entering into a nonprosecution agreement with the government on behalf of merrill lynch the company that was extremely onerous they agreed to have an overseer for the enron task force installed in merrill lynch over 18 months to oversee everything including the bills the lawyers were submitting, they agreed no merrill lynch employee could say anything that contradicted the government's view of the prosecution which was absolutely astounding and i
think illegal. mark: the government tells the company it is investigating to over see the bills they pay defense counsel. >> something else that's going on also. mark: that's unconstitutional. mark: what about the individuals that were indicted quick. >> they went through a ten year period of unmitigated hell there was investigations and then they were indicted and then they face trial. the trial was a circus i detail it at length in my book. mark: license to fly. this book. >> yes. tried in houston in the wake of enron clapp one - - collapse. people were furious and anderson was just convicted so
there was all the uproar about that. all of houston was in turmoil but they were all convicted. the lawyers for the defense were like deer in the headlights they were blindsided by the government they had made repeated request for material because the government holds all the cards for the prosecution they are legally constitutionally and ethically to produce any evidence that is favorable to the defense within his possession or reach. no. it denied that there was any such material that when the defense kept making demand after demand the judge at the time who was assigned to merrill lynch finally made the government produce a list of people they admitted might
have some material and then upon further demand he finally ordered the government to produce a summary of that material. mark: when we come back i want to know what happened to these for executives when we continue to examine mister wiseman. because it's very crucial and beyond that how the special counsel's office is operating. ladies and gentlemen, don't forget most weeks you can watch me on levintv. go to blaze tv / mark or call us at teefive we would love to have you at our conservative town hall over there. we will be right back. 44, 45, 46...
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defense counsel is charging which is really quite exceptional and for men are charged, executives, they convicted quick. >> yes they were indicted for conspiring to defraud enron with the services of andrew fast out. mark: what happened? i assume they appealed? . >> they were all convicted they did appeal and on appeal the fifth circuit reversed 12 out of 14 they reversed all counts against merrill lynch defendants and the related wire fraud. mark: be clear. all the counts relating to the work with enron were reversed? . >> yes. all charges were reversed conspiracy and wire fraud, yes. they were not valid charges the conduct was not criminal.
the real atrocity was that these men at the urging of mister wiseman and his enron task force cohorts were sent to prison upon their conviction. mark: they didn't wait for the appeal the immediately sent them off to federal prison? . >> the youngest defendant was sent to a maximum security federal transfer facility with the worst of the worst criminals in the country. mark: when i was chief of staff i saw marian which is a top security prison why would they send this gentleman to a maximum security prison with terrorist and mass murderers and mobsters and gang bosses the worst of the worst? in order to break them? . >> yes. they did the worst things they could do to these men. mark: that is wiseman.
he had to ask the federal bureau of prisons to put that man in that place because if he didn't he would not be. >> and that young man was completely acquitted on appeal. mark: how long was he they are quick. >> eight months away from his family and an unmitigated hell. mark: so what were the other two counts quick. >> they were absolutely appalling. my client was convicted and still stands convicted on two counts of perjury and obstruction of justice for testifying about his personal understanding of the telephone call he was not even on after mister wiseman and the grand jury told him to share his personal understanding of that phone call whether it was accurate or not. mark: this is interesting.
isn't that the way they want to catch the president of the united states? . >> exactly. mark: how many years ago was this? . >> 16 or 18 years ago. mark: the connection between mueller and wiseman goes to decade. >> at least. mark: he treats him like a son and seems to bring him with him wherever he goes including director of fbi. >> he did he has been promoting and protecting him for at least two decades. mark: one is a special counsel the immediate first choices andrew wiseman to be the top lieutenant. >> that's right. mark: getting into the treatment of the president but first i want to talk about manafort. the last time i heard he was in solitary confinement in federal prison. >> yes he is. mark: the same treatment as the merrill lynch gentleman
but he was convicted by a jury on multiple accounts back in dc trying to get more accounts piled on. there have been reports he is broken and depressed. this is par for the course? if you have a prosecutor you have a conviction then you move on to the next case. you have been involved in a lot of cases. but this is different it is a bloodsport for mister wiseman. >> definitely. mark: they drag him back into washington d.c. in front of the obama judge and yes it does make a difference, who is very receptive apparently to the special counsel's argument and has been repeatedly. >> yes. she remanded mister manafort to custody immediately upon their request and allowing
them to pile on additional charges. mark: if you look at the case involving anderson and merrill lynch with the four executives in manafort, it's almost as if not that they have more to offer but there is almost an obsession or this odd desire to destroy these people not just punish them but to break them into a thousand pieces. >> exactly. and wiseman did the same thing to another person i described in license to lie young enron treasurer who just wanted to plead guilty to a crime that he admitted he committed and one of the schemes and want to go to prison but mister wiseman wanted him to cooperate and testify against other people. that he just wanted to do his
time and be done with it. so what happened to this young man at 30 something years old? he was immediately gone into solitary confinement barely large enough to stand up with a slit for light, cage like an animal 23 hours a day and he was completely broken they left him there almost two weeks and then put them into the general prison population solitary will drive a sane man insane within 24 hours. mark: i want to talk about this so-called gentleman it is the invisible hand who puts the effort against the president of the united states. we will be right back as someone in witness protection,
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see this content on your book page that belongs to me. . >> despite calls from both parties for his resignation he says he will stay on as governor. i am jon scott now back to "life, liberty & levin". mark: sidney powell president of the united states, i think he was set up from day number one before he was president of the united states. >> i agree. >> as a candidate they were focused on him i don't care what the mueller report has to say there has to be another report on as kennedy trump or president-elect trump and then shortly after he became president trump, there is a stream of factual information that the media essentially rejects. the facts to demonstrate that the obama administration at
the highest levels of the fbi in the intelligence agencies like general flynn, we had individuals from the obama administration people have not been pursued we had the hillary clinton campaign earlier this week there was information that five or six surrogates of the clinton campaign were put in the dossier into the fbi and among others, baker, the general counsel who was now out under criminal investigation god a copy and others also received copies because it turns out the clinton campaign they funded the operation they funded the opposition research. they pushed into the fbi with a friendly senior level run by the obama administration and
the loretta lynch justice department. so mister wiseman it turns out based on his earlier reporting from this week was among several who were told to serve on the staff of the deputy journal - - general very senior position i had that position once that was a holdover and became extremely partisan but wiseman before he goes into the special counsel that according to his testimon testimony, this dossier for fusion gps that secured the dossier and just be careful because it is opposition research and there
are political aspects to it so they developed this then they file in the fisa court which nobody read including the fisa court judge. rather than explain the dossie dossier, they ultimately want to investigate the man who becomes president of the united states, donald trump. not carter page, not manafort, they want trump. and they get it extended three times. not once about this poisonous fruit so i have two questions. how can you be on staff when he knew from day number one
about the dossier? and number two you and i practice law in federal court from time to time, federal judge learns false and misleading information on that basis they sign off on a warrant? i can tell you the federal judges would have dragged my but back into court with an evidentiary hearing and held me into contempt. where are these judges? first of all, how does wiseman get away with this? because mueller wants them to? second wire the federal judges now that they know the truth, it is in the media why are they in silence? . >> wiseman has been doing this at least 20 years and bob mueller knows it. that's why he brings them on the task force. mark: bob mueller once this
guy. >> he has to. he hand picked him. >> he has advanced his career. >> totally and has protected him. and i know that because i filed a grievance against andrew wiseman while he was deputy director general counsel of the fbi under mister mueller. the department of justice was defending him against the grievance with the new york bar in unbeknownst to us the new york bar printed to the department of justice professional responsibility to decide it while they were defending him so that we get a letter finding absolutely nothing was wrong even though mister wiseman had yellow highlighted evidence they knew before trial was favorable to the merrill lynch defendants completely favorable to them
that is the language we needed to send them before the trial to exonerate them completely and they hit it. mark: he just seems to get away with it. >> is not even on the edge that shows that the prosecutors plainly suppressed the defense they just bailed out the government by saying it wasn't material that the fifth circuit court ruling material or not shows sketchy conduct with the supreme court reversal. you have this man who was told the dossier is tainted he winds up in the special counsel's office. the other judges don't do a damn thing on the fisa court and now the president of the united states and they state we went to interview the president of the united states. it's no big deal. we want to know his opinion we want to know his own opinion
about michael flynn. when we come back i want you to explain to us why that's a problem. we will be right back. shaquem get in here. take your razor, yup. alright, up and down, never side to side, shaquem. you got it? come on, get back. quem, you a second behind your brother, stay focused. can't nobody beat you, can't nobody beat you. hard work baby, it gonna pay off. you got this. with the one hundred and forty-first pick, the seattle seahawks select. alright, you got it, shaquem. alright, let me see.
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interested in the truth whatsoever but whatever they can generate to create a criminal offense whoever they want to target. they will do that by any means they can manufacture. mark: so why do these questions ring a bell? . >> for example, my client still stands convicted a merrill lynch executive of perjury and obstruction of justice, two separate defenses for expressing his personal understanding of a telephone call he did not even participate in after mister wiseman instructed him in front of the grand jury to share that personal understanding whether it was accurate or not. if it doesn't have to be accurate then how can it be perjury and how can your personal understanding be perjury? that makes no sense whatsoever that he has two felony convictions based on that
thanks to mister wiseman. mark: he couldn't get it reversed and mister wiseman knows that so he takes an old play from the flava to say i have the president of the united states what is your personal opinion about comay? and they find a trick contradictory piece of evidence although the president cannot be held for obstruction of justice that is abundantly clear but they will write a report and only give one side. this is what i want to ask you. they could go to the courtroom to keep their mouth shut. so the report is supposed to
be confidential just for the higher-ups in the department of justice in congress will demand it somebody will likely leak it so here we have a document by the likes of mister wiseman who will oversee it with his boss mister mueller and given your experience with mister wisema wiseman, do you expect this report to be fair that lays out the different responses? do you expect it to be the sort of thing that mister wiseman is known to do in the court room at sentencing hearings as withholding information? what to expect from those reports? . >> mister wiseman could write a report that would make you giving your mother a nice christmas present a criminal federal offense. mark: with your own experience with this fellow and his record and he will write the
report. isn't that why pelosi and the other democrats of the media say wait for the report. wait for the report. because they know who is writing the report and i suspect they know things frankly will be in the report. wasn't mister wiseman at the hillary clinton victory party? . >> i heard that is true. >> she lost in that upset hymns but the acting attorney general and the deputy attorney general and while schumer and the democrats were holding session for confirmation to drag the recusal, she was the acting attorney general who blocked the president of the united states because she would not allow the justice department to argue the in defense of executive order on the immigration status for certain countries he told her to keep
it up. to fight. >> yes. he was applauding her. mark: you have been doing this a long time you are a prosecutor and defense counsel. the media treatment of this? i look at the media treatment of ken starr. and robert mueller. and they are mirrored opposites of each other. has the media gone completely in the tank? . >> yes. i have no doubt but you need to know andrew wiseman is a master manipulator of the media he did that throughout enron litigation also and sat in the courtroom with his arm around the lead reporter for the houston chronicle throughout the litigation of enron. mark: during the course of the investigation with the associated press? . >> yes. that was before he was on special counsel in department
of justice looking into the manafort issues. mark: i will pursue this with you in a moment. most every weekday watch me on levintv. sign up and give us a call. teefive we're go to blaze tight - - blaze tv / mark. we will be right back. before discovering nexium 24hr to treat her frequent heartburn, marie could only imagine enjoying freshly squeezed orange juice. now no fruit is forbidden. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn?
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mark: there has been a lot of reports the head of the fbi comey tried to cover up as he was under oath why else? baker also leaking. number two and number three under criminal investigation, so there is a lot of leaking at top level and the criminal investigation first counterintelligence investigation so now in terms of the special counsel's office i have surmised that one of the reasons the media treats them so well of
course, they hate trumpet and want to see him hanging from a telephone pole but also these are their sources. so when this buzz feed article came out they basically pointed to the special counsel's office even if there is a pass-through to anonymous law enforcement officials it had to come out of mueller's office. i open the review and i said with a half million listeners not just terrestrial radio, justice department you have your basis for a leak investigation. and investigation into the mueller's office the two fbi agents off the lie detector test if those prosecutors turned to them that's fine they will still be interviewed now the false statement pops up now they are on the line so have you ever talk to the
media when? what media outlets? by the way we want your text and e-mails and phone logs. they were caught in a massive scandal. this is my opinion. what do you think? . >> i agree completely that is wiseman's standard operating procedure he crafts the narrative he wants to put people ahead of the charges that are brought ahead of the trial. he did that with enron and merrill lynch litigation also. mark: it's interesting to me in the hard left mass media that there is no criticism whatsoever of this prosecutor's office have never seen anything like it no prosecutor staff is treated this way so i know they despise trump and they want him out and they are a mouthpiece for the left, but the sources are the fbi and
number two and number three people at doj and i believe people in the special counsel's office. i think that's why the second time i believe they've done this they have issued this statement to distance themselves from buzz feed. this is the story i think that that even the conservative media praising mueller. they think he is a good guy after all he put out a statement it is self-serving. >> totally self-serving they were protecting themselves. mark: in terms of this report that they are writing, you don't doubt that wiseman has a heavy hand. >> i am sure he will edit every word. mark: they will deliver to the attorney general and then the attorney general is private
shirt to deliver it to congress in the media but there could be grand jury information for national security information that honestly has to be removed. so it seems the left whether a journalist or a member of congress will argue cover up. cover up. they will not even let it go do you think? . >> i am sure there will be a huge uproar over all of it. mark: let me ask you this from a constitutional perspective , the prosecutor issuing the report, accusing people, is that constitutional? . >> it is totally inappropriate because the only charge a prosecutor supposed to bring is in the indictment and the report should be as minimal as possible only for the eyes of the attorney general otherwise it's like what comey did in his july 5th speech it is inappropriate from every perspective charges are brought or they are not.
mark: due process and presumption of innocence and unfortunately - - fortunately a president who cannot be indicted while sitting in office. . >> it creates a massive spee - - smear campaign that is what this was all about to begin with. mark: we will be right back. ♪ memories. what we deliver by delivering. and back pain made it hard to sleep and get up on time. then i found aleve pm. the only one to combine a safe sleep aid, plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am.
i literally could not sleep because it was such appalling prosecutorial misconduct. when i saw the people i named in the book that were chosen to the enron task force during the bush administration and have come to run the white house, the fbi and the department of justice, i could not be quiet about it. i had to try to alert the american public to what was going on. was there an attorney general more political than eric holder? >> absolutely not. we just witnessed the weaponization and politicization of the department of justice and the fbi under obama. mark: all of this happened under obama. loretta lynch. the russian interference in the
election. obama. it's been an enormous pleasure to have you. thanks for all the work you do. join us next time on "life, liberty & levin." jesse: welcome to. "watters' world." i'm jesse watters. virginia democrat governor ralph northam showing no signs of resigning after this photo was revealed from his yearbook showing a man in black face and another in the kkk robe. he first said that was him and he apologized. >> i took an oath to serve the people of this commonwealth to the best of my ability. as long as i believe i can effectively fill that task, i