tv Life Liberty Levin FOX News February 9, 2019 4:00pm-5:01pm PST
>> sort of like tinder but with dogs, popular dating app lets lovers swipe right for pet match, so far only dogs for now. i'm rick, have a great rest of your weekend. ♪ ♪ >> hello, america, i'm mark levin, this is live, liberty and levin, sidney powell, how are you, my friend? >> honor to be here. you were in fact, this is quite remarkable, you worked at the department of justice for 10 years, you worked in 3 federal yodistricts under 9 different united states attorneys. it's not that you changed, it's they changed over the course of time when the new administration comes in or what have you and the u.s. attorneys were appointed by presidents in both parties.
>> exactly. >> and you also had been counsel, lead counsel in more than 500 federal appeals, 350 of them in united states attorney and appellate chief in northern districts of texas, i want to audience to know how significant that is, you were one of them. >> thank you. >> and i want to tick a very close look at robert mueller's office, a lot of people focus on robert mueller and they should, but it's the number two guy that mueller relies on everything, andrew, let's focus on andrew so the american people know who he is and knows who really is the -- in many cases the wizard of oz, tell us about andrew weismann.
>> the poster boy for prosecutorial misconduct, mueller appointing him to that position. >> where was mueller at the time? >> mueller was in the fbi at the time.re >> director of the fbi. >> yes. >> to handle the enron case.e. >> was deputy director at the time when they first started under leslie caldwell and the collapse of enron. so they targeted arthur anderson to begin with, accounting firm. >> they are investigating enron? >> yes. >> and they target arthur anderson, for what? >> for destroying evidence, it's what they called it but they did it by making up a crime, combining two separate statutes to create a crime out of something that wasn't. so they destroyed arthur
anderson. >> how did they destroy arthur anderson? >> indicted it. >> financial advisers to enron?i >> auditors and financial advisers to enron. >> they manufactured crime by combining two different statutes? >> exactly. >> and at that time how many people worked for arthur anderson? >> 85,000 people. >> 85,000 people and weissmann was the lead investigator. >> lead prosecutor on that case. >> he reported in part, the director of the fbi at the time mueller. >> yes. >> okay. what did they do? >> well, they knew they were going to destroy the company when they indicted it because anderson represented 2500 publicly traded companies and no auditor who represents publicly trtraded companies can functions an auditor when they are indicted, so they steal -- seal the indictment.
>> wait, seal indictment, absolute disasters for auditors, financial advisers? >> yes. they worked behind the scenes during that week to avoid upheaval in the markets so when athey announced indictments and unseal it the markets are not as disruptive as they would have been if they had just indicted icthem publicly immediately. >> what did they indict arthur anderson for? >> a witness tampering statute and the way they did it they took essentially, took criminal intent out of the process and, in fact, when the supreme court later got the case, justice rhenquist wrote the decision for the majority, for the unanimous supreme court and said it was shocking how little criminal emculpability the jury instructions had required and that anderson had not committed
a crime at the time. >> so anderson gets caught in enron case, weismann must know that there wasn't criminal culpability. he indicts the entity which for a nay juror international corporation it's a disaster to begin, you get documents subpoenaed and so forth and searching fur computers and your records here and all over the world, so it creates great in a company and that depending on the nature of subpoenas and indictments and so forth can freeze a company and so here is this company arthur anderson that's in the business of protecting other companies, they're auditors, they are accountants, financial advisers, reand they are being accused of what, witness tampering? >> yes, and obstruction of justice under two different statutes that combined created this new offense because there
wasn't one, anderson had not been subpoenaed for any documents at the time, anderson was cleaned up its files and proceeding to get ready for the investigation, so they just made up a new offense by combining the two different statutes. >> you call the name of federal trial judge that was involved in the case? >> melinda harman in houston. >> i assume they appealed it? >> the circuit affirmed it on appeal. >> they appealed through the united states supreme court which takes the case which is relatively rare. >> yes. >> and the justices look at, this you mentioned rhenquist and they say, wait a minute, there's no criminal intent, there's no criminal culpability, this isn't really a statute, the instructions were faulty and what did the supreme court rule? >> they reversed it unanimously.
>> unanimously, every justice said no.ou >> exactly. >> what happened to mr. weismann since he led the case? >> oh, absolutely nothing. mrs. weismann became director of the enron task force, he already by that time, he had turned sights on the merrill lynch defendant in what was called nigerian case and also made up a crime. >> we will get to that in a minute. what happened to anderson? >> anderson it was destroyed the minute it was indicted. >> collapsed. >> collapsed not only under criminal indictment so itne lost all clients, 160 civil plaintiffs piled on in multiple lawsuits. >> so crushed? , all those people lost their jobs. >> exactly. >> investors lost all the moneye >> all the partners lost their money. >> they lost everything in case that rewas reversed 9-0 by
supreme court that mr. weismann was in charge of. >> anderson was accounting standards. >> merrill lynch you mentioned was weismann involved in that? >> yes, not the company, i think one of the reasons they indicted anderson was to send a message to other companies that if they knocked on the door, if the enron task force knocked on your door you better cooperate or you could be destroyed and given the death penalty like anderson. >> that's the power that a handful of prosecutors have.? >> yes. >> and you even see it today with indictments, when mueller hands out indictments, it's all one-ed, people need to understand, they haven't had a chance to respond, nothing has happened but a group of
government lawyers have decided to charge somebody or some entity with crimes, that's the beginning to have process, it's not the end of the process and i want to pursue with this a little more later because the media treated -- well, that's it, but i want to talk about the executives with merrill lynch, what happened then? >> well, essentially merrill lynch offered land and entered into a nonprosecution agreement with the government on behalf of merrill lynch the company that was extremely and in fact, they agreed to have overseer from the task force installed in merrill lynch forth a period of 18 monts to oversee everything including the bill that is m the defense lawyers were submitting. they agreed that no merrill lynch employee could say anything that contradicted the government's view of the prosecution which was absolutely astounding and i think illegal and then merrill lynch
executives -- >> so the government secretes itself within the company it's investigating? >> yes. >> to oversee the bills that they are paying defense counsel? >> yes, and everything else that's going on. >> unconstitutional, four executives indicted, what happened to them? >> their lives were destroyed. e they went to 10-year period of hell, there was investigation and then indicted and then they face trials. the trial was a circus. a detail of it linkedin my book. >> this book? license to lie? >> yes. they were tried in houston in the wake of the -- >> ofenron -- >> in the wake of enron collapse. >> people were angry. >> people were furious, anderson had been convicted. all the uproar about that.
all of houston was in turmoil because of the collapse of enron. >> what happened to these four? >> they were all convicted. the lawyers for the defense were like deer in head lights most of the time, they were blindsided at every turn. >> by the government? >> by the government. they had made repeated requests for material because the government holds all the cards in a criminal prosecution -- >> yeah. >> the government is legally constitutionally and ethically required to produce any evidence that is favorable to the defense that is within the government's possession or within its reach, oh no, they steadfastly denied that there was any such material. when the defense kept making demand after demand after demand, the judge at the time judge who was assigned the merrill lynch case finally made the government produce a list of people that they had admitted might have some braiding
ematerial and upon further demad he finally ordered the government to produce summaries of that material. >> when we come back, i want to know ultimately what happened to four executives and i want to continue to examine mr. weissman because it's crucial and beyond that the special counsel is eroperating, ladies and gentlem, don't forget, most weeknights you can watch me on levin tv, i hope you'll sign up there, give us a call at 844-levin tv, we will would love to have you at our conservative town hall over there. we will be right back.
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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? they did appeal and on appeal the fifth circuit reduced 12 out of 14 counts of conviction, they reversed count against all the merrill lynch defendants and the related wire fraud counts. >> let's be clear, so all the counts relating to their work with enron were reversed. all chd conspiracy and wire fraud, yes.d 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 i switched to stimulant-free miralax for my constipation. stimulant laxatives forcefully stimulate the nerves in your colon. miralax is different. it works with the water in your body to hydrate and soften, unblocking your system naturally. and miralax doesn't cause bloating, cramping, gas, or sudden urgency.
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first interview just a week after racist photo in yearbook was discovered. he wants to focus the remainder of his term, quote, racial equity signaling she -- he will not step down in the meantime accusing fairfax of sexual assault. attorney general admitted on wednesday that he wore black face in college party in 1980. massachusetts senator elizabeth warren is entering race for president, she made it official earlier today during rally in home state just before her
announce meant a manager for president trump's reelection campaign called her a fraud. i'm rick levanthal, now back to life, liberty and levin. , i thik he was set up from day numberhik 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.
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mr. weissmann knows that. look at this, i have to president of the united states. we want to ask the president of the united states, what is your personal opinion about the way that comey and why you removed him and they find some contradictory piece -- something he may have said elsewhere even though a president cannot be held for obstruction of justice, it's abundantly clear that they are not going charge the president, they will write a report and be able to write a one-sided report and this is what i wanted to ask you, prosecutors don't write reports. reporters speak in the courtroom where they keep their mouth shut. >> right. >> we have special counsel that will write a report. okay, the report is supposed to be a confidential report just for the the higher ups at the department of justice, the press
is going to demand, somebody will likely leak it. we will have a document by the likes of mr. weissmann with likes of mr. mueller, given your experience with mr. weissmann do you expect this report to be fair report, that lays out the different responses, do you expect this report to be the sort of thing that mr. weissmann is to do in courtroom at sentencing hearings, kind of withholding certain kind of information, i'm just going certain kinds of information, what do you expect from the report? >> mr. weissmann couldn't write a report giving your mother a christmas present sound like federal offense. >> your own experience with this fellow and his record and he's going to be writing the report and isn't that why pelosi and
the other democrats in the media say, let's wait for the report, let's wait for the report because they know who is going to be writing the report and i suspect they know some of the things frankly that are going to be in the report. wasn't mr. weissmann at the hillary clinton clinton party, i understand she lost and that upset him very much. didn't he send a communication sally yates was attorney general at one point and obama left appointee, deputy attorney general and while schumer and the democrats were holding up sessions for confirmation until they could drag recusal out of him, she was the acting attorney general who blocked the president of the united states because she was not going to allow the justice department to argue for executive order and defense of it on the limited immigration status of certain countries, individuals from certain countries and he told her to keep it up, fight.
>> yes, he was applauding her resistance to the president. >> you've been doing this a long time, prosecuted for a long time, defense counsel a long time, the media treatment of this, i look at the media treatment of robert mueller and they are opposites of each other and has the media again completely in the tank, do you think? >> knife doubt about that. the other thing that you need to know that andrew weissmann is manipulator of the media, he sat in courtroom with lead reporter for the houston chronical throughout the enron litigation. >> didn't at some point briefed -- >> oh, yes, before special counsel's team on department of justice, looking into the
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mccabe number 2, leaker, baker number 3, the general counsel, leaker. the number 2 rand number 3 under criminal investigation, page, lots of leakers and, of course, criminal investigation, first counter intelligence investigation and now in terms of the special counsel's office, i've speculated that they are leakers and that's one of the reasons the media treats them so well, of course, they hate trump and they want to see trump hanging from the telephone pole
but also, you know, these are their sources. so when this buzzfeed article came out they basically pointed to the special counsel's office, where else would you get these documents, texts, emails even if there's a pass through to anonymous law enforcement officials they would have had to come from mueller's office. i went on the radio and i said for an hour, 8 and a half million listeners and that's just radio, i don't know satellite or the internet. okay, justice department, now you have your -- your basis for leak investigation, you need to conduct a leak investigation in the mueller's office, what's leak investigation, you have two fbi agents come in offer lie detector tests, if those prosecutors turn them down, that's fine, they will still be interviewed. the false statements pops up, they are on the line and the questions that they would be asked wouldn't be just about buzz fed, when did you talk about the media, who in the
media, by the way we want your texts, emails, phone logs, they would have been caught up in a massive scandal. this is my opinion, what do you think about it? >> i agree with you completely. that's why standard operating procedure, he crafts the narrative, he did that in the enron and merrill lynch litigation also. >> and what's interesting to me in the mass media, the hard-left mass media, there's no criticism whatsoever of the prosecutor's office, i've never seen anything like that. no prosecutors treated this way, in prosecutors' staff is treated this way. i know they despise trump, they want him out, mouthpieces for the left and so forth, but their sources have been the head of the fbi, the number 2 at the fbi, number 3, others at the fbi, people at doj and i believe
people in the special counsel's office and i think that's why they took this rare occasion, actually the second time to issue this statement and distance themselves from buzzfeed. this is the story i think that the media, even the conservative media are getting dead wrong. they are praising mueller, look at this. the guy is a good guy, after all they put out a statement, it's self-serving. >> it was totally self-serving, they were protecting themselves. >> in terms of this report that they're writing, you don't doubt that weissmann has a heavy hand in this? >> i'm sure he will edit every word out of it. >> and they'll deliver to the attorney general, then attorney general will be pressured to deliver it to congress, to deliver it to the media, but there could be grand jury information in there, there could be national security information that honestly has to be removed and so it seems to me
the left whether they are journalists or members of congress are going to argue cover up, cover up, cover up, in other words, they are not going to let it go with the report, do you think? >> i'm sure there's going to be huge uproar over all of it. >> let me ask you from a constitutional perspective, a prosecutor issuing a report accusing people of stuff, is that constitutional? >> it's totally inappropriate because the only charges the prosecutor is suppose today bring are in an indictment and the report should be as minimal as possible and only for the eyes of the attorney general, otherwise you're -- it's like what comey did in his july 5th speech. it's inappropriate from every perspective, it should either be charges are being brought or charges are not being brought. >> undermines the bill of rights, due process, presumption
of innocence and unfortunately a president who cannot be indicted while sitting in office according to department of justice, how does he get his name back? >> creates a massive smear campaign, but then that's what they want, this is what it's about to begin with. >> we will be right back. so why am i still thinking about this? i'll take aleve. aleve. proven better on pain. .. to be nobody but yourself in a world which is doing it's best to make you everybody else... ♪ ♪ means to fight the hardest battle, which any human being can fight and never stop.
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moving? that's harder now because of psoriatic arthritis. but you're still moved by moments like this. don't let psoriatic arthritis take them away. taltz reduces joint pain and stiffness and helps stop the progression of joint damage. for people with moderate to severe psoriasis, 90% saw significant improvement. taltz even gives you a chance at completely clear skin. don't use if you're allergic to taltz. before starting, you should be checked for tuberculosis. taltz may increase risk of infections and lower your ability to fight them.
tell your doctor if you have an infection, symptoms, or received a vaccine or plan to. inflammatory bowel disease can happen with taltz, including worsening of symptoms. serious allergic reactions can occur. for all the things that move you. ask your doctor about taltz. mark: sidney powell is a former attorney general chief staff under the reagan administration. my attorney general ed meese played it straight. he was a former prosecutor himself. i see an increasingly political department of justice and fbi. what do you see? >> the same thing. that's one of the reasons i felt compelled to write and self-publish "license to lie." i literally could not sleep
because of what i had seen, it was egregious prosecutorial misconduct. and it got worse under the obama administration. when i saw the people chosen for the enron task force under the bush administration, then the obama administration and come to run the fbi, the white news and the department of justice, i had to try to alert the american public to what was going on. mark: any attorney general in recent times more political than eric holder? >> absolutely not. we have just witnessed the politicization and weaponnization under president obama and the worst ever under the department of just its and the fbi. mark: all these activities,
russian interest force in the election. under obama. ladies and gentlemen, join us next time on ""life, liberty & levin"." [♪] jesse: welcome to. "watters' world." i'm jesse watters. a dumpster fire on the left. the media won't tell you, but the democrats had the worst week they have had in year. elizabeth warren busted for racial identity theft. this is a texas state bar admission registration card where she claimed her race was american indian. the former executive editor jill abramson is repdl