♪. mark: hello america i am mark levin and this is "life, liberty & levin" sunday. powerful gas for your we have america's governor, florida governor desantis. of america's a wiseman victor davis hanson will be joining us shortly. i've always said you're the smartest of all audiences, why? we get into things others are not going to get into and other networks and self. i do not do the fan dancing and everything else to grab your attention. substance, intelligence, that is what i do here. we are going to need that today, right now. going to explain something to you. not enough attention is given to what happened manhattan case. the options for donald trump and the american people's in that case's decision i'm very frustrated with lawyers who come on tv will heard or read articles that basically says donald trump is stuck in that new york judicial gulags. he is not paid in very troubled by it lawyers who do not do their research. who do not look at the precedent that is in front of us. for the opportunities for president trump and his lawyers to try to get out of what is the new york judicial gulags. there are certain rents we've talked about before the supreme court can issue but it has to be asked. if it is not asked us not going to do a thing. it does not have original jurisdiction we do not have a court system like they have in israel and other places that can see something in separate going get involved in that, that's not the way it works and we do not want it to work that way we do not want a super legislature for the court system in this country is bad enough quite frankly. so what do we do? what to walk through this slowly so even the lawyers on msnbc and cnn can understand although i don't think they care but we do. the american people. you have in this case, apart from all the local issues and all of the rest issues involving federal election law. issues involving presidential election the highest of federal official in the nation being chosen. you have federal constitutional issues, first amendment, free speech the gag order yes but even more than that the idea a nondisclosure agreement violates campaign laws is not only falls on the law but that would violate the first amendment. the fifth amendment, due process and equal protection rights also conveyed on the states by the 14th amendment as they were ratified that amendment after the civil war the sixth amendment you have a right to counsel the canc cancel cannot e competent when they're endlessly being interrupted, sabotage cannot call proper witnesses, do not have notice of what laws are involved and so forth and so on. then you have facts. facts that suggest the timing of the case after the federal authorities rejected it, and local authorities rejected at this case was brought for the purpose of interfering in eight federitfederal election. a federal campaign. in usurping federal authority. it was timed in order to create a very convoluted, slow appellate process within the state. so major issues could not be resolved because the proper length of the appellate court before the election. so this is an ongoing violation. now the question is whether donald trump will have to wear an ankle brace for that they'll have to get permission from a probation officer every time he travels to a state. whether his sentencings will be stayed in on and on and on. we are all waiting around for politically democrat judges to make decisions that belong in the federal government. this is fundamental. it is not just one instance these are multiple federal constitution and legal issues. they cannot be resolved by the state of new york. must be resolved at the federal level. must be resolved at the federal level the issues are compelling, they are overwhelming for this election in future elections for this republic how we elect presidents and for our electoral system. there has ever been a case that the supreme court should take up and argue would take up it is this case. it checks off all of the unconstitutional and unlawful activities that would trigger supreme court intervention. now i cannot predict that in advance the basic pushback i get from some of the lawyers who do not understand what they are saying is the court is not going to take it up. how do they know? the court took up bush versus gore. bush and cheney campaign or not waiting around for a final decision by the florida supreme court. said while i supreme court will not take up the case, they took that case to the supreme court but they were not even sure how to characterize their case as an emergency appeal the court accepted as written it does not matter. on december 84 -- 3 decision florida supreme court ordered immediate manual recounts up over votes for the office of president and all county were such recounts had not already taken place they were changing state election law. there were chair picking counties out help gore and the bush campaign petition the u.s. supreme court for first day ofe recount order which was granted on december 9 treating the petition as it former request for review. the court agreed to take up the case bush versus gore. the florida supreme court was out of control for their interfering with the eventual electoral count in florida brother trying to deliver the race to gore. the justices, among other things, their flesh and blood. they are human beings for the shower like we did with the eat like we did they do other things like we do and they see what is taking place they saw this court was out of control changing election loss to advantage outdoor the supreme court knew it. oral argument december 11 bush's legal team asserted the florida supreme court exceeded its authority by ordering the manual recount under votes on gore's team contend the case having already been decided at the state level was not a matter for consideration at the federal level. in a ruling issued the following day the court found seven -- two due to inconsistencies and minute recounting methods the status of jim florida counting florida court order of a mental recount a mandatory violation of equal protection clause in the 14th amendment. by a smaller majority five -- for the court also ruled note new recount could take place because none can be finished by the safe harbor deadline the date set by federal law by which states were required to resolve any disputes regarding the selection of presidential electors in order to guarantee their final determination quote shall be conclusive and shall govern in the counting of electoral votes is provided in the constitution unquote the extent to which the court went. the stop the florida court was doing to stop that recount in the middle of the recount. to say that is unknown if your deadline has been met that is the end of it. in florida. it is far more extraordinary, far more extraordinary than anything donald trump and his lawyers to be asking the supreme court to do, why? these are federal law, federal constitutional violations. federal jurisdictional violations. by an acting state judge and a prosecutor, by two people. and it is ongoing. sentencing and other issues have to be decided by the local judge. and then the appellate level on the level after that but this is an ongoing violation. it does not matter wit what the final court has to say. again if i'm donald trump's lawyers i go through that process. but you go to the supreme court of the united states now how do we get to the supreme court of the united states? this is where people get bogged down. the art rithe art writs and com. and it really does not matter which you follow here is a piece by former attorney general griffin bell would later become attorney general under jimmy carter. the southern methodist university la law school law rew the fellow appellate courts and it discusses what common law are a discusses it in the context of a specific statute that was passed as part of the original judiciary act in 1789. about to get in the weeds, we are smart and can follow this. the preemptory common law writs are among the most potent weapons and the judicial arsenal. common law writs are used, they are rare use more and more than the federal chain of courts. so, what does he say here? the basis for general judicial supervision over inferior courts if you are a federal court your extraordinary preemptory writs can be found and early, and allow the alt writs act as a direct descendent of the judiciary act of 1789. other than the supreme court which is created by the constitution everything else is created by congress but all of the other courts, the number of courts, how many justices are on the supreme court granted federal courts the power to issue extraordinary writs in aid of their respective jurisdictions for it while it is clear the all writs act authorizes the issuance of traditional, not writs of prohibitions the phrase all writs encompasses common law injunction subpoenas. do not worry about all of that. what that really means is there are many ways of characterizing this direct appeal to the supreme court and relaying the facts and what is taking place under the law to the court. in fact you can use multiple requests it says choosing the correct to obtain the desired relief is no longer necessary in the federal courts, different may be sought alternatively or cumulatively. the choice is not unimportant these subtle distinctions among the various have no effect on the relatively usefulness as vehicles for review. we are not seeking until lockard tory review at the federal level but in effect we are of the state courts activities. hello count before you finish on the estate side we have big questions at the supreme court needs to answer. the jurisdictional pre-requisite for application of the art writs act is simply it beat necessarily appropriate in aid to the jurisdiction of the issuing court the supreme court the company explain the power of the courts of appeals under the act quote the question of negative powers long been settled by this court presents a courts of appeals could at some stage of the proceedings entertain these cases the power and proper circumstance to reaching them. this is an expression of prospective or concurrent appellate jurisdiction, the power of the courts of appeals is not limited to cases where an appeal has already been filed. rather this power of review extends to all proceedings for the actions of the trial judge at some future stage of that litigation may be reviewable parade that applies to the federal chain but as i explained here, we have violations of federal law, federal constitutional provisions by a state court. now the supreme court, the federal government ever get involved in state court decisions? or state law decisions or state regulatory decisions? you better believe it. they are things called express federal which is what we have here federal constitution, federal due process rights. equal protection rights under the constitution applies to the state. federal jurisdiction under the federal election law under a presidential election and i can go on and on and on you have implied federal preemption. you have the states that are obstructing federal preemption of this litigation of presidential activities taken place before it gives the supreme court jurisdiction a states cannot regulate congress which is what it is doing and that court when it takes over authority for determining what a federal election violation is. that is important. the equal protection clause or the due process clause or the first amendment free speech clause about a nondisclosure agreement. federal court started with the supreme court of intervene in state actions before the civil rights issue, death penalty issues, bush versus gore a presidential election issue. you have federal jurisdiction issues and how are they used? the supremacy clause tha of uc commerce clause that necessary because when it comes to regulating federal elections, especially presidential election congress has exclusive plenary power the supreme court has overall authority. you have an extraordinary radical extreme multitudinous case of a violation of federal law. whether it is substantive. whether it is processed. whether it is jurisdiction, this is the case. mia's is at first out of the gate i would file comment lot writs for a writs of prohibition that extremes a body exercising public power from exceeding its powers. it does not have it seems like this. you can file a writ of mandamus ordering a lower court to state their action while the court considers it. it might go if they writ a us or see your itchy argo and there's a statutory basis it does not matter. you have got to take it to the door of the supreme court they will decide whether to take it or not and if they don't, shame on them. because if there is ever a basis for what we call a common law writ, it is this. they do not take it in the trump case they will have to take it in the future because these dark blue states are not going to stop unless they are stopped. when i com craig here pays too much for verizon wireless. so he sublet half his real estate office... [ bird squawks loudly ] to a pet shop. meg's moving company uses t-mobile. so she scaled down her fleet to save money. and don's paying so much for at&t, he's been waiting to update his equipment! there's a smarter way to save. comcast business mobile. you could save up to 70% on your wireless bill. so you don't have to compromise. powering smarter savings. powering possibilities. mark: welcome back america. america's governor, governor ron desantis. welcome. governor, if member of the house he been a governor for a while now you are considered a very, very successful governor. you look at joe biden. he has executive order he puts out he says i'm going to fix the border. he destroyed the border. he signed over 90 executive orders and now he signed another executive order. we hear nothing is changing on the border. he not only violates the take care because of the constitution were it not only violates multiple parts of federal immigration law he lies, and lies and lies to the american people more that michael cohen. what do you make of this? ask mark when you're in the position of executive responsibility sometimes bad things may happen that are not your fault for their sometimes bad things are happening if you would have had some foresight you could have headed it off and then there are things that are the sins of omission. the border is a sin of commission by joe biden. he overturned the trump policies that is what has caused the crisis this did not just happen out of thin air it was manufactured and engineered by joe biden. the policy consequences have been disastrous you have highlighted people, i have highlighted people who have lost loved ones for criminal aliens coming in we know what's happening with human trafficking we do with the cartels are doing. then of course that just the sheer number of people you have a liberal jurisdictions but in the interest of illegal aliens over their own people which is outrageous. then you have the constitutional question that you cite. when you put your left hand on the bible and raise your right hand to take the presidential oath you are taking an oath to take care of the laws be faithfully executed. joe biden has systematically violated that oath. he has not lived up to the office of president duty to make sure our laws are enforced and even doubly so as commander-in-chief he has a responsibility to ensure and enforce the sovereignty of our country and he has not done that. and they have lied and 10, 20, how many millions of people it is had negative consequences on american society and in our country and in our sovereignty. then they're going to want to try to pull over the wolves over people eyes sink he is the one doing something for the border. he's going to blame the republicans and congress but the republicans in congress have made mistakes. i think they should have attached the border to all of these appropriations they refuse to do it. but the bottom line is this executive order is windowdressing it is a farce. you and i both know the corporate media's going to run interference for him on this for the rest of the election are going to try to act like the border is taken care of they're going to try to act like he solved the problem. first of all that is not true. second of all whatever happens between now and the election the day after the election he's going to open it back up again. we know that is going to happen it's really up to the american people at this point to put a stop to it. mark: you know joe biden likes accusing president trump of being a dictator, when to put people in prison. that sounds like projection, doesn't it? and on top of that he lies about so much. for instance he supreme court of the united states twice ruled against him. he has defied the courts, the fight a supreme court to supreme court rulings was talk about democracy and the constitution and the rule of law. then he lies and says effectively trump is going to do what he does. what do you say to this a president who is defying the supreme court who defies immigration laws? in fact defies a lot of laws when it comes to this country. what do you say to him? once you have two things one is, you are right this guy is a serial liar. on all host of issues on the border, on the student loans, even minor things he is constantly doing it. the difference is when donald trump was a president he would've said something with her, out of place you'd have 10 quote unquote fact checker from corporate media organizations trying to say that's not true they would do all this and spin this all up there with biden these guys have gone on three anand a half year vacation they basically let him do all of this stuff very rarely is he held accountable. often times an indirect await with just friendly fire. from the whole corporate press you have a president who lies constantly have a president who is not up to the job that is not something they don't want to talk about but on the constitutional question ease in violating the constitution with the student loan gambit. they had the statute on the books for 20 years and all of the sudden that can be used to have taxpayers bail o of bail ot people with student loans? if eight truck driver is taxed to be able to pick up the student loan of somebody who got a degree in gender studies, that is wrong but it's also not legal. he has not gotten congress to enact that policy do you know why? if congress voted to enact that policy a lot of them will get voted out of office is not with the american people want. he's a flouting the law in a number of different ways. one of the things that is frustrating is there's a lot of people who are apathetic out there about all of this and i do not think there is sufficient outrage and ho at how he has cod himself in i could stand here and tell you if my prostate cancer wasn't caught early, i might not be alive today. i could tell i had no symptoms but i still talked to my doctor during my annual exam. i got screened and with the right treatment, i'm expected to remain disease free. i could tell you that 1 in 8 men will be diagnosed with prostate cancer in his lifetime. i could tell you that stat is 1 in 6 for black men and we're more than twice as likely to die from the disease. i could tell you that because of family history, his risk is two times higher. i could tell you that fighting this disease affects the whole family. i could tell you that the cutting-edge research funded by the prostate cancer foundation has helped patients live longer with less complications. i could tell you all of this but really, it's up to you. it's your health. it's your life. go to pcf.org for the help you need to navigate this disease. go to pcf.org today. y is just a starting line for the true se