♪. mark: hello america i marked levin and this is "life, liberty & levin" sunday. i'm thrilled you are here to great guest peter schwarzer and charles payne before we get them the constitution of the united states it's an amazing thing, isn't it? it's an amazing thing to listen to some of these lawyers on these reprobate networks, msnbc, cnn, or read the "new york times" of the "washington post" which i really do. i do get clips. or the rest of it you can tell they target certain judges like alito, thomas, now judge cannon in florida how they build up and praise others. this is an effort of obvious intimidation of constitutionalist brain washing of their small audiences at the same time promoting activism on the courts because they do not believe in the constitution. we have heard for years crt we have heard for years the 16th 19 project. we have heard for years the constitution was written by white slaveholders. this is a white dominant society but we are told today that people who want to defend all of this are the democrats and joe biden. so at night there defending the constitution by the date they are trashing the constitution. what does that mean? that means they hate america. they truly do. they want to undermine america that is them, not us. we have the commerce clause of the united states and it's been a verse to read by the (they are attacking the electoral college as i speak. the power of the state legislature to make election law has been under attack and still is in courts throughout america dave attacked the first amendment, the second amendment, the fourth, the fifth, the eighth and the 14th amendment does it sound like they support democracy? i don't think so. i called the 25th a member of the dormant 20th at the moment it applies to joe biden today he has a dimension he's mentally unfit to stand trial. he certainly mentally unfit to be president of the united states but of course we are faking it and joe is the sharpest tack in the drawer now we have this clause the appointment clods is center stage in the case in florida fort pierce florida involving the documents case. if you are foolish enough to listen to the legal analyst on these other networks you will have the foggiest idea of what's going on. that goes to the issue of separation of powers the democrats like separation of powers and their out of office. when they're in office they reject it, why? in order to advance their american marxist agenda you have to destroy the barriers that are against it. that is the constitution. that is her constant effort to attack, attack, attack is a dress up as george washington and claim they support democracy. joe biden has done this his entire life he undermines character assassinates, sneers people really do believe in law and order and a true justice system and our constitution. while he pushes the opposite as i explained in some detail and left science program. what is this appointments clause? let's go to the constitution.congress.gov. what does congress say? article two section two clause two of your constitution. it says in part he, the president, shall nominate with the advice and consent of the senate, shall appoint ambassadors, ugly public ministers and councils, judges of the supreme court and all other officers of the united states whose appointments are not herein otherwise provided for. which shall be established by law. so, you and i look at this constitutionally and say that it's pretty clear. while, the left of their lawyers, their justices, their lawyers look at this and say how do we get around this? we look at how do we uphold that this is what it says. they say how do we get around this? they continued to say they are the deliberation of the constitutional convention in philadelphia which are writing to the prominent supporters of ratification the words and records of the state ratify us f the federal constitution reveal careful consideration about the proper method of appointment from federal offices. the delegate to the constitutional convention designing a system of appointment of our federal government offices during their experiences with two flawed methods of appointment. first the columnist who lived on the american revolution resented the often of the english crown. the royal governors the colonies to create and fill government offices. the manipulation generally achieved by creating filling the key offices of government with political favorites. who in turn depend on the entity of who appointed them with why the american revolutionary generation's greatest grievances against executive power, dictatorship. second, many early state constitutions adopted after the declaration of independence was written reacted to the perceived abuses of appointment power by the crown a rural governors by lodging the power to appoint officials with the state legislature alone. so here you have a centralized, here you had completely localized. placing the appointment power of the state representative assemblies cause considerable turmoil there is legislatures were seen as consolidating all government power, executive, judicial, legislative for themselves. remember you need power checking power is the heart of our system hurt separation of powers. this consolidation of power become the principal sort of division infection in the states. their point is this the concentration of power in the hands of a few or the concentration in the power of the legislation is still tyranny. it is still tyranny. at least in the views of many delicacy constitutional convention of the failure to give governors a stronger role in the appointment process with damaging to many state governments whose legislatures have fallen easy prey to demigods. provincialism and factions. the exercise of a points likewise the articles of confederation which provided the governing framework for the young republic before the adoption of the federal constitution author is a continental congress appoint offices. what did they do? the delegates to the constitutional convention in philadelphia were aware of the weaknesses of the models of appointment both of them. thus chosen instead to separate the power to create federal offices from the power to fill them. they chose the best congress and a legislative power including the authority to create federal offices while the power to appoint the most important officers were placed with a single person, the president subject to confirmation by the senate. separating the power to create offices from the authority to appoint officers would, and the words of james and madison provide one of the best of securities against the creation of unnecessary officers or tyrannical powers. so what do we have are with the special counsel? first of all you should note to former attorney general ed neese under reagan, michael under bush, have filed two briefs and one in the supreme court in the immunity case, the opinion of which would root release the end of next week. the case ongoing in florida they have filed a brief arguing the appointment of jack smith as special counsel is utterly unconstitutional these are two former attorneys general. this is a very serious matter. you really need to not listen to the munchkins of the legal munchkins at grifters a slip and fall lawyers are dressed up as some sort of experts on these other networks. so the position established by the constitution or statute the position is to be created by the constitution or statute. or a statute given the authority to and principal officer to delegate power. that is w what the constitution says. okay with jack smith appointed under the appointments clause part that deals with confirmation? know his name was never sent to the senate. the senate did not get to participate in his appointment. is there a federal statute that authorizes the attorney general to make such appointments inferior officers to delegate that power? not one there is no constitutional statute auth authority. congress has in fact conferred this power by statute on the departments of transportation, agriculture, hhs to appoint inferior offices. but not the department of justice and the attorney general. now is the so-called special counsel a principal or inferior office? the senate must confirm the appointment. he is the most powerful prosecutor in the united states. the other u.s. attorney federal prosecutors are all called principal officers. every one of them had to be confirmed by the senate of the united states by every definition by his enormous power beyond that of any attorney all of whom require senate conservation. jack smith has the power of a principal officer not an inferior officer. to comply with the constitution all the attorney general had to do is to was to point for exampa u.s. attorney who was already, already confirmed by the united states senate. but he did not do that. the attorney general cannot get the appointments clause the critical role of the senate and appoint whomever he wants off the street without any constitutional legal authority. that is what ed neese and michael did to former attorneys general are saying. and also attorney general bart most recent example, appointed david weiss special counsel of the hunter biting case the u.s. attorney for delaware so he complied with the constitution and statutory authority he also pointed jon durham special counsel was also a sitting u.s. attorney in connecticut. to conduct his investigation per garland chose to violate the constitution. he has no statutory authority reach into the had to pick someone he wanted. a hit man. jack smith. but, for our purposes jack smith is not a principal officer sent an inferior officer he is a nothing let me give you another example 1978 congress passed the independent counsel act it was called the ethics in government act but it created independent counsel. it allowed the appointment of special counsel by a special three-judge panel i know i live do to this i was chief to staff attorney general mees independent counsel are being appointed left and right. the law had a sunset provision every five years. it was not renewed in expired in 1999 both the republicans and the democrats set enough of these independent councils. they are doing damage. they are responsible to nobody. but they did not pass a statute to create the power within the department of justice for the attorney general to appoint a special counsel. a regulation was issued by the department of justice, giving it self power to appoint a special counsel. well, that does not fly, doesn't it? you remember the beginning. congress wanted checks and balances separation of power. power versus power for the president can appoint but the senate gets to have a say. and attorney general can appoint but did not appoint someone like jack smith. the department of justice does not have independent power to issue a regulation for appointing a special counsel violation of the constitution. without any statutory authority whatsoever. this is the matter and that is before judge cannon. she is being threatened and intimidated by the media. they are trashing her reading producingthe reports from cnn ts before the friday argument the day before the friday argument. on the friday argument the other day. the same thing with the "new york times," the same thing at msnbc and cnn. they are trying to persuade you she is a lightweight and out of her league and other judges feel this way she is slow walking these cases that she is a trump appointed guess what, every federal judge is the somebody appointee with a perforated bite and appointee? of course would they prefer an obama appointee they never say about trump in washington who is a horrendous judge she is an obama appointee of the two horrendous judges on the panel in the circuit court in d.c. those ar are two biting judges y do not say that, do they? she is to be measured by what she is doing and what she is doing is exactly the right way for a judge to conduct him or herself these are unique constitutional issues being raised by an unconstitutional ironically enough special counsel. whether it is immunity, whether it is obstruction under the and enron a law whether it is his appointment per se is constitutional these are issues being raised by the biden ministration the justice department and jack smith that have to be addressed. they want to hurry, they went to get this done for they want her to steamroll all of these issues but she is not. she is doing what a judge many years more senior than her with a great deal more experience would be doing. actually trying to apply the constitutional wat lots of the events taking place. one other thing i want to emphasize, the two former attorneys general take this so seriously they have raised it in the supreme court. in the immunity case. they raised it again in the florida court. in the documents case. the judge can rule one of three ways in florida. number one, she could ignore the constitution. she could ignore the fact there is no statute which would truly undermine another part of the constitution and separation of powers as they steamroll their way, the democrats and the left of the biden administration into the stalinist type chamber. or, she could move insured the appointment of jack smith is unconstitutional therefore everything he has done is a null and void. or secondarily i support that conclusion, she could argue the appointment of jack smith is unconstitutional and give the department of justice 30 days or so forth your hand the case over to a constitutional appointee like a u.s. attorney. i am less excited about that position. but she could do that. full disclosure landmark legal foundation of which i am a chairman has filed one of those briefs. may have on the arguments on friday smith is an unconstitutional prosecutor. so this is a very serious matter and depending on how the ruling is made it could have an enormous effect on yet another part of the constitution of separation of powers that mr. democracy, biden in this hack attorney general don't care about. we will be right back. e raptor . now, how about something to put a smile on your face? 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what's yes. there's no question about it hurt here's what we know. these are all facts, not in dispute the biden family has received tens of millions of dollars from formant foreign actors they have lived off of for the last several years. the money started flowing when? joe biden became vice president of the united states this money the vast majority of it came from individuals in china, ukraine and russia the vast majority of whom have ties to ford intelligence services and foreign criminal networks. there was no discernible legitimate business function any of this money was compensation for, zero. none. we know joe biden received hundreds of thousands of dollars of this money via his brother but we know his brother received the money. we know hunter biden receive the money we know hunter biden distributed that money to three generations of the biden family. that is the reality of what we are facing we are talking about not just corruption and the fact the biden's receive this money and who they received it from, it is directly affected joe biden's posture and position as a president of the united states. such that he is making decisions that protect those of people who sent him money rather than protecting the american people. mark: we have witnesses with archer, and others, we have the hunter biden laptop in the last presidential debate for years ago that joe biden did everything he could to bury and was successful in that respect. his fingerprints are in all of those e-mails and so forth but we have joe biden with lunch meetings, dinner meetings, golf events, phone calls with the various in business and partners with hunter bided and so forth. and yet he has never been investigated for this, has he? the attorney general talks unconstitutional counsel to go after donald trump. but when it comes to joe biden he has not paid the department of justice has been you cannot indict a sitting president that we have a special counsel who is investigating documents, not the finances who definitively conclude joe biden committed numerous acts of willfully violating the espionage act. in fact he got $8 million advance in exchange for what appears to be the conference of classified information relating to afghanistan for his book. the fact of the matter is joe biden you argue is a crook. joe biden you argue has received a lot of money. let me put it through this way. joe biden on the senator's salary how did he afford a winch and in wilmington and rehoboth beach? how did he do that? roxanne is a great question and i think we know the answer to it. here's the bottom line. if you look at them bribery statutes involving the federal government it is not a question of just the politician gets paid. if a politician's family member gets paid and there are favors done in return that constitutes a bribery. all you have to do is look at the timeline of a series of actions i will just pick one. we know for example based on the testimony of jason was one of hunter biden's business partners that may four, 2014 joe biden received a phone call from hunter biden and a russian oligarch this is right after the russians had invaded ukraine. she had a lot of concerns. one of them was she was going to end up on this sanctions list. oligarchs of which she is one should be sanctioned by the federal government. we know based on this testimony under oath hunter biden called vice president joe biden. they said hello and joe biden told her please be good to my son. the phone call is over and guess what, even though she is a pro- putin oligarch never ends up on that u.s. sanctions list she sends through a half million dollars to hunter biden's business. that is just one example of a multitude. look at the issue of fentanyl. it is killing 100,000 americans every year joe biden and his family receive a 5 million-dollar interest-free loan from a chinese and businbusinessman in 2017. they do not dispute it they did not pay the quote unquote loan back. as a business part of the many send the money to the biden families a business partner with the head of the chin