king, jr. have a great week ahead. until next week you can find us on-line or podcast. good night from south carolina, "life, liberty and levin" is up next. ♪ ♪ ♪ ♪ mark: hello america, i match levin, this is "life, liberty and levin." we have a great snow with steven miller, we'll dig hard into immigration. what is going on. >> jim trustee, former department of the justic prosecutor, he is president trump a lawyer with respect to documents.

i want to talk about documents. this program. on my radio show, on my appearances on hannity and other shows in this network i've been saying for months, all presidents, vice presidents, attorney generals, starts secretaries of states have taken documents home, some have kept them. and some have been classified. that needs to be looked into. i guess because i'm not officially a legal analyst, i have my own show, and a constitutional lawyer, and a former chief of staff to attorney general. the department of the justice unleashed a criminal investigation to former president, president trump, in ways that have never been done before in american history, they didn't bother to look at obama's records or clinton's or george w.

bush's records, they didn't look at cheney's records or gore's records or then vice president biden's records or bill barr or eric holder, we know about hill clinton and former secretaries of state. they didn't put them under oath, none of that. so none of them have taken any documents, either under the espyion age of act or presidential records act, i don't believe that to this day, last sunday we had chairman of the house oversight committee as our gift, his name is james comer. my last question to him was this. >> let me ask you, the national archives, i'm hoping that you folks will

take a look at how they have applied their rules to past presidents, past secretaries of state, part attorneys generals, i don't believe that no past president or vice president or attorney general or secretary of state doesn't have some document at home, i didn't destroy it i do not believe that, is that something you will look into? >> yes. in fact national archives is under our jurisdiction in oversight committee, i believe that raid on mar-a-lago, was triggered by january 6 committee, just doing a fishing expedition to see if they could find anything, anything they could use against donald trump. that was wrong. every request we made to the national archives, they referred to us mirr -- merrick garland, we will demand they give us answers

to what went on and triggered that raid, we have evidence where other presidents in both parties had taken documents home before, and nothing like that happened. prprpreviously. mark: for some reason that has been lost on most newsrooms, this was sunday on this program, news breaking. most news organizations, or none that i know of, covered it. what happened next day, 6 p.m.? people say, why did this leak about the first batch of documents occur monday? why did it wo occur when it occurred? because of that interview, in response to my questions mr. comer said wild look at national archives and past presidents and vice presidents were treated and dig into this. as well as department of justice, relationship that january 6. the leak occurs, a limited

leak, planted leak with cbs news so this administration could try to get out in front of what they knew was going to be a potential scandal, now that the republicans control the house and mr. comer in charge of the committee. my last question to him, narrowed in, the national archives and the treatments that presidents receive. there is something else interesting to remember, you might recall when donald trump said, when he was under attack by these people that obama took all these documents and nothing happened to him. do you remember the national archives decided on its own to respond to donald trump, days after the fbi search of his mar-a-lago home for classified documents, at least some of which reportedly relate to nuclear weapons, that was a lie.

former president trump, attempted to shift attention to former president barack obama, his true social post insinuated high is d being targeted. national archives saw fit to respond directly saying:

>> what's the problem with that? these records that biden has are obama administration records. the national archives lied through its teeth or not kept track of all classified material, but felt necessary after making a referral against department to department of just -- against donald trump to speak out. to intercede. and to say obama was perfect. everything he has is under our control. that is a lie. because in three locations, at least, obama records were found. i don't know if they were per onlied or what. they were found at the biden-penn center for god

knows what. find in the biden garage, in wilmington and another room in his house, another document, that raises a question. we have a timeline now, ambiguous, but a timeline nonetheless from garland, these documents were discovered by biden 's lawyers who were picking at his papers. it was two days later that nara contacted department of justice prosecutor, saying that office would classify markings were found on the biden center, and november 9 fbi began an assessment. and a investigation, garland outrageous triggered appointment of a special counsel, he looks like a

real rogue thug to me, december 20. biden personal counsel informed him that additional documents were found at biden's private home. fbi got them. in his garage. next to his corvette. we have january 5, briefed garland on the investigation. advice a special counsel was har wanded. -- warranted. i might add january 8, was my interview with more comer, january 9, the leak, i think by the biden administration to cbs news, about first batch to get in front of it january 12 biden counsel called lausch saying that an additional document

was identified, three times. why didn't the biden lawyers receive subpoenas? or fbi take it on themselve to investigate all of biden's offices? and hang outs or what have you? why were they relying on private lawyers for biden? this reminds you of hillary clinton situation, in trump's case, they send in fbi s.w.a.t. that is because trump wouldn't turn them over, no, they are negotiating, this is the normal way to be handled, they were negotiating. they pulled trigger. to criminalize their negotiations with donald trump they were looking to perhaps make a charge or charges of be on vehicle you obstructertion. that is why. it is a disgrace. they were handling the biden

party as if it were a civil matter and trump matter like it was a of the century. there has not to my knowledge been a national security review, it seems in the biden case they are not in a hurry. biden case, you don't see the urgency, you don't see the leaks, leaks about documents yes to be self serving, but other leaks. why weren't their subpoenas and warrants. ladies and gentlemen you have these documents for 6 years. donald trump had documents for 9 or 10 months. joe biden had been in senate you know most of his life, he was in government phys his entire life, he knows the laws. donald trump did the not know them backwards and forwards, donald trump had

documents in the basement. locked up. in a storage facility, fbi came they knew where they were. he didn't have them in his garage next to his car or in some other unsecured place. in that regard. the truth is, espionage act was passed at urging of woodrow wilson. a heinous co act in many respects and covers a lot, it was never intended to to be used against a former president, the president while president is the executive branch, you have to determine, did donald trump at noon and 1 second january 20, was he with the documents or right after that? that was not the reason for the esp espionage act on

to be passed. president has power to classify and declass fi, the vice president does not, they went to 5 alarms with donald trump, like they are trying to do with january 6. we know why, comer is right, i believe i was among first to bring this point out, they went into mar-a-lago because of january 6. they decided to use a plan b of the documents, when they didn't find anything. useful about january 6. that is why the u.s. attorney and other special counsel. they fell there would be an overlap, this is a disgusting disgrace, if they throw the book at trump, they need to throw the book at biden, the problem, you

can't indict a sitting president, merrick garland should have pulled back last week, and said, you know, up o reflection we should decriminal our effort heres. a president has never been prosecuted, a former president, under the espionage act or obstruction related to presidential record actions that does not have a criminal aspect, we tried to pave new territory, by overreaching, criminalizing the situation with trump, what they decided is, i guess we have to have a special counsel with biden, they made a mess of things because they are a disgrace, i'll be right back. t settle for silver. harness the power of 7 moisturizers & 3 vitamins to smooth, heal, and moisturize your dry skin.

gold bond. champion your skin. age is just a number, and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health versus 16 grams in ensure® high protein. boost® high protein. now available in cinnabon® bakery-inspired flavor. learn more at boost.com/tv >> tech: when you have auto glass damage, trust safelite. this dad and daughter were driving when they got a crack in their windshield. [smash] >> dad: it's okay. pull over. >> tech: he wouldn't take his car just anywhere... ♪ pop rock music ♪ >> tech: ...so he brought it to safelite. we replaced the windshield and recalibrated their car's advanced safety system, so features like automatic emergency braking will work properly. >> tech: alright, all finished. >> dad: wow, that's great. thanks. >> tech: stay safe with safelite. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪

nexium 24hr prevents heartburn acid before it begins. get all-day and all-night heartburn acid prevention with just one pill a day. choose acid prevention. choose nexium.

mark: welcome back america. we have with us, a prominent lawyer. james trustee, i believe you have seen him before. former justice department prosecutor, president trump attorney on the document matter, a law partner with the ifra law firm.

jim with this information coming out last week. seems that department of justice is really painted itself in a corner, in the way they went after president trump, no. >> you are right. this was never a criminal matter. in history of this country, overdue library book disputes, for lack of a better way to phrase it it is not stuff of criminal enforcement. presidential record act excludes it. you are left with, if you have a fight between a president and archives people, it civil recourse. most you can do, if you are archivist and you are agitated because you hate president trump, you can see him in dc, but this department of justice under this attorney general

decided to criminalize things which are not criminal. you have a situation where president personalized and declassified the materials by still being president when he brought boxes of all starts of things, back home to mar-a-lago. they have crea created this irony we're seeing unplay. they need to step up. attorney general is where it started it is where it ends, no matter how many special counsel he putting in, he needs to do what is right, stop this stain on the department of justice and fbi. mark: your client, president trump, they were trying to throw or have been throwing the book at him. my position, you worked at justice department, they should knock on obama and bush's and clinton's door and former secretaries of state and attorneys general,

i bet you, they have documents, they may be classified or unclassified. these are not the only individuals that have such documents, in my mind, what do you think? >> mark. the point is, not just the political bias that is infecting this department of justice that i used to work at and love, but just rise of politicize bureaucrats at national ar ki archives, the fact that no other president was treated this way is the fact they know it is not a criminal matter. we seeing department of justice now flail around come up with h hindsight excuses about appointing a special counsel. and it is clear you don't

have search w warrants or attorney's phones seized by the fbi or lawyers dragged in to grand jury with dozens of other witnesses, there almost no way that the new special counsel should or could even duplicate the amount of resources and effort and naked aggression that has been applied to investigation of president trump. >> what is interesting this occurred with biden before he was president. a president has certain power that vice president does not. the constitution that trumps everything. this search warrant they issued, in my view, violated the 4 facility of the 4th amendment

of president of united states, it was a search of mar-a-lago, they are trying to dig up stuff on january 6, they view this is plan b . >> the s search warrant is defective, it is investigating a noncrime, they did not have a thought that president trump had sat down at table with iran and traded secrets, it is they knew that presidential record act was a fatal defect, that is the construct that applies you can't criminalize, they reached and created other statutory references. to try to justify themselves. the search, the warrant itself we've never been allowed to see affidavit, department fought tooth and nail to say they are transparent while withholding affidavit. but we know enough from

warrant. to know it was a general warrant, in violation of particularly clause. we created a limitation to the state by sayings you can't just rummage around, you can't. >> into a residents and take every piece of paper you ffeel that you want to take or a golf shirt or golf club. they have taken things that have nothing to do with anything, they had a blank check. they are changing inventories of what they say, they start saying pardon packages then a u.s. government document, this was a rummaging, fourth amendment violative search. this attorney general should have stopped this a long time ago, he should have said we shouldn't have done

a search warrant this is not a criminal matter, and this warrant is a problem. the case is over, maybe, finally, we'll get to right result even if by a screwing political road. this attorney general is hurting the department of justice for history if he does not step up and get rid of this investigation. mark: we'll be right back. charlotte! charl! every day can be extraordinary with rich, creamy, delicious fage total yogurt. all across the country, people are working hard to build a better future.

so we're hard at work helping them achieve financial freedom. we're proud to serve people everywhere, in investing for the retirement they envision. from the plains to the coasts, we help americans invest for their future. and help communities thrive. (children giggling) hey, i was, uh, thinking about going back to school to get my masters. i just saw something that said you could do it in a year for, like, $11k. hmm. barista: order eleven! yeah, see you at 11. 1111 masters boulevard, please. gonna be eleven even, buddy. really? the clues are all around us! some things are too obvious to be a coincidence. thank you. when you walk up to the counter at the pharmacy and you have a new prescription,

you don't know what it's gonna cost. that's why i always recommend you check the singlecare app before you go to the counter. before i pick up my prescription at the pharmacy, i always check singlecare. it only takes 10 seconds, and it's free to use. it helps me find a better price on my meds. with pharmacy partners nationwide, singlecare is saving millions of americans money on their meds each day. i found a cheaper price with singlecare. yes, you did. see, give it a try. go to singlecare.com or download the free app today.

♪ this feels so right... ♪ adt systems now feature google products like the nest cam with floodlight, with intelligent alerts when a person or familiar face is detected. sam. sophie's not here tonight. so you have a home with no worries. brought to you by adt.

jon: welcome to fox news live, i am john scott in new york, a tough week ahead for president biden he faces scrutiny over the discover of more classified documents in his delaware home. there is a question that white house realize visitor logs for president's home. >> and total of 6 documents turned up inside, paper discovered in a garage and also a private washington office. >> investigation is beginning in cause of a deadly plane crash in central nepal. yeti airline plane went down this morning with 72 people onboard. 68 bodies have been located so far. the grim search of debris will resume tomorrow. >> i am jon scott. now look to "life, liberty and levin."

♪ ♪ mark: welcome back america, we're here with jim trust y . president trump's l lawyer on the document case. >> we have no idea how the biden documents got to the different locations. we don't have any information that leads up to november 2 of what cause the investigations to look for documents. anything about chain of cocustody. >> it is all evidence of double standard. think about the security associated with mar-a-lago. it is kind of a fo fort

knox. you have a secret service presence and a security presence, one first thing that happened when president trump returned to mar-a-lago, federal government said you can't have a skiff here. they deprived him to have a secure room within the facility. they took that away. they made a criminal referral, they ignore the fact that president trump turned over 15 boxes of aprils to nnara into the process, pivotal date from our end is june 8. june 3, federal prosecutors and fbi agents were welcomed to mar-a-lago, with president telling them, if you need something just ask.

5 days later june 8, they wrote a letter that said, you can put a padlock on that storage room. he does. two months later with nothing intervening, no effort by them to continue to work with his lawyers at the time, two months later, they break the lock. they told him to put on and ex cute this unconstitutional search warrant. that is your procedural history hire that people are trying tory cast as a abvehibe obstruction. on biden side, we don't know officially anything, but we know it is not as secure at mar-a-lago, there are m mmmultiple locations. and wonder about attorney

client privilege, right now, there are so many more questions than answers, there is enough to know that hypocrisy and double standards are raining. someone needs to put it to an end. mark: they took the classified documents, that the fbi, they laid them on the floor. they took a picture. really for public press consumption. trying to turn the public against president trump. it hooked the so-called legal analyst who got all excited about it. we don't have a picture of the covers of any of the documents that joe biden took with him. to the various locations. we have nothing. we have nothing as of right now. there has been a pr campaign against your client, president trump, and yet

there is more of a circling of wagons here with a guard, of justice for biden. >> you are right on it that picture that has seen more mileage than any other pick hurry in resent history, was a at attachment to motion's response filed by government when we were trying to get some modest intervention by court to check these people, make sure they had not trampled over the president's constitutional rights with a noncrime criminal investigation. they posed those documents and put them in a motions hearing there was one purpose, feed their friends at the mainstream media, it worked like a charged. in you mention mar-a-lago you see that posed picture, as if president trump was just scattered classified documents all over his office, having his own lit little fun, that is

absurd, it is just not the department of the justs they any of us knew from the past, i have sign politicize moments at doj but not a sustained campaign like here, nothing out for the biden situation so far. mark: god bless you my friend. >> thank you. mark: we'll be right back. is driven by eosinophils, which nucala helps reduce. nucala is a once-monthly add-on injection for severe eosinophilic asthma. nucala is not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your asthma specialist about a nunormal with nucala.

mark: welcome back america, we're back with one of great experts in america. on many things, but immigration in particular. stephen miller. founder of american first legal. my wife works american first legal. just to be open. and love its by the way. former senior ad a adviser to president trump, we had millions of illegal aliens come in. where are they? >> that is the most important question to be

asking. where are the millions of illegal aliens released by biden administration or among the record numbers some have gotten away, escaped undetected. the answer is, i can tell you from all of my sources, my personal experience and first h hand knowledge, the government has no idea where they are. not a clue, they don't know where they are, what they are doing, where they are working. what laws they are breaking, this is a fundamental issue of national security and public safety first. to control who is coming in, but secondly. justs important it shows this administration's design, is objective, its goal to resettle illegal residents permanently in united states, we need to shift the conversation about

the concept of border security. the conversation, to the very fundamental issue. how many illegal immigrants have been released to united states and where are they. that is what the congress mist investigate. mark: problem is, as i see it. it's not just a lack of securing the border but the disvehic destruction of american sovereignty, everywhere you look, the department of justice steps in to try to stop them like in texas and arizona, it is open border, to get people in here as fast as they can, latest proposal by joe biden, most people don't understand. it is immediate amnesty for hundreds millions of people, is it not?

>>ing wha you hit on what i believe to be heart of issue, i w will -- politely nudge my republican friends stop talking about biden administration. biden administration is focused like a laser, their objective, goal every legal action, is premeditated for the singular purpose of maximizing number of illegal iimmigrants who get in this country anyway possible. they have a new proposal. it takes the obscure statute for emergency cases, someone shows up at border, they are having a heart attack, you take them to a hospital, they take it for case by

case adjudication of emergencies, and creating a brand-new visa program for illegal aliens to let in minimum of 30,000 new illegal alien esees every month, and expediting a program to allow illegal immigrants to enter at our lawful ports of endry entry, s say -- hey, i'd like to join the united states, i have no paperwork and paperworkbin --bining biden administration says come in, we need to change conversation from issue of border security to how many people is joe biden letting illegal people come in. we have record numbers coming in. released on purpose, and shockingly, low numbers

being removed. i would tell you, the numbers are so low, that if they are uncovered by now house republican majority it will shock the nation. mark: what is the position of republican minority in u.s., they have power. there is a filibuster process, they gave up on omnibus bill. now, cornyn is attacking mccarthy, saying we have to do things in bipartisan way. they are lap dogs. >> i think one of the greatest political, moral failings of republicans in my lifetime, has been for the last two years, senate republicans as a body and an institution was

supin e in the face of this invasion at our border, instead of using, they had a 50/50 senate, you could grind anything you want to a halt, anything you want, nominations, bills. must-pass vehicles. to make any point you want to make. not once in two years did institution of senate republican caucus draw a line in the sand and say no more. saying this is not moving until we stop joe biden profrom releasing illegal immigrants to the country. cli chip roy from checks checks h texas has worked on a bill that stops joe biden from releases immigrants, it forces joe biden to do what donald trump did for 4

years. you detain, through removal there is no option for release, that must be attached to a funding bill this time for love of god, senate republicans have to stand up. mark: all right. i'll be right back. (tony hawk) skating for over 45 years has taken a toll on my body. i take qunol turmeric because it helps with healthy joints and inflammation support. why qunol? it has superior absorption compared to regular turmeric. qunol. the brand i trust. if you have copd, ask your doctor about breztri. breztri gives me better breathing and helps prevent flare-ups. before breztri, i was stuck in the past.

i still had bad days, flare-ups, which kept me from doing what i love. my doctor said for my copd, it was time for breztri. breztri gives you better breathing, symptom improvement, and helps prevent flare-ups. like no other copd medicine, breztri was proven to reduce flare-ups by 52%. breztri won't replace a rescue inhaler for sudden breathing problems. it is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it. don't take breztri more than prescribed. breztri may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. can't afford your medication? astrazeneca may be able to help. if you have copd, ask your doctor about breztri. buying a car from vroom is so easy, all you need is a phone and a finger. just go to vroom.com, scroll through thousands of cars. then, tap to buy. that's it. no sales speak, no wasted time. go to vroom.com and pick your favorite.

mark: welcome back america, we're here with steve stephen miller, what is the perspepurpose of open border. more and more democrat cities want illegal aliens to vote and expanding welfare systems for illegal aliens and giving driver's licenses to illegal aliens, if you mention this, and say you are bru blurring. they accuse you of replacement theory, it does not look like a theory. >> the objective of democratic party is to destroy our status as a republic. a sell governing politic of

citizens trying to erase the idea of citizenship. so people with a franchise here, americans are no longer only ones with a say in direction of our society. democrats believe that their vision, their radical vision, on both social and economic matters cannot be implemented if only people who have a say in the affairs of our nation are american citizens, they believe by flooding the country with illegal aliens, they will shift the politics of nation to the lift. not just a question of voting, it changes the whole entire structure of our country, whether you have a community -- whether they can vote or not, a large percentage of people who use social services and public school system and using housing system and public benefits are not here legally, whether they can vote or not it is a li

political constituency for politicians, because all of their children, are american citizens. in our system. so, all of the people they are bringing in, they will have children, they will be u.s. citizens, they will have unfettered access to welfare state and be clients of welfare state and have a hook into the system, that demolishes the middle class, shrinks it and shifting political power to a low income class of illegal immigrants and their families, democrats believe that makes more countries politically resemble california. >> democrat party also, with gerrymandering and congressional districts, i don't believe that is constitutional. the people are included in' census. >> absolutely.

mark: they also affect the make up of the house of representatives. >> without question. i agree, i think it is a constitutional abomb nation. peal in congress right now who only exists because of illegal i immigrants padding the census numbers, you have a more elemental thing, as conservatives, we understand, the rule of law is the bedrock, lifeblood, foundation of society of civilized life and freedom. when you, l eliminate that and you add millions of people whose presence here occurred in violation of the law, you eliminate the rule of law as core of american life, you live in a country

where the law is no longer our master, political greeds and political impulse, desire to rule over others is the master of our lives. conservativetism cannot 35 in a country wheres rule of law is dead, we're watching the rule of law die, die rapidly and quickly before our eyes, there will be little of it left, if republicans don't find something went themselves to go deeper than talking points, deeper than same old speech and rally the whole of nation to stop joe biden's nulcas nulcasion of. mark: we need to focus in on who the republicans are. most can be found in senate. a majority. the mcconnellites with no interests in resolving this unless, they give the store away to democrats that should is ridiculous.

-- you have mcconnell, cornyn, in line to replace mcconnell and you look at republican leadership, it is so soft. it is so unengaged it spends more time trashing former president donald trump than dealing with this president, and you know what answer is, steven, it is these guys are liberal republicans. that is what they are. rino, whatever, they're liberal republicans who don't share the view of vast plannmajority of the republicans, stephen miller thank you, f you are a national treasure. >> thank you. mark: we'll be right back. voltaren. the joy of movement. ♪ with gold bond...

you can age on your own terms. new retinol overnight means the smoothing benefits of retinol are now for your whole body. plus, fast-working crepe corrector diminishes wrinkled skin in just two days. gold bond. champion your skin. all across the country, people are working hard to build a better future. so we're hard at work helping them achieve financial freedom. we're proud to serve people everywhere, in investing for the retirement they envision. from the plains to the coasts, we help americans invest for their future. and help communities thrive. >> tech: when you have auto glass damage, trust safelite. this dad and daughter were driving when they got a crack in their windshield. [smash] >> dad: it's okay. pull over. >> tech: he wouldn't take his car just anywhere... ♪ pop rock music ♪ >> tech: ...so he brought it to safelite. we replaced the windshield and recalibrated their car's advanced safety system,

so features like automatic emergency braking will work properly. >> tech: alright, all finished. >> dad: wow, that's great. thanks. >> tech: stay safe with safelite. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪

mark: welcome back, lawlessness of biden administration and the department of justice, the

pelosi reign and schumer reign, knows no bounds, now precedence they set need to be applied to them, it is only way to stop them, joe biden should be given no quarter, none. they have done to donald trump, is a disgrace. i'll see you next time on "life, liberty and levin." steve: breaking tonight another biding classified document discovered this time in an i.c.e. cream parlor he visited in 2019. just kidding but you never know. we will get to that story in a minute. first interview with congressman mike gallagher chairman of the news like committee with a threat from china. good evening and welcome to "the next revolution". last week on the podcast i had a great conversation with kevin mccarthy, not that