September 17, 2018

Watching TV can be a colossal waste of time and brain cells --- especially if you’re suffering through “Morning Joe” or “The View” or the current crop of late-night shows –- but occasionally it offers those brain cells an enormous nutritional boost.  If you happened to catch “Life, Liberty & Levin” on FOX News over the weekend, you get to go to the head of the class.


Sunday’s edition of Mark Levin’s weekly TV show featured as guests two outstanding legal minds:  Bradley Smith, who is former chairman of the Federal Election Commission, a Harvard Law School graduate, a former professor of election law and author of “UNFREE SPEECH:  The Folly of Campaign Finance Reform” (his credentials go on and on); and Gregg Jarrett, a FOX News legal analyst and one of our go-to experts who has written the outstanding bestseller THE RUSSIA HOAX.  And, of course, there was host Mark Levin, who is no slouch, either.  Maybe it was an effect of the TV lights, but I think I could see the little waves of brilliance dancing around their heads.


While most mainstream (that is to say, anti-Trump) news offers one drive-by hit after another, with little time to stop and analyze the validity of the laws involved, Levin and his guests take the time to consider the realities of election law (as they relate to the Michael Cohen plea to “non-crimes” with which to implicate the President), special counsel law (which is being abused in an attempt to “find” a crime with which to implicate the President), Justice Department policy (which is being violated in a strategy to implicate the President), and leaks of classified material (which were deliberately done to trigger a special counsel to implicate the President),


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You know, I'm starting to think the idea behind everything they've been doing implicate the President.  Not necessarily to indict himself on anything he actually did --- because he didn’t do anything --- but to put a lot of garbage into a report that the Democrats can use as a pretext for impeaching him.


This show offers the best dissection you’ll find of Rod Rosenstein's authority to oversee the special counsel and Rosenstein’s conflict of interest, which borders on the obscene.  According to Jarrett, “It’s a major disqualifying conflict of interest that is actually mandatory under federal regulations.  It says ‘SHALL’ disqualify yourself; not ‘maybe’ or ‘should’ or ‘perhaps.’  ‘SHALL.’”


And yet, Rosenstein, “with impunity,” has ignored his own conflict of interest.  “It’s really quite astonishing,” Jarrett says.  “I think most law professors, of ethics, are confounded by his refusal.”


So, what’s the huge conflict?  To cite just one problem, Mueller has apparently interviewed Rosenstein as a witness in this case, when Rosenstein is essentially Mueller’s boss and presiding over the case.  That is absurd.  As Jarrett points out, “Federal regulations say you cannot be a prosecutor and a witness in the same case.  It’s fundamental ethics –- legal ethics.


“It’s the kind of stuff for which you get suspended or disbarred.” 


Jarrett goes on to point out the deep ties among Comey, Mueller and Rosenstein as they relate to this case, and it’s just so rotten you want to throw something.


Rosenstein has also actively stonewalled Congress in their attempts to obtain documents to which they’re legally entitled.  Again, totally rotten, want to throw something.


Smith points out that Mueller seems, in effect, answerable to no one, as Rosenstein isn’t putting any limits on where he can go with his investigation.  He says the appointment of Robert Mueller raises constitutional and statutory problems with special counsels.

The discussion goes on, addressing whether or not Mueller (as an “inferior officer”; that is, one that doesn’t require –- or at least in this case, didn’t receive –- Senate confirmation) has the authority to subpoena the President in a situation such as this, where there isn’t even a crime.  According to Jarrett, “When it comes to the United States Supreme Court, Mueller knows that he would lose, which is why he’s now relenting to a few questions, in writing, of the President, about what he may or not know about ‘collusion,’ but no questions about obstruction of justice.”


Of course, as Smith points out, the President can still be held accountable for actual crimes after he leaves office and be treated by the legal system just like anyone else, so he is not above the law.  (We’re talking hypothetically here, as Trump has not been accused of any crime.)


There’s much more, and it’s all great.  It’s not often we get to sit down for an hour with three top legal and constitutional experts and give these subjects the close attention they deserve.  Be sure and watch the whole thing.  You won’t be tested later, I promise, but you will be able to amaze your friends with your legal expertise.  On the other hand, you risk enraging those of your friends who don’t like Trump, because the law is on his side and they just won’t be able to stand it.



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Comments 1-25 of 29

  • Diana Hendricks

    09/19/2018 06:35 PM

    What a swamp my capital is

  • Don Chenault

    09/18/2018 06:47 AM

    shocking how dimms at the upper level in government and their associates can evade accountability and repubs are always on the
    defense..repubs have majority in house, senate, President, att gen and still cannot overcome schumer, pelosi,feinstein,spartacus,
    maxine, and oh yes the clinton cartel

  • Ann Moore

    09/18/2018 12:39 AM

    I, too, saw Life, Liberty and Levin with Bradley and Greg. It was revealing concerning the elements of law. My question is “Why aren’t charges being made against these men? And why are we, the American people, still paying for this travesty called investigation?
    Will anyone step up to bring charges?

  • Maris Hodges

    09/17/2018 07:16 PM

    I am shocked and dismayed that I did not watch Levin this weekend. My brother-in-law was an attorney in the Federal Elections Commission. He still does work for them. He is so far left he could fall into the Pacific Ocean. I love him but we can not talk politics. My sister died so I am not in contact with him as much so wonder, sort of, if he has absorbed what is really going on. My guess is NO. But I thank you for this READ as I thought the whole FEC was Liberal. Tis nice to know that some are there for justice. Thanks.

  • Teresa Ann Smith

    09/17/2018 06:35 PM

    Mike, I agree that this puts a lot of questions that the average conservative has right now under the spotlight. Sometimes I think I am losing my mind with all of this with the “how can they get away with this” questions! My question still is....if all of this hoopla is as ridiculous as I feel and these legal experts attest to, why is it still allowed to go on? Why aren’t the Republicans challenging this? If the media won’t give them the time of day, then pay for news time. Press charges against these people who are thwarting the law! This passivity is mind boggling!

  • Mary L. Terril

    09/17/2018 06:12 PM

    I am again enraged. When will these unlawful and unscrupulous guys be brought up on charges?? I want to see them brought down!!

  • Mary L. Terril

    09/17/2018 06:10 PM

    I am again enraged. When will these unlawful and unscrupulous guys be brought up on charges?? I want to see them brought down!!

  • Lloyd Richardson

    09/17/2018 05:59 PM

    I understand the tweeting is annoying, and at first, I could not understand it. My view has changed: were it not for the tweets, nothing this president believes would ever get into the public domain, so annoying as it is, I think we need to understand the times we live in, and let's just stop complaining about it, please? Thanks, LR

  • Tarrie Geiger

    09/17/2018 05:19 PM

    I do not understand. If the Democrats were caught trying to throw the election before the election, the Debbie what's her name was ousted, Hillary was shown to be doing it, why haven't they been under the same scrutiny as Trump. Why have all of the democrats that have done illegal things, been able to go on making all of these illegal actions and false accusations and get off Scott free?

  • cheryl crum

    09/17/2018 05:06 PM

    We all know what the are and have been doing is illegal but why does NOONE do anything about it but talk?

  • Carmine Fea

    09/17/2018 03:35 PM

    A special counsel is required to investigate and prosecute FBI officials, other Federal spy agency officials, the DOJ and Hillary Clinton and her campaign. If the DOJ does not name another special counsel, President Trump's DOJ, including Sessions and Rosenstein, will go down in the history books as one of the most corrupt DOJ's in American history. This entire mess of corruption has gone on for too long without the DOJ investigating it and prosecuting the criminals. What criminal activity is known about Sessions that makes him afraid to do his job of investigating and prosecuting the criminal activity we are speaking of? Mike, there is something very wrong here. Trump's presidency will suffer for it.

  • Waylon Bush

    09/17/2018 03:34 PM

    I wonder when the dems, "make sure my candidate wins", practice actually began. Did it begin after the Florida 2000 "hanging chads"? Earlier? Just recently? I suspect the deep state is deeper than anyone has considered. I wonder how many times the American voter has been snookered.
    And a response to Lee, I wonder if you pastor has ever heard of King Cyrus. And perhaps, a review of Matthew 7:3-5 would be helpful.

  • rodney Burke

    09/17/2018 03:27 PM

    of course we realize no lawyer for the players involved has any credibility and all the players have zero creds. I saw most of that interview, and I think it's about time we all started playing hardball with Rosenstein. Bats, and 95 MPH fastball to the head. This guy is so criminal it's not funny. Now, what Jeff is doing behind the scenes is not fully disclosed but I have a feeling from some FB posts I've seen that it's gonna hit the fan any time now and there are going to be a lot of very unhappy exposed people. We have documented corruption to include the ovomit and then all the way down. We can tell Al Sharpton to shut up because when we're thru he's next. I don't know whether he is the goose or gander but his needs to be a 400 degree oven

  • Patti Surak

    09/17/2018 03:04 PM

    Love your newsletter - always very informative and I nearly always learn something about this huge mess in Justice and with the Special Investigator. I have serious concerns about the midterm election. Seems as though much of this 'mess' is hangs oppressively over the Republican party and Conservatives, even those who voted for Trump... likely voters have succumbed to the constant negative drumbeat, and it doesn't look like the RNC is ginning up enough excitement and 'anger' on our side. Now, with the vote on Kavanaugh being pushed back, it is likely that those sketchy Republican Senators may well decide to defect, or after the election, if Democrats get their blue wave, there will never be a vote on Kavanaugh. Of course, I realize this is all a mess to us, but to the Sovereign God I believe in, His plan continues to come together...thinking our country might be closer to the end of His timeline than we realize. Anyway, do you feel the RNC is doing all it can to 'get out the vote' and why is it we most always lose out on voter turn out to the Dems? Sometimes makes me regretful of donations I have made!! Give me your take on where we really stand in the midterm. Thank you for all you do! Love that daughter of yours, too! Patti

  • Carl Smith

    09/17/2018 02:36 PM

    Best summary of "Life as it is" not as the progressive Wish it were. If Mueller were an Honorable Lawyer( is that an Oxymoron?) he would shift his unlimited POWER to search for the REAL Crimes committed by the DNC and Hillary. I think the real problem is Mueller has as many skeletons to hide as Comey, Rosenstein and the "Other" hidden Never Trumpers. The DEEP STATE Is being revealed one layer at a time IN SPITE of the Lefts attempts to create sideshows. The Professor in Kalifornika coming forward with sexual assault charges against Kavanaugh leads me to scratch my head! A Professor? in Liberal California coming forward AFTER being "Counseled" by her husband about Repressed memories? ( I had such suppression after being depth charged for many hours but I'm not condemning anyone and it happened over 50 years ago and I Survived so I just moved on). I tend to believe the over a hundred,last count, that have stepped forward to praise his character over a Professor ( of what discipline?) from Liberal suffering from TDS any day. This whole circus is for the MEDIAs benefit since America is definitely Not better off for it. They are the ones MOST offended by losing face over losing to Americas Choice.

  • Bruce C Brodnax

    09/17/2018 01:54 PM

    The corruption among so many deep state actors is astonishing. I dislike special councils, but it looks like it will take one to have a chance of finding the truth. We need the truth if we are ever able to fully trust the people who run the FBI and DOJ again. Anything less is unacceptable. Personally, I believe the corruption goes far beyond what we now know. Which is considerable. Trump could be the last best chance we will have to drain the swamp.

  • Charles H King Jr

    09/17/2018 01:44 PM

    Thanks for your coverage of the IMPORTANT things that are happening in the United States, and elsewhere when necessary, that are all connected to Making America Great Again (MAGA).
    My frustration is that with all of this and the Mueller investigation? still continues. And with all of the other law breaking, department, DOJ, procedures and policy non-compliance and ethics violations of the Deep State and the previous administration AND NONE OF THE EVIDENCE HAS BEEN REFERRED TO A GRAND JURY. Even my pea pickin' brain can see enough evidence to indict and convict more Deep State elected and life-time government employees than the federal prison system can hold.
    Please tell me why we haven't seen some serious prosecutorial action.

  • Bob Tidwell

    09/17/2018 01:13 PM

    I saw the program, Gov Huckabee, but these revelations, though great opportunities to improve our legal knowledge, will result in being cast into the Swamp of Forgetfulness. Very sad. For the first time in 50 years, I am very concerned for our country. Giving it to Him.

  • Lowell Bushart

    09/17/2018 01:09 PM

    I just don't understand. We have all this information about wrong doing and all we see is people talking about it..Can you tell us why nothing is happening? It doesn't make any sense. Is everyone afraid?

  • Lee Swann

    09/17/2018 01:01 PM

    Governor, I voted for DJ Trump, because he was the better choice, at the time. We FAITHFULLY watch "Huckabee" on TBN every Saturday night. Great show, super guests; at your behest, I ordered and dear "The Faith of Donald Trump" and "Huckabee"; BOTH great reads. Our pastor was requesting books to be "reviewed" in his summer book club gatherings. I recommended "The Faith of Donald Trump" as one to be read...his reaction..."The Faith of Donald Trump?????" I said, YES, it will open even YOUR eyes...he did not take the suggestion.
    The tragedy that is Bret Kavanaugh SCOTUS hearings is "deplorable" )to quote Hillary).....The Left Leaning Liberal machine is all in to destroy POTUS Trump, his presidency and his agenda. I TRULY feel GOD put DJT in the White House, and HE will protect him from the Obama/Clinton "dark state" efforts. My prayers are with/for him that God will give him strength and wisdom. Also, maybe God can tell him., Quit "tweeting". Keep up YOUR good Christian work, and praise of our God and His Son, our savior!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • Daryl Drummond

    09/17/2018 12:56 PM

    The deeper this goes, the more I feel this isn't a political battle, it's spiritual and the political battle ground is only a small portion of the eternal battle ground. So all the more, believers need to hold up our leaders and their spiritual strength and well being as well as each other to accept our roles in the battle as well. Personally I see no other explanation as to how and why the things that are going on are and reasonable and intelligent people are getting sucked into it.

  • Kathleen Duke

    09/17/2018 12:46 PM

    Look forward to your daily posts every day. Nice to see from one who is sane! God bless you and a special God bless Sarah. You are both great and I don't know how Sarah tolerates the biased press

  • Allen M Swatsworth

    09/17/2018 12:46 PM

    Sir, Unfortunately I missed most of the show last night so I'm very happy you included the link to the show in your article. This is the first I have heard that Rosenstien has been interviewed by the Muller team. Do these guys understand or even read the law. You are so correct in saying that the only purpose in this investigation is to implicate President Trump. So sad and infuriating. I have just started reading Gregg Jarrett's book. Even though it is very interesting, I need to put it down from time to time because of the angry that wells up in me due to the unlawful actions of the Muller team and the left.

    Keep up the great articles and God Bless you.

  • Dale A Flateau

    09/17/2018 11:28 AM

    Governor, who has the authority to bring these shenanigans to a close. It seems Congress should be able to, Rosenstein should be able to and finally I guess the POTUS should be able to although it would be politcal suicide only two years into his Presidency. I pray every night that GOD will continue to expose the corruption and hold all those responsible for the corruption accountable. By the way, I believe Rosenstein is "Mr Anonymous" as he has so much to lose when all the evidence is revealed.....Thanks for you continued summaries......

  • John Holdgreve

    09/17/2018 11:24 AM

    Everyone is thinking too deep. The deep state is like a row of dominoes. If one goes, they all fall, one by one.

    Mueller and Rosenstein are a tag team from way back. They will never implicate anyone on their team/deep state, because if they do it will eventually get back to them.

    It does no good to go into depth about how illegal their actions are. Nothing will change until one of them is actually charged with SOMETHING by SOMEONE. Someone other than Mueller or Rosenstein has to bring charges against SOMEONE.