WATCH: 2 former U.S. attorneys general join Levin to give the Mueller sham a legal reality check

There's been a great deal of discussion following former special counsel Robert Mueller's stumbling, struggling testimony before Congress last week. On Sunday night's episode of Life, Liberty & Levin, two former attorneys general — Ed Meese and Michael Mukasey — joined LevinTV host Mark Levin to talk about the hearings, the investigation, and their perspective on efforts to take down Trump.

Meese said that he was "concerned" by Mueller's lack of awareness about what was actually in his report.

"I was concerned by the fact that so much of the report seemed to be foreign to him, or at least he was not familiar with it," Meese said, "and I've since reflected the views of a lot of people who were watching, and that was that he was not familiar with the report because it looked like someone else had written it."

Meese served as attorney general under President Ronald Reagan from 1985-1988, while Mukasey served under George W. Bush.

During the discussion, Meese also pointed out why there was no need for a special counsel to be appointed in the first place.

"There was no need," Meese explained, saying that former Attorney General Jeff Sessions' potential conflicts of interest didn't make a conflict within the entire department. "Once there was an allegation, if there was one, then that should have gone through the normal processes of the department."

Mukasey agreed, also pointing out that the appointment was "fundamentally flawed" because it lacked the predicate of a criminal investigation, per the regulation surrounding special counsels.

Later in the interview, Mukasey also explained what Mueller's team got wrong with the report's speculation about obstruction of justice.

"When you talk about an obstruction case as a prosecutor, you think about whether you can put this in front of a jury and present evidence beyond a reasonable doubt," Mukasey explained. "There's a world of difference between taking isolated statements out of context and saying, 'Well, you could construe this as an act of obstruction or as an attempted act of obstruction or as an incipient act of obstruction' and evaluating an entire situation."

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WATCH: Robert Mueller contradicts his own report, stumbles through bias questions at hearing

At a long-awaited public hearing before the House Judiciary Committee on Wednesday, Robert Muller appeared to have a hard time answering questions about his own special counsel's report and political bias on his team when questioned by Republicans on the panel.

During an early exchange with top committee Republican Doug Collins, Ga., Mueller appeared to contradict his public report before eventually siding with it on the question of whether or not the terms "collusion" and "conspiracy" are synonymous.

During an early exchange with top committee Republican Doug Collins, Ga., Mueller appeared to contradict his public report before eventually siding with it on the question of whether or not the terms “collusion” and “conspiracy” are synonymous. Mueller said they aren't. Collins then pointed him to a section of his own report that says the terms are synonymous.

"You said at your May 29 press conference, and here today, you choose your words carefully," Collins asked. "Are you sitting here today testifying something different than what your report states?"

When Mueller asked Collins to give him the citation, the ranking member responded: "You stated that you would stay within the report. I just stated your report back to you and you said that collusion and conspiracy were not synonymous terms." before reading from the relevant portion of the report.

"You said you chose your words carefully," Collins then asked. "Are you contradicting your report right now?" Collins asked.

"Not when I read it," Mueller answered.

"So, you would change your answer to 'yes' then?" Collins asked.

"No, if you look at the language," Mueller said, before stammering, trailing off, clarifying the relevant page of the report and eventually saying "I leave it with the report."

For reference, here's the relevant section of the Mueller report:

In a separate exchange with Rep. Louie Gohmert, R-Texas, Mueller once again appeared off-balance when asked whether or not he knew about disgraced former FBI employee Peter Strzok's anti-Trump animus before bringing him onto the Russia probe team.

"Most prosecutors want to make sure there's no appearance of impropriety," Gohmert prefaced his line of questioning, "but in your case, you hired a bunch of people that did not like the president."

Gohmert asked Muller when he first learned of Strzok's anti-Trump animus. Mueller answered that he found out during the summer of 2017.

"You didn't know before before he was hired for your team?" Gohmert asked.

"Know what?" Mueller responded.

"Peter Strzok hated Trump," Gohmert clarified loudly and slowly. "You didn't know that before he was made part of your team."

"I did not know that," Mueller eventually answered, "and when I did find out I did act swiftly" to reassign him elsewhere, Muller said.

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Levin rips House Dems for bringing in Watergate criminal John Dean to Trump hearing: 'This whole thing is a fraud'

Monday night on the radio, LevinTV host Mark Levin tore into House Democrats and Watergate-era White House counsel John Dean over Monday's hearing.

Dean, who pleaded guilty to obstruction of justice related to the Watergate scandal, appeared before the House Judiciary Committee for its Monday afternoon hearing focused on President Donald Trump and the impeachment process.

Levin said that the key reason Dean was present at the hearing was because Democrats are trying to "create the impression that this is Watergate. It's not Watergate."

"[House Democrats] don't have any serious witnesses to any crime, and neither did Bob Mueller," Levin said. "This whole thing is a fraud."

The host proceeded to pick apart Dean's testimony point by point, at one point calling the witness "seriously unhinged" and his testimony "nonsensical."

Dean "thinks he has a historic role of some kind to play in this matter, when he has no role whatsoever; it's embarrassing," Levin remarked.

"If we really wanted some insight into what's going on today, we would have one of Stalin's former prosecutors explaining to us how they would treat innocent people," Levin, referring to Democrats' treatment of President Trump. "How they would use the media, like our media; how they would use the criminal justice system, like Mueller; and then how would have these public show trials, like Nadler," Levin said. "Instead, they bring in this guy. This sleazeball."

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DOJ and Nadler reach deal over subpoenaed documents, averting contempt vote for now

Contempt of Congress proceedings against Attorney General William Barr are suspended for the time being following news that the Department of Justice has reached a subpoena compliance agreement with House Judiciary Chairman Jerry Nadler, D-N.Y.

"I am pleased to announce that the Department of Justice has agreed to begin complying with our committee's subpoena by opening Robert Mueller’s most important files to us, providing us with key evidence that the Special Counsel used to assess whether the President and others obstructed justice or were engaged in other misconduct," Nadler said in a Tuesday statement. "The Department will share the first of these documents with us later today. All members of the Judiciary Committee—Democrats and Republicans alike—will be able to view them. These documents will allow us to perform our constitutional duties and decide how to respond to the allegations laid out against the President by the Special Counsel."

Previously, the Department and committee Democrats had been locked in a standoff over the committee's subpoena for the full, unredacted Mueller report and all its underlying evidence. The DOJ said that it could not comply with the original request because some of the subpoenaed information was protected by federal rules and could therefore not be released without a court order.

When the committee threatened Barr with contempt of Congress charges, the White House responded by invoking executive privilege over the information in question.

In a letter sent to Nadler last week, however, the Department of Justice said that it was willing to resume negotiations with House Democrats, but only if the contempt proceedings against the attorney general are halted and reversed. That letter was in response to an offer from the committee to narrow the subpoena's scope.

The announcement comes just a day before a contempt vote was expected on the House floor.

"Given our conversations with the Department, I will hold the criminal contempt process in abeyance for now. We have agreed to allow the Department time to demonstrate compliance with this agreement," Nadler's statement continues.

"If the Department proceeds in good faith and we are able to obtain everything that we need, then there will be no need to take further steps," Nadler warns the department. "If important information is held back, then we will have no choice but to enforce our subpoena in court and consider other remedies."

"We are pleased the Committee has agreed to set aside its contempt resolution and is returning to the traditional accommodation process," said Department of Justice spokesperson Kerri Kupec in a statement emailed to Blaze Media. "The Department of Justice remains committed to appropriately accommodating Congress’s legitimate interests related to the Special Counsel’s Investigation and will continue to do so provided the previously voted-upon resolution does not advance.”

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Levin: Everything Mueller investigated 'should be fruit of the poisonous tree'

Thursday on the radio, LevinTV host Mark Levin applauded Attorney General William Barr for saying earlier Thursday, "The Department of Justice doesn't use our powers of investigating crime as an adjunct to Congress."

"If Mueller thought that the president of the United States had obstructed justice, why didn't he say 'He's guilty of obstructing justice, and if we could've indicted him, we would've, and here's the probable cause evidence that we would have used'?" Levin asked. "He could've written that. I mean he shouldn't have written a report the way he did, but if you're going to write a report the way you do, with this massive Volume II, why didn't he say that? Because they didn't have probable cause, ladies and gentlemen. It's easy to do what they did, and leave a cloud over the president's head for the media and the Democrats. That's exactly what he did. Moreover, you heard Barr just say: The Department of Justice isn't an arm of Congress. It's not the Department of Justice's job to conduct criminal investigations in order to provide information to the House of Representatives for or against impeachment. It's a law enforcement department. And I have pointed that out repeatedly. And yet, that's exactly what Mr. Mueller did."

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Levin also reminded listeners of a point he has made multiple times, in conjunction with the scholarship of Steven G. Calabresi, a Northwestern University law professor: that Mueller's appointment is unconstitutional, under the Appointments Clause of Article II of the Constitution.

"The fact of the matter is, if we weren't in a post-Constitutional republic in so many respects, Mr. Mueller should've been fired. Should never have been appointed. And everything he investigated should be fruit of the poisonous tree."

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Constitutional scholar tells Levin: Mueller report contains 'a fundamental altering of our very basic conceptions of justice'

On Sunday night's episode of "Life, Liberty & Levin," constitutional scholar and Chapman University law professor John Eastman told LevinTV host Mark Levin how special counsel Robert Mueller's report turns the idea of justice upside down. Eastman was the author of legal analysis that challenged the idea of automatic birthright citizenship under the Constitution that became a point of controversy during the Trump presidential campaign.

Eastman agreed with Levin that the second part of the Mueller report dealing with obstruction of justice issues is a "bunch of crap." He went on to explain how the report even got the presumption of innocence wrong in dealing with the president.

"[Mueller] said 'I couldn't find enough evidence to exonerate President Trump from the obstruction of justice allegations,'" Eastman pointed out. "That's not his job as a prosecutor. The only job is to decide whether there's enough evidence to bring an indictment with a likelihood of conviction beyond a reasonable doubt."

"We presume innocence unless we can prove otherwise," Eastman continued. "His report presumes guilt unless Trump can prove otherwise, and it is a fundamental altering of our very basic conceptions of justice."

Levin and Eastman discussed the various elements that must be present to meet the minimum standard for a federal obstruction of justice charge and how that standard wasn't remotely met by Mueller's team. Later in the interview, Eastman also explained how Democrats' rhetoric is undermining the principles behind the American Founding.

A video of the interview can be viewed here:

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Here are the FACTS about Pelosi's and Nadler's so-called 'constitutional crisis' over the Mueller report

Speaker Nancy Pelosi, D-Calif., says that the United States is in a "crisis" because the administration is violating the Constitution in its standoff with House Democrats over the Mueller report.

The facts, however, tell a different story.

"If your question is will the administration violate the Constitution of the United States and not abide by the request of Congress in its legitimate oversight responsibilities, that remains to be seen," the speaker told reporters at her weekly press conference on Thursday. "Every day they are advertising their obstruction of justice by ignoring subpoenas" and other objections to House Democrats' demands.

Pelosi went on to say that she agrees with House Judiciary Chairman Jerry Nadler, D-N.Y., in his assertion that the United States is supposedly now in the middle of a "constitutional crisis" because "the administration has decided that they are not going to honor their oath of office."

So, are the Trump administration's actions really a violation of the Constitution? Let's do a quick fact-check here. What does the Constitution say about this particular situation? Not that much.

Here are the facts:

  • Attorney General Barr released a redacted version of a confidential report on the Mueller report, which he was under no statutory obligation to do.
  • Nadler subpoenaed the full, unredacted Mueller report and its underlying evidence from the Department of Justice.
  • The Department has objected to this, saying that the requested materials contain grand jury information that is protected by section 6(e) of the Federal Rules of Criminal Procedure.
  • That section of the rules says that grand jury information cannot be made public without a court order, which has not been issued.
  • Despite all this, the DOJ has allowed a dozen members of Congress to come and view a less-redacted version in a secure location at the Department.
  • None of the six permitted Democrats have come forward so far to take advantage of that offer.
  • The Department of Justice has reiterated its invitation for Nadler to come view the less-redacted report and work out a compromise in compliance with federal rules.
  • House/DOJ talks fell apart, and House Democrats scheduled contempt proceedings against Barr.
  • In response to the contempt proceedings, the White House invoked executive privilege over the contested portions of the Mueller report.

The House of Representatives' own website acknowledges that the "Constitution says nothing about congressional investigations and oversight," but says that Congress' oversight powers were rather implied by historical understanding of the Founders, who got their understanding of it from Congress' forerunners in the British parliament.

There's no specific language in the document that gives Congress the ability to issue subpoenas, nor is there anything that outlines how the executive branch is supposed to respond to congressional subpoenas that demand information that can't be released without a court order.

And given the nature of the situation, the argument could very easily be made that the executive branch has already more than upheld its constitutional obligations to Congress' implied oversight powers by its repeated offers to allow leaders from both parties from both chambers to come and view the document, minus the secret grand jury information.

At most, we appear to be looking at a constitutional question — not a crisis.

Full video of Pelosi's press conference can be found here:

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Former VA AG tells Levin: Dems' post-Mueller obstruction case is all political, not criminal

On Sunday night's episode of Fox News' "Life, Liberty & Levin," former Virginia Attorney General Ken Cuccinelli explained why special counsel Robert Mueller's team didn't have a prosecutable case against Donald Trump on obstruction of justice.

Virginia's former top prosecutor explained that Mueller's team clearly "knew they didn't have a prosecution to go forward with."

Cuccinelli went onto explain that Volume II of the report, the portion dealing with obstruction of justice, "goes beyond a legal analysis" to delve into the political instead.

"You could say he's writing for Congress, baiting Congress into, maybe, impeachment proceedings," Cuccinelli said.

"But with so many facts laid out ... we know a lot now. And there just isn't anything there that comes anywhere close to a criminal standard," the former AG continued. "So if Congress wants to proceed, they're going to have to do it on the political basis that Mueller put in the second part of the report. And it is political."

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People are freaking out because Barr said the Mueller report was done for him. He's right

During his Thursday morning press conference once again summarizing the findings of Special Counsel Robert Mueller's report, when asked by a reporter why Mueller himself was not present, Attorney General William Barr explained that he wasn't there because the report was written for the AG.

“It’s not [his report], it’s a report he did for me as the attorney general; he is required by the regulation to provide me with a confidential report," Barr said. "I’m here to discuss my response to the report and my decision, entirely discretionary, to make it public.”

That response appeared to ruffle a few feathers:

Rep. Debbie Wasserman Shultz claimed that the report was really put together "for the American people."

"So much for the idea of an independent Special Counsel," lamented an MSNBC contributor.

Podcast host Fernand Amandi called it "ASTONISHING. UNAPOLOGETIC. AUTHORITARIANISM."

Okay, let's talk about the facts here.

Under the federal regulations that allow for Robert Mueller's job as a special prosecutor to even exist, Barr made a clear statement of fact when he said that the report was done for him as the attorney general.

"At the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel," the regulation states.

Furthermore, the regulations also state that the AG will notify Congress after the investigation's conclusion, but not that he has to release any portion whatsoever of that confidential report to the public or even to Congress.

Sure, anti-Trump America may have bet the organic, Green New Deal-compliant farm on the outcome of this investigation and the content of the report, but rules are rules, folks.

Also, it's critical to understand that we have a special counsel, not an independent counsel. We used to have an independent counsel, and the statute that created that job led to one of the more controversial Supreme Court opinions of the last couple of decades (and one of Justice Scalia's finest dissents).

In fact, the consensus that the old structure of the independent counsel's job was so much of an unconstitutional chimera, that it was allowed to quietly lapse in 1999 and was replaced with the regulatory investigation structure.

And under that mechanism, the special counsel reports to the attorney general who is picked by a president and confirmed on advice and consent of the Senate.

To borrow a quote from the Attorney General's statement, "That's the bottom line."

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