Levin: Clintons Would Be Doing 50 Years Under Espionage Act

Mark Levin shined a light on how President Joe Biden's Justice Department, Attorney General Merrick Garland, and special counsel Jack Smith have weaponized justice against former President Donald Trump.

If the Espionage Act of 1917 was used before in this way, eschewing the Presidential Records Act (PRA), former President Bill Clinton "would be doing 50 years with his wife by now," the former federal prosecutor Levin said.

"We have a prosecutor who used the wrong law, and I don't care how many former federal prosecutors and phony experts go on TV because they have a law degree and they think they know something when they know nothing," Levin told Fox News' "Hannity" on Wednesday night. "Most of them spent their lives as ambulance chasers. Now, I know why people hate lawyers. I don't blame them, except for my wife and me, of course.

"Here's the bottom line: The Espionage Act has no applicability to this. Tell me: How many people have been prosecuted under the Espionage Act since 1917 who were president or vice president up until today? Zero."

Trump's actions with the FBI and the DOJ are justified by law and legal precedent, including the Clinton socks case in 2012, which was ruled in the Clinton's favor against conservative Judicial Watch by an Obama-appointed Judge Amy Berman Jackson.

"It's called the Presidential Records Act," Levin told Hannity. "People come on the TV and they say, 'well, he needs to have the law applied to him,' as would anybody know. It's called the Presidential Records Act, because he is the executive branch. He's the executive branch. So he doesn't have to rely on some subordinate: 'Here is the regulation, and this is the way you do it, Mr. President.'

"His power comes from the Constitution. He is a third branch of government. Him. He alone. Everything else flows from him. The framers created a president. They didn't create a CIA. They didn't create a special counsel. They didn't create an attorney general. They created a president."

Jackson's ruling on the Clinton socks case should ultimately exonerate Trump.

"This was an Obama judge trying to help Clinton in 2012, and the Department of Justice should know all about it, and so should the National Archives," Levin told Hannity. "It was the case involving socks, the sock drawer and Judicial Watch.

"Know what happened? Bill Clinton keeps these tapes which have highly classified information on them in a sock drawer, which is a little different than Sandy Berger, who kept them in his pants. But nonetheless, he kept them in his sock drawer. Then he retires. He's a former president. So Judicial Watch brings a lawsuit and says, 'Hey, National Archives, go get those. We want to see some of those.'"

Jackson's precedent used the PRA and not the Espionage Act.

"She says to the responding agency, the National Archives, the tapes were Mr. Clinton's personal records, therefore not subject to the Presidential Records Act or the Freedom of Information Act," Levin continued. "The government's position was that Congress had decided the president and the president alone decides what is presidential record and what is not."

But, Biden's DOJ, AG, and Smith have "decided to criminalize the case."

"These people are fascistic and Marxist," Levin added. "That's what they are. They use the wrong law. Donald Trump did not commit any crime. He didn't obstruct justice. He didn't commit perjury. He didn't make false statements. It is the prosecutor, it is the attorney general who did this."

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