The Classified Document Saga with Mike Davis

Nominations to Senate Judiciary Chairman Chuck Grassley. He's also the founder and the president of the Article three Project. I want to have him on to break down what do you need to know about all of this? We had the raid on former President Trump, We've got Joe Biden admitting to misshandling classified information, including when he was in the Senate. Now you've got Mike Penns. What do you need to know about all this? Why does it matter?

Doesn't matter. We're gonna break it all down with Mike Davis. We're also going to talk about this new select subcommittee on the weaponization of the federal government. What they need to uncover where they should focus all of that with Mike Davis. So, Mike, now we've got the former Vice president Mike Penns who has mishandled classified documents. It seems to be in vogue these days. What are your thoughts upon hearing this news? Well, thank you for having on LEASEA.

I would say this that former presidents presidents of the United States have the absolute constitutional power as commander in chief to classify or to classify anything they want, and they have the absolute statutory power under the Presidential Records Act to take personal copies of their presidential records when

they leave office, classified or not. So President Trump had his presidential records in the office of the former president in mar Laco, and Attorney General Merrick Garlands UH got this unprecedented, unnecessary, unball full home raid warrant from a bias judge Bruce Rinehardt and did this political circus going after President Trump for documents President Trump was lawfully allowed to have in his heavily secured office of the former president.

That's why Congress gives former presidents uh secure office space called skiffs, federally funded office space, federally funded staff, staff gets security clearances, lifetime secret Service protection. Contrast that with former vice presidents like Biden and Pets, they get none of those things. They get Secret Service protection for up to six months after they leave office and that's it. So with Biden, there was a two and a half year gap where he did not have Secret Service protection.

And we have clear evidence that the Biden family was on Ukrainian and Chinese payrolls, and there's evidence with Moranda divine she as she pointed out this twenty two point Now we're Hunter. Biden clearly used classified intelligence on Ukraine to write a twenty two points geopolitical analysis of Ukraine back in two thousand fourteen. So the Bidens can enrich themselves, so Hunter can get on the Breezema board in Ukraine and enriched themselves with this illegal scheme that they were in.

So it's amazing how Attorney General Merrick Garlands uh sent in the FBI rad to go after Trump, including going through Millennia's lingerie and their son teenage son Baron's room. Yet Attorney General Merrick Garland colluded with Biden, the Biden White House attorneys, and the and the Biden personal attorneys for over two months to cover up the Biden stolen classified doctor. Well, and I think that's what's really sketchy is the fact that one in the Department of Justice

sat on this information. And then secondly, as you pointed out, you've got documents pertaining to Ukraine that were allegedly found at the Biden Penn Center. And then the Biden pen Center is a Chinese backed think tank, and we know that these are two areas where the Biden family has had business dealings, both with Ukraine and then China as well.

There's a lot going on there with the Biden family and the fact, remember we're in the divine also pointed this out that remember Hunter had a team made to these to one of his Biden's offices when he left the Vice presidency for their Chinese agents. Right, So we have Chinese funded's university University of Pennsylvania fake professorship for former Vice President Biden, this unsecured office that he was using. We have keys made for Chinese agents that the Bidens

on these Uh, Chinese and Ukrainian oligarch's payrolls. And there's clear evidence that Hunter Biden is using Ukrainian intel for their business dealings. Uh, it's if this doesn't scream for an FBI rate. I don't know what does the FBI actually. So people say that that Vice are President Biden cooperated with with the probe. He immediately turned over this information

to the Biden Justice Department. That's actually not true. When they found these documents on November two, they turned them over to the political head of the National Archives, and it was the Inspector General of the National Archives that got wind of this and turned it over to the Justice Department. If that Inspector General did not get wind of this, they probably would have just swept us under

the road. There probably would have been a just a political cover up between the Biden team and had their political appointee at the National Archives. So when the Biden Justice Department, when Attorney General Merrick Garlands uh found out about this from the Inspector General of the Archives, they knew that they couldn't just bury it completely because the Inspector General has reporting requirements to Congress. But what did

they do. They had they let the Biden lawyers, the Biden personal lawyers and Biden Biden White House lawyers do their own searches of the crime scenes. They let Joe Biden and Joe Biden and who whatever other Biden go to these crime scenes, taint these crime scenes, and then they let Biden's lawyers go to the searches they tainted the crime scenes, they did not send in the FBI, And when they finally sent in the FBI on the fifth search, they let the Biden attorneys go along with

the FBI during the search. And contrast thought to what they did with Trump, where they made they made the Trump attorneys stands stand outside of Moral Lago in like nine degree heat, ninety five percent humidity in August for many, many hours, while they let Biden in his attorneys taint their crime scenes for months. How do you think the discovery of classified documents with both Biden and Vice President Pence, how does that impact this ongoing case against President Trump.

I mean, you already clarified that presidents of the oldim authority vice presidents do not. But how do you think this impacts the case they're trying to make against the former president? The Train to America Land appointed special counsels for both Trump and a separate special counsel for Biden.

I think that these are handpicked allies of the Unit Party in both cases but at the end of the day, it's going to be Merrick Barlan's decision whether to prosecute or not to not prosecute, whether to prosecute Trump or

not prosecute Biden. It is politically very difficult to move forward on any prosecution of Trump when when he had an absolute constitutional in statutory rate to have his presidential records, including classified presidential records, in the office of former President moral Ugal, while at the same time not prosecuting Biden. This was no accident that Biden had these records. Remember, they found five sets of classified records in at least

three different locations. Right They found him in his garage next to his corvette. He admitted of Peter Doocy on from Fox News that Biden knew that he had those documents, then it was no big deal because they were in

his secure garage next to his corvette. He had documents in his personal files and his personal office in his Wilmington's home, and he had these documents in his personal files and his penn Biden home to China funded University of Pennsylvania fake professorship in Washington, d C. So he had five sets of documents at least three different locations.

That shows that it was clearly not an accident that he had these records, and it was clearly not an accident when Hunter is using intel about Ukraine to make millions for the Biden family. So you contrast that with Pence. We don't know a lot about what's going over with Pence. We don't know if it were you know, if if he had his records boxed up and sent to his house after he left the vice presidency, and he's such a boy scout when he heard about Biden having these records,

he had his lawyers search and found him. I don't know what the circumstances are. Regardless, under the Espionage Act, it is an Espionage Act violation to have these records. Whether you use them for to enrich your family or you just recklessly have them in your papers at home, it's still an Espionage Act violation. But there are there are there are other crimes that you can look after the Bidens if they actually did in fact use this

classified material on Ukraine to enrich the Biden family. But it just shows you that we have two systems of justice in America that we've known for a long time. Leads one one for the Democrats and the ruling elite, and one for the rest of us. Well, you know, Edwards Snowden tweeted about this, and I want to get your thoughts on that. He tweeted, how is it possible that I fear classified documents in my house than the

last few White House admins? The Espionage Act is a strict liability crime, good intentions or no defense under the quote unquote or parentheses dumb law. These guys are all unindicted criminals. Uh well, what do you what do you make of that? We eat from Edward Snowden? You know, someone who fled the United States to escape espionage charges. Yeah, I mean you have to look at what the intentive

is when they do what they're doing. If you're a president of the United States, the Espionage Act never applies to the ESPIONAGA Acts applies to everyone else on the planet except for the President of the United States because he is the classifier or declassifier as commander in chief under the Constitution. So that's why I've argued since August that it is legally impossible for President Trump to have violated the Espionage Act in the way he handles classified information.

He could he can declassify anything he wants, just like President Clinton did when he had eight years of highly classified audio recordings of his presidency and his soctore, just like President Obama did when he leaned over on the hot mic and told the Russian puppet president that Obama would have war negotiating room after the two thousand and twelve presidential re election. Clearly classified information, But clearly the president has the constitutional power to do what do with

whatever he wants with classified information. That is not the case with vice presidents or anyone else. And so unless President Obama told Vice President Biden that he can take those classified records with him when he left office, president Biden faces uh, serious Espionage Acts violations for what he did. Now only thing happened to him. I seriously got it, because we know that there are two systems of justice

in America. But he clearly violated the Espionage Acts, and snowdon's correct that it's not you don't have to have specific intent to do it. The mere fact that you have these records, uh is oftentimes all you need for an Espionage Act violation. So now, of course the left wing fact checkers are trying to come to Biden's defense.

You've got PolitiFact, Snopes, so these left wing organizations and publications, and they say that farmer pres in Obama had issued an executive order in two thousand nine, Executive Order twenties six,

title the Classified National Security Information. Uh. And what they allege is that this order gives both the president and the vice president original classification authority and that it's not been changed since by or wasn't changed under Trump, so it still bears uh, you know, fruit, it is still in existence. What do you what do you make of that?

Is that the case is Biden covered under this. So if you read that executive order, Biden may have the ability to declassify records that he classified in the office of vice president, but he doesn't have the ability to declassify records across the government or the president has that authority. So that's just a nonsence. And where were these same people with that executive order with with Trump who was

the president? Right? What they're arguing that Trump could not declassify, that he was an espionage by accilation for Trump to declassify as the president of the United States, But this executive order from from Obama gives the vice president more power than Trump had as president. That's just complete quick commercial break more with Mike Davis. Well, I think what bothers me is the hypocrisy, as you just pointed out.

And I guess it's not really hypocrisy because it's not apples to apples, But you know, even pens like, let's play this clip from Mike Penns who recently criticized Trump in his handling of classified information. Let's play this clip, and clearly possessing classified documents in an unprotected area is not proper quick to condemn Trump when in reality he is mishandled classified information. And to your point, you know, didn't have that same authority as Trump. So do these

people know that they're mishandling classified information? Like how easy is it to accidentally handle it? You know what kind of what's the what's the situation with that? I think it really depends on the factual circumstances. It is amazing how sanctimonious both Biden and Pence were about Trump because they both want to run against Trump as president, right, so that of course they want to politicize this against Trump.

That it came back and smaxim in the face. Right, because they both got caught with classified records as the vice president, which is clearly a favor vice president, which is clearly an Espionage Act violation unless their president Obama or Trump gave them permission to take those classified records. And there's no evidence that either president allowed their vice

presidents to do that, right. So, but I mean, it's I will say this, the Obama Justice Department just excuse me, the Biden Justice Department just put in prison a woman who worked for the Pentagon who moved uh secret documents, not even top secret secret documents from her government office in Hawaii to a ten periory duty office and did not send the documents through a secure courier so or a secure case that you you say, classified documents through.

So they take this very seriously. I know that I had top secret clearance in the government. I had above

top top secret clearance in the government. And everyone knows that when you have those security classes, especially when you're dealing with s c I Secure compartment and information above top secret information, that you have to have that information in skills, right, And uh, you know, it's it's just not it's Biden had to have known that having classified documents, including SEI documents, codenamed documents, and his personal residence and

in his an abandoned office. He had to have known that he could not have done that, right, and so why did he do it? Well, it looks like he was doing it because he was trying to let Hunter use that intel to run his corrupt family business, including at Parisma. Well, and what's strange too, is you know documents from his time and the Senate. And Ted Cruz raised at this point on Twitter not too long ago, and he said, how on earth did he do that?

I've served in the Senate for ten years. Every single classified document I've read a hundred percent have been at a secure skiff in the basement of the capital. What the hell? He asks? So how would Joe Biden even get those documents out of the skiff had out of the basement of the Capitol? As Ted Cruz pointed out, Well,

I mean that's a that's a very good question. Um, he could have you know, if it's it depends on the classification, If it's top secret, he can read those in his office, right, So you could have had when he was the Senate Foreign Relations to the Sherman, he could have had someone from the State Department bring documents to him when he was the Foreign Relations Community showman and just forget to take him back or if they're

if they're if they're sci documents or SAP documents. Uh, those are codenamed documents that would had to have had to have been in a skiff. So who knows how he got Hi out of the skiff. I know that in the Senate skiff. I don't know how it was back then, but I know that in the Senate stiff from what I worked there in two thousand seventeen to

two thousand nineteen. It's a big room and it's heavily guarded, right, so um it's it would be it would be difficult for some for a senator to walk out of the skiff with a codenamed document. But it sounds like Biden found away. Quick break more on all this classified documents stuff.

This sort of seems similar in the way that they've gone after former President Trump with the way that they have enacted or or executed on the Foreign Agents Registration Act, because it's one of those things that like everyone in d C does, but then they only selectively applied justice to Trump people with vera uh. And it seems like this where you know, you've got all these violations of classified documents, and then they went after Trump when he didn't even do it, but just to stick it to him.

Like I just I really dislike forget to have laws, make them known and execute on an even basis, you know, don't just selectively apply them or you know, when you know you can punish your political opponent. Well, and that's that's the problem with a lot of this Spionage Act stuff is it's used by the intel community, it choosed by the FBI, and choosed by the deep state to punish people, right it's to so you can you can you can cover this up. You can bury it when

it's Joe Biden, when it's Obama, when it's Clinton. Sandy Berger stuffed classified documents down his pants. Hillary Clinton had an illegal home server of our nation's most classified secrets that was hacked by hostile foreign governments. She destroyed the server, she destroyed of the hard drives, she destroyed the phones.

Nothing happens to her. But they want to do a home raid on form President Trump, who had the absolute lawful right to have this presidential records, including classified presidential records in the office of former President Marl So that's the problem is is that if we need to I mean we have to. You have to follow you have to follow these laws and apply them evenly. And that's the problem. When you don't, is we have this reaponization

of the federal governments. And I really do hope I I really do hope that House Republicans start to get serious about this. I know that they set up that Select committee. Um, they need to get moving on this, because you know, if if you have laws but they're not applied evenly, then what's the point of those laws? You know, I wanted to ask you. So the National Archives had flagged the documents that they wanted Trump to

turn over, the former president Trump to turn over. How do they not flag earlier that these Biden documents were missing and they've been missing for years. That's a very good question. That's a very good question for oversight. Like James Khmer on the Government Affairs Committee oversight of the National Archives, I think the National Archives has been completely politicized,

just like the d o J, including the FBI. Just like many other government agencies, these agencies are run by Democrats, right, and and they're run by Democrat operatives throughout many layers of these agencies. And you have to ask this, um, you know what, what was the timeline we have? They found these documents with Biden around November second, supposedly. Uh, it's very fishy how they found these documents because President Biden was paying his private attorneys fifteen hundred bucks an

hour or whatever. He was paying his private attorneys to go close down his his abandoned Penn Biden office at the University of Pennsylvania. I'm a I'm a lawyer. I've never heard of a client paying me to go close down an office. You would have a junior aid go do that, not a high priced attorney. They come across these class of five documents. The lawyers think about it overnight and come up with the plan. They call the National Archives. Had the political head the next day and

they were going to cover this up. That's November two, six days before the mid term election. The Biden Justice Department finds out about this because the Inspector General blew the whistle on them, and then what happens. Attorney to America Island covers this up for two months when he should have immediately appointed a special council on November two. He should not have been investigating his own boss for

clear Espionage Act violations. And he does appoint a special council on November eighteen, sixteen days later, but as a special counsel to investigate Trump. And during this time, there was no mention whatsoever for two months that Biden got caught with the stolen classified records. And so you have to wonder if a lot of what they were doing with Trump was do they know about these Biden records a lot sooner than this? Was this all a deflection or is it? And these part of it was the flection.

And when they appointed a special council for Trump on November eighteen, sixteen days after they found the Biden records. So the House Republicans, James Klemer, he's sitting off, sending off letters. I hope he issues a slokana because they need to get to the bottom of what's going on here. The National Archives is supposed to be non partisan bureaucrats and librarians who keep government records and they should not

be politicized and recognized like they have that. Well, yeah, they withheld that information before the election before the midterms, that Biden was in possession of these documents made it all seem that, you know, Trump Republicans were unethical, all these different things, when you know, meanwhile they're sitting on this bombshell about Biden. You know you you mentioned, uh this the Select Subcommittee. Uh. Speaker Kevin McCarthy has now

announced the individuals who are going to be on this subcommittee. Fortunately, he's been falling through his promises, so fingers crossed on him. You know, he took Adam Schiff and Eric swell of off the Intelligence Committee. Good moves. But so this Select Subcommittee on the weaposition of the federal government has been announced. What do you hope they accomplished? What do you want them to look at? You know, sort of what areas

of interest do you think would serve them best? I hope they get moving, first of all, because we I was I've not I've been a pretty vocal critic of Kevin McCarthy and Jim Jordan's but I they were elected, and I really do hope they succeed because there's so much at stake for our country. We could not have two systems of justice in America, one for the ruling elite one for the rest of us. We cannot have a politicized and weaponized federal government, including Justice Department, including FBI,

including National Archives. We can't have a politicized and weaponized uh Intel community. And that's the problem is is we've we have all of those things. One thing that President Obama was able to do very successfully was weaponize the career bureaucracy, the sub cabinet, within the FBI, and the Intel community. And they have turned that against They turn that against President Trump. When he was a presidential candidate, they spied on him. They spied on him when he

was the President of the United States. Was his shocking really that the intel agencies are spying on a sitting president of the United States. They used it to push the Russian collusion hoax, the impeachment hoaxes, hoax after hoax after hoax, another pushing this document hoax down in moral lago. What I what I what needs to happen is this select Committee has to has to root out this weaponization

of the federal government. Hold these people accountable, get them fired, make them famous, get them fired from their jobs, make their lives living hell until they leave. Cut off their appropriations we have, we cannot. This is not sustainable to have this Fazzi style governments where you can you can ignore crimes from Biden, Biden's family, Biden supporters, and then weaponize the Justice Department in the intelligencies against Trump, Trump's

top topies and Trump Trump supporters. Just can't continue. And I'm hoping that they're worried because you know, you look at the FBI finally made some arrests on the attacks on pro life pregnant centers. It's been forever and they've just not done anything about it. So do you think that's because you know, they're a little bit worried about this select subcommittee and a Republican Leadhouse coming for them. Yeah.

I mean and they yes, and they should be. I mean, I think Chris Ray was President Trump's biggest mistakes of his presidence. He was appointing Chris Ray as the FBI director. He was he was kind of quartered and forced to do it because they used Chris Ray as a way to say that Trump was going to have some distance from the Russian pollution probe. And it's just Chris Ray is he's he is so weak and incompetent of a director that he lets the FBI run him and he

does not run the FBI. He's used the perfect FBI director for the deep statement as they can just control him. And they can't continue to let this happen. You can't have out. Uh, these abortion activists threatening, intimidating, harassing, illegally obstructing justice by by threatening harassing Supreme Court justices and their families outside of their homes. Uh. They are correct

terrorizing pro life pligancy centers, vandalizing Catholic churches. Not a damn thing happens because the abortion industry has such a grip on the Democrat Party. Yet they're going to send the FBI after every grandma and goofball who trust passed it took selfies on January six. Then you're gonna send the FBI against people who are praying the rosiary outside

of abortion clinics. We can't continue as a we cannot continue as a country when you have this complete politics, this this weaponization of the Justice Department to go after your enemies and protect your friends. I mean, it's one of the biggest issues we face as a country. And I'm praying that you know there's some brave warriors on the subcommittee, uh, like Thomas Massey, Dan Bishop, so I pray that they uncover a lot. Mike Davis, always helpful,

always so informative. You're a smart man. I appreciate you taking the time to to come on the show and break the cell down for us. Thank you for having me out again, Lisa so Is. Mike Davis breaking down all of that for us, very informative, super helpful. I appreciate you guys listening. I want to thank John Cassu and my producer for putting together the show every Monday

and Thursday, but you can listen throughout the week. I hope you will drop us a review, leave us a rating on Apple Podcast, and as always, I appreciate you're listening.