Mark Levin: Legal For Candidate To Spend Money On Something That Occurred Not As A Result Of The Campaign

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Mark Levin makes the case that President Trump's use of former attorney Michael Cohen as a go-between to pay women hush money is not a campaign contribution and there is campaign law violation. On Tuesday's Hannity, Levin told the host a candidate who spends money on an event that occurred not as a result of the campaign is not a campaign expenditure.

Levin said the candidate is allowed to direct his attorney which source of non-campaign funds he would like to use to pay the settlement, including the use of the attorney's money.

"Let’s say that this candidate settles a lawsuit that was initiated before he becomes a candidate. And he says to his personal lawyer, I want you to pay, settle that lawsuit. You can use my corporate funds, my private funds, whatever it is. That is perfectly legal, too," Levin said about directing use of money," Levin explained.





Levin believes Mueller is preparing an "impeachment report" against Trump, calling it "unconstitutional activity."

"Mr. Mueller as a federal prosecutor is preparing his impeachment report which is an unconstitutional activity. Mr. Mueller is supposed to be non-political. He is not supposed to preparing impeachment report," he said.

Levin also took a shot at Cohen attorney and Clinton World veteran Lanny Davis. Calling him a "dummy," Levin said Davis "blew it" because no campaign finance laws were violated.

"They weren’t a crime for Michael Cohen. He screwed himself. And they’re not a crime for Donald Trump either. Now move along and go back into your corner with Hillary Clinton," he said.

Full transcript, via FOX News:

All right. Here with the reaction to all of today's breaking news. He is the host of the number one show on Sunday night at 10 Eastern, Life, Liberty, and Levin right on the Fox News channel, host of CRTV's Levin TV. We call him the great one for a reason. Mark Levin.

All right, Mark, I mean, there are some lessons here. I agree that you shouldn't lie to the FBI. Everyone agrees with that. I also agree that you should pay your taxes. I also agree that you better not lie on a bank loan application. Mark, how did we get from Russia and that this is it after nearly, we are almost at 500 days.

MARK LEVIN, FOX NEWS HOST: All right. I want to address Michael Cohen. How did we get to that? I want to help the law professors, the constitutional experts, the criminal defense lawyers, the former prosecutors and of course, the professors. I want to help them understand what the law is.

The general counsel for the Clinton mob family, Lanny Davis, he had his client pleaded two counts of criminality that don't exist. These campaign finance violations that is all over TV, they are saying implicates the president of the United States directly.

First, let's back up. It is a guilty plea. It is a plea bargain between a prosecutor and a criminal. A criminal who doesn't want to spend the rest of his life in prison. That is not precedent. That applies only to that specific case. Nobody cites plea bargains for precedent. That's number one.

Number two, just because a prosecutor says that somebody violated a campaign law doesn't make it so. He is not the judge. He is not the jury. We didn't adjudicate anything. It never went to court. That's number two.

A campaign expenditure under our federal campaign laws is an expenditure solely for campaign activity. A candidate who spends his own money or even corporate money for an event that occurred not as a result of the campaign, it is not a campaign expenditure.

Let me give a few examples to help people understand this, especially the American people. Let's say, I wrote these down. Let's say a candidate had said we owe vendors a whole lot of money. We've had disputes with them. But I want you to go ahead and pay them. I'm a candidate, I don't want all this negative publicity.

So he says to his private lawyer, you pay them, I'll reimburse you, get it done. Is that illegal? It's perfectly legal.

Yet according to the prosecution of the Southern District of New York it's paid at the direction of the candidate to influence the election. Yes, Mr. Prosecutor, how stupid is your point? It's not a crime.

More, let's say that this candidate settles a lawsuit that was initiated before he becomes a candidate. And he says to his personal lawyer, I want you to pay, settle that lawsuit. You can use my corporate funds, my private funds, whatever it is. That is perfectly legal, too.

The prosecutor would say but that influenced the election. So what? There are certain things you do that influence an election that are legal and certain things you do to influence an election that are illegal.

Let's say a candidate gets a non-disclosure agreement from a disgruntled employee and he wants to quiet that disgruntled employee as he goes into the election. He pays the funds out of his pocket or through his corporation. Perfectly legal.

Nothing here was spent out of the campaign, nothing was done with the campaign or to the campaign. This is exactly what the federal law is.

And Mr. Lanny davis had his client plead guilty to two offenses that aren't offenses that the prosecutor insisted were offenses. That's why he is no good. That is Michael Cohen against Donald Trump.

Donald Trump is in the clear. Let's say Donald Trump even directed Michael Cohen to make payments in non-disclosure agreements. So what? He is allowed to do that.

Now, here's my question. Has the Southern District of New York ever paid money in a non-disclosure agreement with any of its employees? How about any U.S. attorney's office in the United States? How about the Department of Justice? How about any business?

HANNITY: Or Congress.

LEVIN: How about any union? How about the DNC? How about member of Congress? It's done all the time. It is all hush money. And all of this hush money, they can't pay hush money. Well, it is hush money. It's legal. It's a contract. It's done all the time.

Now, what does Mr. Mueller have left? It's worked. He is chasing the Manhattan madam. Who the hell is the Manhattan madam? I don't know. And how is he interviewing? He is dragging her in front of the grand jury.

What's next? The Manhattan madame. He's got -- he's got Manafort where he wants him on banking charges, he set up a few guys like Flynn who has gotten in trouble. Now they have Cohen. What do they have? They have nothing. I'll tell you what they have.

Mr. Mueller as a federal prosecutor is preparing his impeachment report which is an unconstitutional activity. Mr. Mueller is supposed to be nonpolitical. He is not supposed to preparing impeachment report.

Mr. Mueller, I told you before, you can't indict a sitting president. I told you that 15 months ago. Now you figured it out. You and Rosenstein figured it out. Now you and Rosenstein are trying to figure out what to do with the subpoena.

You see, Sean, Giuliani was on your show the other day or somebody's show and said why do they take two or three weeks? I'll tell you why they take two or three weeks. Because Mr. Mueller has to consult Mr. Rosenstein, his boss, to figure out what to do with the subpoena.

I'll tell you what happens when they issue that subpoena. The president of the United States takes it all the way to the Supreme Court. And what does he cite? Department of Justice memos. What else does he cite? The Constitution of the United States.

So this is going to be an impeachment battle in the end. The president of the United States if he doesn't get involved in the perjury trap -- think about that. They don't have a crime. He needs this interview to create a crime against the president of the United States. This prosecutor.

Well, that's pretty damn outrageous. So in any event I want the news media to understand. You know what took place in the Southern District of New York? Nothing that matters. Zippo.

HANNITY: You know what, Mark?

LEVIN: There was no violation of the federal campaign laws. Lanny Davis blew it. Lanny Davis -- Lanny Davis he puts out a tweet today. "Today, Cohen stood up and testified under oath that Donald Trump directed him to commit a crime."

You are a dummy, Lanny.

"By making payments to two women for the principal purpose of influencing an election. If those payments were a crime for Michael Cohen then why wouldn't they be a crime for Donald Trump?"

They weren't a crime for Michael Cohen. He screwed himself. And they're not a crime for Donald Trump either. Now move along and go back into your corner with Hillary Clinton.

HANNITY: Well, obviously, he is a huge Clinton sycophant. So there's 2016 campaign, we're what, 77 days out is now becoming as I have said for a long time. It's about impeachment, keeping Obamacare, then wanting their crumbs back, eliminating ICE, open borders and stopping the investigation into what I say is the biggest abuse of power.

Here is what I want to ask you. So we now have Hillary Rodham Clinton obstructing, violating the Espionage Act and no indictment. We now have her paying for what turns out to be a foreign entity, a foreign agent, putting together Russian lies that are disseminated to the American people to influence an election. Lies. Never verified or corroborated.

Then put as the bulk of information and for FISA warrants, Comey, Sally Yates, Rod Rosenstein, they all signed off and they all said, they swore, they put their good name and credibility behind it. I don't see Comey indicted.

LEVIN: Right.

HANNITY: I don't see any -- I don't see any Hillary Clinton indictments. I don't see any crimes that are being pursued here. Barack Obama had what, $2 million in campaign finance violations he just paid upon.

LEVIN: Can I interrupt for a second?

HANNITY: Yes, go ahead. Interrupt on my own show.

LEVIN: The head of the FBI is not the head of the FBI anymore. He is a confessed leaker and he is under investigation by the inspector director. The deputy FBI director was fired and is under criminal investigation.

Mr. Strzok was the head counterintelligence investigator was fired and he is under investigation, I believe, or will be, or should be under investigation as well. That's the top tier of the Federal Bureau of Investigation. I have never heard of anything like this before.

You have a mole in the deputy attorney general's office who's working with Strzok has been fired. His wife works for the Fusion GPS. And pushing out the opposition research against the president of the United States.

Getting in front of the FISA court through the FBI, Bruce Ohr. Bruce Ohr who served for the deputy attorney general of the United States and there is tons more. You have FISA court judges that have never been held to account.

HANNITY: Fraud.

LEVIN: You had an application that was filed with the FISA court. They didn't say who paid for the opposition research that was used to violate their rules.

HANNITY: I got to run, Mark.

LEVIN: yes. We need a special counsel now. For that.

HANNITY: You know, some great, smart, constitutional lawyer once wrote a book and in book he said, this is a post-constitutional America. That was you. We're there. Mark, thank you.

LEVIN: Thanks, Sean.

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