Trump's Florida classified documents case gets ready for 3 days of hearings | The Excerpt

On Friday’s episode of The Excerpt podcast: USA TODAY Justice Department Correspondent Bart Jansen looks at the upcoming three days of hearings, beginning Friday, in Former President Donald Trump's classified documents case. The Supreme Court upholds a controversial tax on foreign income. Plus, the court prepares for a flurry of decisions in the coming days. Excessive heat continues, and is as dangerous for animals as it is for people. USA TODAY Money, Markets and Personal Finance Reporter Medora Lee talks about Americans' fading purchasing power. Donald Sutherland has died at 88. Thursday night's MLB game at Rickwood Field honored the history of Black baseball.

Hit play on the player below to hear the podcast and follow along with the transcript beneath it.  This transcript was automatically generated, and then edited for clarity in its current form. There may be some differences between the audio and the text.

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Taylor Wilson:

Good morning. I'm Taylor Wilson and today is Friday June 21st 2024. This is The Excerpt. Today Trump begins hearings on his classified documents case. Plus the Supreme Court upholds a tax on foreign income. And American's purchasing power is fading.

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Former President Donald Trump will begin three days of today aiming to persuade a federal judge to dismiss charges he mishandled classified documents after he left the White House. Trump has pleaded not guilty to 40 charges of hoarding national defense records at his Mar-a-Lago home after leaving office in January of 2021. I caught up with USA TODAY Justice Department correspondent Bart Jansen for the latest. Bart, thanks for hopping on.

Bart Jansen:

Thanks for having me.

Taylor Wilson:

Today arguments will center on special counsel Jack Smith. What's that issue over his appointment and what can we expect Trump and prosecutors to argue here?

Bart Jansen:

What Trump is arguing is that there's no statute that authorized the special counsel. And that the post is so powerful, maybe similar to a US attorney, that the post should be authorized by law. The way it was created, we used to have a thing called the independent counsel. Well, because of how controversial some of those independent counsels were, Congress let that law lapse and so we don't have that anymore. And its successor is Attorney General Janet Reno in 1999, adopted regulations to create the post of special counsel and then something like a half dozen special counsels have been appointed since then. They've been upheld, they've carried out their functions, they've prosecuted people. At this point we have Special Counsel Jack Smith charging Trump in two jurisdictions, up in Washington for election interference and down in Florida for retaining classified documents. Trump's lawyers are arguing, "Hey, you can't have this powerful a slot without it being authorized by Law."

Attorney General Merrick Garland replies, "No, regulations are allowed under the law." So they'll be disputing this during the all day hearing. One of the novelties of the hearing is that three outside groups will also be making arguments. One of the groups includes former Attorney General Ed Meese. This group is basically echoing Trump's argument that there should be a law to authorize a special counsel. In addition, they say any post with this much power should require Senate confirmation. The second group is another conservative landmark legal foundation and a law professor in Ireland, which contend that the special counsel post is not that powerful, that he's basically a mere employee, a staffer at the Justice Department who shouldn't have the broad prosecutorial power that a US attorney has. So one side is saying it's so weak he shouldn't be able to prosecute. The other side is saying he's so powerful, he needs Senate confirmation. Then the third group is in favor of the special prosecutor. This is a group of former prosecutors and elected officials from both parties who can contend the Constitution and US laws, "Unmistakably established the lawfulness of Special Counsel Smith's appointment."

Taylor Wilson:

And so Bart, moving to next week, arguments about funding are set for Monday. What will these focus on specifically?

Bart Jansen:

Yeah. Monday morning is a very similar argument to whether the appointment was legitimate. Trump's lawyers are saying that Congress hasn't yet specifically appropriated funds for Special Counsel Jack Smith. He's paid under the umbrella of the Justice Department and so Trump's lawyers are arguing that basically he's being paid off the books and that it's unauthorized and without accountability. And so it's similar to the appointment argument, but a slightly different vein because it's under the appropriations that they argue if Congress really wanted a post like this, Congress would be funding it separately or designating it separately.

Taylor Wilson:

So also on Monday, Bart, will be issues surrounding this gag order. What can you tell us there?

Bart Jansen:

Trump has made several posts on social media criticizing the FBI agents and saying that they were authorized by the Justice Department to use lethal force against him, that they could have killed him during the search. Well, of course, Trump wasn't even at Mar-a-Lago during the search. But the prosecutors say that criticizing FBI agents could influence the trial and could influence witnesses at the trial, namely those FBI agents. And they worry that the agents could be threatened and harassed if Trump continues to comment on them. So they've asked the judge to issue a gag order that would be enforced as a condition of his release before trial. So the threat would be not just fines that he's faced in other trials with gag orders, but the threat would be that he could be jailed before the trial if he violated the order and if she even issues the order. Trump contends that he's got a First Amendment right to criticize his adversaries and that he's campaigning for president that he should be allowed to criticize the FBI.

Taylor Wilson:

Then on Tuesday, Bart, Trump is expected to ask Judge Cannon to throw out the document seized during the search on his Mar-a-Lago home. Why does he contend the search was unconstitutional and really what should we expect to come out of this Tuesday?

Bart Jansen:

Basically, Trump's lawyers argue that the search warrant was too broad and also they contend that there was this argument within the FBI about whether the search should have just been consensual. But government officials had been negotiating with Trump to return documents for 18 months at that point, since he left the White House. They had already received a signed assurance from Trump's lawyers in June that all classified documents had already been returned under subpoena by that point. But then the search in August of 2022 still found 100 classified documents. So government lawyers say the search was necessary and that the need for the search was proven out by what they found when they did search the grounds.

Taylor Wilson:

All right. Bart Jansen covers the Justice Department for USA TODAY. Thanks, Bart.

Bart Jansen:

Thanks for having me.

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Taylor Wilson:

The Supreme Court yesterday upheld a controversial Trump-era tax on foreign income. The ruling marked a win for the federal government, which had warned the failed challenge could have costed hundreds of billions and maybe trillions of dollars in tax revenue. The case was viewed by some as a proxy debate for a wealth tax Democrats have floated for the ultra rich. But the high court emphasized that the decision does not address the questions that would bring. The court ruled against a retired couple who challenged their nearly $15,000 tax bill on an investment they made in a company in India. A change in tax laws passed by a GOP Congress and signed by former President Donald Trump in 2017 reduced the corporate tax rate and included a one-time tax on earnings of US shareholders in some foreign companies. Before the law companies could defer indefinitely paying US taxes on foreign earnings by parking the profits abroad.

The couple argued the tax was unconstitutional under the Sixteenth Amendment, which allows the government to tax income. Because their profits in the form of dividends were reinvested into the company, the couple said the earnings cannot be considered income for tax purposes. The Biden Administration countered that nothing in the Constitution bars Congress from taxing unrealized income. The Justice Department also said similar taxes have been in place since the mid-19th century. Lower court sided with the administration and the couple appealed to the Supreme Court. The high court, which tries to deal with pending cases by the end of June, has an unusually large number of decisions pending, particularly on hot button issues. In the coming days, the court will issue potentially blockbuster decisions ranging from gun rights to abortion access, and whether former President Donald Trump and others can be prosecuted for trying to overturn the 2020 election. You can read more with a link in today's show notes.

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Excessive heat advisories, watches and warnings made up the first day of summer yesterday for more than 100 million Americans from Chicago to Maine, with more severe heat on the way. Meteorologists blame a heat dome, a powerful high pressure system that traps hot air over a region and prevents cool air from getting in, causing ground temperatures to remain high. Temperatures in the 90s and triple digits will continue through the weekend for much of the Midwest and Northeast. And extreme heat is as dangerous for animals as it is for people. Smaller animals are often the most likely to suffer during hot weather. Chickens, rabbits, guinea pigs, and other little creatures should be kept out of the sun as much as possible this week. And experts warn pet owners to be careful about hot surfaces. Cats and dogs in particular can burn their paws on hot sidewalks, decks and roads.

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American salaries are not likely to catch up to inflation anytime soon, as buying power continues to shrink. I spoke with USA TODAY money, markets and personal finance reporter Medora Lee for more. Medora, thanks for hopping on.

Medora Lee:

Thanks for having me.

Taylor Wilson:

So Medora, what does this new research find about the trend, kind of a bleak trend, that American's buying power is moving toward?

Medora Lee:

Over the last few years, we've seen this really high inflation rate. And I'm pretty sure everybody's felt it, that their dollars are not stretching as far because of it. They've found in the past five years, 97% of occupation salaries have failed to keep up with inflation. In fact, the average salary after adjusting for inflation has dropped 8.2% while home prices rose 56%. The research says they project it's not going to get any better for most of us. That's pretty tough to take because everybody's just waiting for inflation to cool so we can start feeling like we've finally caught up, but this new research says that we should probably not be expecting that.

Taylor Wilson:

Yikes. So which jobs will lose the most purchasing power in the coming years, Medora?

Medora Lee:

The one that tops it is sadly elementary school teachers. We need them, but they should expect by 2028, their salary adjusted for inflation will be down about 11.5%. And then accountants, they're looking at a drop of about 10.5% on real terms. Administrative assistants, about 8.5%. And nurses, after taking us through the pandemic, registered nurses will drop almost 8%. And then maintenance workers, about 7.5%. So those are the big ones.

Taylor Wilson:

Wow. So are there any jobs or sectors that we do expect to fare well in the next few years?

Medora Lee:

Yeah. I think out of the top 20 occupations, waitresses and waiters are the only ones who might be able to beat inflation by 2028. Just by a little bit though, about 1.75%. Everybody else is below just by a hair. Food preparation workers, retail, sales workers, cashiers, and customer sales rep. So those people will probably be doing a little better than the nurses, elementary school teachers, administrative assistants and accountants.

Taylor Wilson:

Yeah. So I mean, you mentioned, Medora, inflation has been cooling over the past year. Is that not enough to reverse this trend?

Medora Lee:

This research by Moneywise says it's unlikely. It could slow the trend, but it's probably not going to reverse even if inflation comes down a little bit because housing prices are still rising and are high. Salaries are still stagnant and there's still ongoing conflicts in the world. And the biggest issue is really there might be job losses due to AI.

Taylor Wilson:

Right. Medora Lee covers money, markets and personal finance for USA TODAY. Sometimes you have the glass half full for us, Medora. A little bit tough today. Thanks so much.

Medora Lee:

Thanks so much. Bye-bye.

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Taylor Wilson:

Donald Sutherland has died. The versatile Canadian actor had a prolific career in TV shows and movies showing a diverse range, from authority loathing surgeon Hawkeye Pierce in the M*A*S*H movie, to authoritarian villain President Snow in the Hunger Games franchise. His son, fellow actor, Kiefer Sutherland, posted on social media yesterday, along with a photo of the father-son pair, writing that his dad was one of the most important actors in the history of film. Donald Sutherland was 88.

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The St. Louis Cardinals beat the San Francisco Giants last night, but the game meant much more than the result. The Major League Baseball game was held at Rickwood Field in Birmingham, Alabama, the historic home of the Birmingham Black Barons of the Negro Leagues. In the 1950s, the city had an ordinance making it against the law for Black and white players to play together in a number of games in sports, including baseball.

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The issue came to a head in the fall of 1953 when an All-Star baseball team organized by Jackie Robinson was scheduled to play a game at Rickwood Field. Because the roster was integrated, segregationist Bull Connor did everything he could to block the game. In turn, Robinson agreed to play only the Black players to avoid having both races on the field. The following April, Robinson's Brooklyn Dodgers, including Black catcher Roy Campanella, scheduled two exhibition games in Birmingham against Hank Aaron's Milwaukee Braves. With a referendum regarding the city ordinance about to be contested in a city election, the games were allowed to proceed. Additionally, all time great Willie Mays, who died earlier this week, grew up less than two miles from the park, and he played for the Black Barons as a teenager. That's just part of the park's rich history marked last night. In the game both teams wore special uniforms to honor the history of the Negro Leagues in their respective cities. You can read more from USA TODAY Sports.

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Thanks for listening to The Excerpt. We're produced by Shannon Rae Green and our executive producer is Laura Beatty. You can get the podcast wherever you get your pods, and if you're on a smart speaker, just ask for The Excerpt. I'm Taylor Wilson back tomorrow with more of The Excerpt from USA TODAY.

This article originally appeared on USA TODAY: Trump's classified docs case begins 3 days of hearings | The Excerpt