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Judge skeptical of Trump bid to remove classified docs from trial | The Excerpt


On Wednesday’s episode of The Excerpt podcast: The federal judge in charge of former President Donald Trump's classified documents case appears set to allow prosecutors to use documents seized by the FBI from the former president's private club. Plus, Monica Lewinsky wants the judge impeached. Paste BN White House Correspondent Michael Collins discusses President Joe Biden's approach to Thursday's debate. President Joe Biden pardons thousands of veterans convicted under a military law that banned gay sex. The National Transportation Safety Board says that burning off chemicals after a train derailed in Ohio last year was unnecessary. The NBA Draft begins!

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 Wednesday, June 26th, 2024. This is The Excerpt. Today, the latest surrounding former president Donald Trump's classified documents case, plus a look at President Joe Biden's potential strategy in tomorrow's debate. And it's time for the NBA draft.

The Florida federal judge in charge of former president Donald Trump's classified documents case appears set to allow prosecutors to use documents seized by the FBI from the former president's private club. Trump's legal team has argued that the FBI might have lost its court request for a search warrant if the bureau had disclosed that its officials debated asking Trump's lawyers for permission to search his Mar-a-Lago Club.

But Judge Aileen Cannon indicated at a hearing yesterday that she did not see the significance of such debate. Cannon was skeptical of Trump's argument despite having been criticized by experts for multiple previous Trump friendly rulings that appeared to deviate from legal norms, that included temporarily blocking investigators from examining seized documents before the charges were brought. The decision was reversed by a panel of three Republican appointed appellate judges. Trump nominated Cannon in 2020. Meanwhile, Monica Lewinsky says she hopes Judge Cannon is impeached because she's upset the case still has not moved forward to trial. You can read more with a link in today's show notes.

We are a day away from the first presidential debate of the year between President Joe Biden and former president Donald Trump. And I caught up with Paste BN White House correspondent Michael Collins for a look at how Biden is preparing. Michael, thanks for hopping on.

Michael Collins:

Thanks for having me.

Taylor Wilson:

So Michael, how has the president been spending the days and weeks leading up to this big debate?

Michael Collins:

Well, he has been spending most of this week at Camp David, which is the presidential retreat in Maryland just outside of Washington. And there, he has been practicing for the upcoming debate. His former chief of staff, Ron Klain, is helping him lead his debate prep. We don't know who is playing the role of Donald Trump in these mock sessions, but we're told that it's his attorney, Bob Bauer. The Biden campaign has not confirmed that, but that's our understanding.

Taylor Wilson:

And what policy issues can we really expect the president to try and highlight or point to on tomorrow's debate stage?

Michael Collins:

Well, I think you're going to be hearing a lot about abortion and reproductive rights. Biden is going to remind Americans that Donald Trump likes to boast that he got rid of Roe v. Wade. And of course, it was the Supreme Court that overturned that landmark law, but Trump appointed three of the justices who were in the conservative majority that issued that ruling. And reminding voters of that has been a real winning strategy for Democrats in past elections, most notably the midterms in 2022.

I think you can also expect Biden to really go after Trump over his pledges to cut the corporate tax rate and embrace dictator like tactics. And I think you're going to hear Biden talk a lot about how democracy is in danger. This is a theme that he has been emphasizing over and over and over again, and he's going to make the argument that it will be in even more jeopardy if Trump wins in November.

Taylor Wilson:

Michael, it's impossible to talk in this election year without bringing up Trump's legal issues. Will Biden lean into his opponent's legal problems, and what's the expectation there?

Michael Collins:

Oh, I think you can expect Biden to remind voters that Donald Trump is a convicted felon. Remember, Trump was convicted in New York back in May of 34 felonies for falsifying records to cover up his sexual escapades with a former porn star Stormy Daniels. He's the first ex-president ever convicted of a felony, and he still faces dozens of other felony counts, some of them tied to his efforts to overturn the 2020 election that he lost to Joe Biden. So yeah, you can bet that Biden is going to bring that up in front of a national audience.

Taylor Wilson:

Of course, Biden's age and competence have been circled as issues by Trump and other Republican critics. How might he address those concerns? And is he doing anything in particular to prepare himself against those critiques?

Michael Collins:

Well, I think the way he's looking to address the age issue is just by showing up. And the White House hopes, by delivering a debate performance, that will put all those questions to rest. It's a bit of risky for Biden to go into the debate and stand on the stage for 90 minutes and answer questions from moderators inspired with Trump, who is sure to go on the attack. One slip up or one stumble will just fuel those questions about whether he's mentally fit to serve as president.

But on the other hand, if he gets through this debate without any major misstep and he seems to have a good grasp of the issues, then that actually could help ease the concerns of some people who are worried about this age issue. And I think there's probably one other thing that we need to remind people. Yes, Biden is 81. He's the oldest president we've ever had. But he's only three years older than Donald Trump, who is 78 and is also facing questions about whether he's too old to be president. So this debate carries risks for both candidates, not only on the age question, but also on all these other issues that we've just talked about.

Taylor Wilson:

All right. Michael Collins is a White House correspondent with Paste BN. Thank you, Michael.

Michael Collins:

Thank you for having me.

Taylor Wilson:

For a closer look at Donald Trump's approach to tomorrow's debate, check out our Tuesday episode of The Excerpt right here on this feed.

President Joe Biden is pardoning thousands of U.S. veterans who were convicted under a military law that banned gay sex, making them eligible to apply for previously withheld benefits. In a statement announcing the clemency actions yesterday, Biden said he was righting an historic wrong to pardon former service members who "Were convicted simply for being themselves." The ban held for more than six decades until Congress in 2013 amended the Uniform Code of Military Justice Article 125, which previously criminalized consensual sodomy following the repeal of don't ask, don't tell.

Affected veterans will automatically receive a pardon. But to receive care and previously withheld benefits, individual service members will have to provide proof that they qualify, according to a senior administration official.

The National Transportation Safety Board said yesterday that burning off chemicals after a train derailed in Ohio last year was unnecessary, with an agency official later accusing the company of failing to disclose information to investigators. Officials intentionally released and burned off toxic vinyl chloride from five derailed cars, sending smoke and chemicals into the air despite the potential health effects. NTSB officials said yesterday that the train operator and its contractors failed to tell incident commanders that the maker and shipper of the vinyl chloride had said venting and burning the chemicals wasn't needed.

NTSB chair, Jennifer Homendy, also slammed the company Norfolk Southern's behavior during the investigation and accused it of delaying or failing to disclose information to investigators. Twice, Homendy threatened to subpoena the company to get the information they were looking for, she said. In February of 2023, a Norfolk Southern train derailed in a small Ohio town near the Pennsylvania border. Residents initially watched the fires from the crash and were later evacuated as officials feared a potential hazardous chemical explosion, and they executed the vent and burn.

The NBA draft begins tonight. And for the first time since adopting its current format in 1989, the two rounds of the draft will be split over two nights. The Atlanta Hawks are set to pick first overall. And this year's draft is widely considered one of the weaker classes in recent memory. But a few players have risen above the rest as the clear cut favorites of the group. That includes a pair of French players, Alex Sarr and Zaccharie Risacher. Outside of the top picks, much of this year's intrigue centers on Bronny James, the son of Superstar LeBron James. It's not clear where he'll land or whether he may eventually play with his dad on a team. You can read more from Paste BN Sports, and you can tune in on ESPN and ABC beginning at 8:00 PM Eastern Time.

Today is the last Wednesday of June, and that means it's the National Day of Joy. Find a moment to lean into whatever brings you joy today. And thanks for listening to The Excerpt. 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 Paste BN.