Former President Trump’s legal team was back in court on Monday after a Friday hearing in which both sides argued over the legality of special counsel Jack Smith’s appointment in the classified documents case against the former president.
The hearing will continue on Monday, with the two sides again discussing issues surrounding Smith’s appointment and a limited gag order requested by prosecutors to bar Trump from making comments they say could endanger the safety of FBI agents and other law enforcement personnel involved in the case.
Trump’s lawyers have argued that any restrictions on speech would infringe on his free speech rights. Cannon initially denied the prosecutors’ request on technical grounds, saying Smith’s lawyers had not adequately consulted with them before seeking the restrictions. Prosecutors then resubmitted their request.
U.S. District Judge Eileen Cannon heard hours of arguments from lawyers on both sides on Friday. Trump’s lawyer, Emil Bove, argued that the Justice Department risks creating a “shadow government” by appointing special counsel to prosecute certain criminal cases.
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Former President Trump and Special Counsel Jack Smith (Getty Images)
Bove used the term “shadow government” to describe a situation in which power is held by lower-level officials who are not confirmed by the Senate.
“These are risks we are taking,” he said.
Prosecutors said there was nothing improper or unusual about Smith’s appointment, and James Pierce, a member of Smith’s team, said: “We’ve followed the rules. We’ve followed all police policies.”
Cannon did not issue a decision Friday but is expected to issue a written order on the matter in the coming days.
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Former President Trump arrived at Trump Tower on May 30, 2024, after being convicted in New York City of 34 counts of first-degree falsifying business records. (Felipe Ramares for Fox News Digital)
In a separate hearing on Tuesday, the Trump campaign is expected to argue that the Aug. 8, 2022 search of Trump’s Mar-a-Lago estate in Palm Beach, Florida, that uncovered classified documents, was unlawful and that any evidence found in the search should be destroyed. The Trump campaign will also argue that the search may have been conducted privately with Trump’s consent.
Trump faces charges stemming from Smith’s investigation into possession of classified material. He has pleaded not guilty to all 37 felony charges brought in the Smith investigation, including knowingly retaining national defense information, conspiracy to obstruct justice and making false statements.
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Attorney General Merrick Garland, pictured, has appointed Jack Smith as special counsel. (AP Photo/Jose Luis Magana/File)
Trump was charged with three counts in a supplemental indictment in the investigation, including two counts of willful retention of national defense information and obstruction.
Brooke Singman of The Associated Press and Fox News Digital contributed to this report.
