The second day of hearings on defense and prosecution motions in former President Trump’s classified documents case in Florida ended just after 5:30 p.m. on Monday evening.
The hearing examined two issues: the funding and legality of Special Counsel Jack Smith’s case, and the possibility of adding terms of Trump’s release that would limit some of the things he may say about the Mar-a-Lago raid.
CNN presidential debate: Illegal immigration emerges as top issue amid outrage over 12-year-old girl’s murder
Former President Donald Trump and Special Counsel Jack Smith (Getty Images)
During the hearing, which began at 10 a.m. and lasted about an hour and 45 minutes, Trump’s lawyer Emil Bove argued that Special Counsel Jack Smith is “illegally funded.” Bove argued that the funds used by Smith’s team are not permitted by law and ultimately raise separation of powers issues. As it stands, the special counsel is operating with a supposedly unlimited budget in an effort to convict the former president.
Notably, Smith attended Monday’s hearing and sat behind the prosecution bench rather than in the courtroom gallery.
Prosecutors seek new gag order against Trump in classified documents case
Smith appeared in court on Monday. (Al Drago/Bloomberg via Getty Images)
U.S. District Judge Eileen Cannon of the Southern District of Florida questioned Department of Justice (DOJ) prosecutor James Pierce about his claim that the special counsel is legally given unlimited funding. Cannon pressed on the “unlimited funding” argument, pointing to several similar cases in the U.S. Code. Pierce also noted that eight other special counsels have been funded in a similar manner, suggesting that her ruling could have far-reaching effects on other matters.
Cannon also reviewed some of the budget reports for the prosecution, which showed that the special counsel’s office and the Justice Department spent roughly $9 million on the case between November 2022 and March 2023.
‘The View’ co-host defends CNN host who interrupted interview with Trump campaign spokesman: ‘It was great!’
Cannon questioned both sides during the hearing. (Reuters)
Pierce also argued that even if the funds are found to be illegal, the case cannot be dismissed, as Trump’s defense has argued.
Later that day, the court heard arguments for and against a modification of Trump’s conditions of release that amounted to an informal and limited gag order.
Estoppel in government and academia: Jonathan Turley
President Trump is under gag order in two cases. (AP Photo/Seth Wenig, Poole)
The government sought gag orders after Trump made multiple comments about the use of force authorized by FBI agents during the investigation, particularly in relation to the attack on Trump’s Mar-a-Lago estate. Prosecutors said the words, which the FBI described as “fully prepared and ready to shoot me at any moment,” could put law enforcement at risk.
At the second hearing, Justice Department prosecutor David Harbach was reprimanded by Cannon for his tone and warned about courtroom decorum. Harbach argued that censorship of Trump was necessary because of a connection between Trump’s words and the actions of some of his supporters. He also argued that the names of FBI agents involved in the Mar-a-Lago attack had been made public, putting them at risk.
Click here to get the FOX News app
But when Cannon asked who had been named, Harback declined to answer and said prosecutors knew who was responsible, prompting Cannon to seem annoyed and ask why they hadn’t publicly announced the name and prosecuted the individual.
Trump’s lawyers argued during the hearing that the requested informal and limited gag order was too vague and that the former president’s attacks were clearly targeted at Biden, not police officers.
Court will resume Tuesday morning with a closed hearing at 11 a.m. and a public hearing at 1 p.m.
