U.S. District Judge Eileen Cannon of the Southern District of Florida heard arguments Monday from former President Donald Trump’s defense team regarding the appointment of U.S. Special Counsel Jack Smith to the classified documents case.
During the hearing, Trump lawyer Emil Bove accused the special counsel of making “illegal payments” to Smith. Fox News Digital The defense also argued that the special counsel has a virtually unlimited budget to prosecute Trump.
“I don’t like your tone.”
Cannon on Monday considered a motion to dismiss the case filed by Trump’s team, which argued that the funds used by Smith’s special counsel were not authorized by law and raised separation of powers issues.
Former Assistant US Attorney Andy McCarthy told Fox News that the defense’s argument that Smith was illegally appointed by US Attorney General Merrick Garland is “very compelling.”
“Attorney General Garland has said from the beginning that he would not be overseeing Jack Smith,” McCarthy said. “His primary purpose in appointing Smith was to put distance between President Biden, the Biden Administration, the Biden Justice Department and the prosecution of Trump. I’ve always thought that was a myth, but the fact is that the Attorney General is saying that the special counsel is not doing the very thing he claims he is overseeing Smith.”
Smith’s team asked Cannon to modify the terms of Trump’s release by issuing a gag order against the former president. Prosecutors cited Trump’s comments about the FBI’s search of Mar-a-Lago. They argued that Trump’s social media comments could put FBI agents at risk.
“The evil Joe Biden Department of Justice authorized the FBI to use lethal force in the illegal and unconstitutional raid on Mar-a-Lago,” one social media post said.
Trump’s lawyer, Todd Blanche, said Trump’s accusations It’s not aimed at the FBI. To President Joe Biden.
The FBI has said authorization to use force is typically included in search warrants.
During the hearing, Cannon rebuked prosecutor David Harbach. His tone.
“I don’t like the tone you’re using,” she said. Cannon told Harbach she would “always respect civility,” adding, “If you can’t do that, I’m sure one of your colleagues will take up the argument on this motion.”
Cannon also scolded Harbach for pointing out other gag orders against Trump but not taking them to court.
“It was not my intention to be unprofessional and I am sorry,” Harbach said in a statement apologizing to Cannon.
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