The second day of hearings on motions in former President Trump's classified documents case in Florida concluded on Monday, addressing key issues raised by both the defense and prosecution.
One significant point of contention was Special Counsel Jack Smith's funding for the case. Trump's defense attorney argued that Smith's funding was unauthorized by statute, potentially violating the separation of powers. The defense raised concerns about the allegedly unlimited budget being utilized by the special counsel's team.
During the hearing, U.S. District Judge Aileen Cannon questioned the Department of Justice prosecutor about the legality of the appropriations available to the special counsel. The prosecutor cited examples from the U.S. Code and highlighted that similar funding mechanisms had been used for eight other special counsels.
Another aspect discussed was the proposal for a speech restriction on Trump regarding the raid on his Mar-a-Lago estate. The prosecution sought limitations on Trump's remarks, particularly concerning the FBI's actions during the operation. They argued that Trump's statements could potentially endanger law enforcement officers.
However, Trump's defense attorney contended that the proposed gag order was too vague and emphasized that Trump's comments were directed at President Biden, not law enforcement officials.
The court also addressed concerns about the public disclosure of FBI agents' names involved in the Mar-a-Lago raid. The prosecution claimed that the names had been made public, putting the agents at risk. When pressed about the source of the leak, the prosecution did not disclose the information, leading to a tense exchange with Judge Cannon.
The proceedings will continue with a sealed hearing followed by an open hearing on Tuesday, as the legal battle over the classified documents case involving former President Trump unfolds.
