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Trump's attorneys argue 'unlawful funding' of special counsel in classified docs case — Jack Smith seeks gag order
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Trump's attorneys argue 'unlawful funding' of special counsel in classified docs case — Jack Smith seeks gag order

Judge Cannon reprimands prosecutor for lack of 'decorum.'

United States District Judge Aileen Cannon for the Southern District of Florida heard arguments on Monday from former President Donald Trump's legal team regarding U.S. Special Counsel Jack Smith's appointment to the classified documents case.

During the hearing, Trump's attorney Emil Bove accused the special counsel of "unlawful funding" of Smith, Fox News Digital reported. Additionally, the defense claimed that the special counsel effectively has an infinite budget to prosecute Trump.

'I don’t appreciate your tone.'

Cannon considered a motion on Monday from Trump's team to dismiss the case. Bove claimed that the funding used by Smith's special counsel is not authorized by statute and poses a separation of powers issue.

Former Assistant U.S. Attorney Andy McCarthy told Fox News that the defense's arguments that Smith was unlawfully appointed by U.S. Attorney General Merrick Garland are "very substantial."

"Attorney General Garland has said from the beginning that he doesn't supervise Jack Smith," McCarthy stated. "The whole point of appointing Smith was to try to create some distance between President Biden and the Biden administration, including the Biden Justice Department, and the prosecutions of Trump. I've always thought that was a fiction, but the fact of the matter is the Attorney General has said he's not doing the very thing that the special counsel now says he is doing, which is overseeing Smith."

The Smith team requested that Cannon modify the conditions of Trump's release by imposing a gag order against the former president. The prosecution cited Trump's comments about the Federal Bureau of Investigation's raid of Mar-a-Lago. Prosecutors argued that Trump's comments on social media could put FBI agents in danger.

One of the social media posts read, "Crooked Joe Biden's DOJ, in their Illegal and UnConstitutional Raid of Mar-a-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE."

Trump's attorney Todd Blanche noted that Trump's accusations were directed not at the FBI but at President Joe Biden.

The FBI has stated that its authorization to use force is commonly included in search warrants.

During the hearing, Cannon reprimanded prosecutor David Harbach for his tone.

“I don’t appreciate your tone,” she said. Cannon told Harbach that she would "appreciate decorum at all times," and added, "If you aren't able to do that, I'm sure one of your colleagues can take up arguing this motion."

Cannon also reprimanded Harbach for referencing other gag orders against Trump but not bringing them to court.

"I didn't mean to be unprofessional. I'm sorry about that," Harbach apologized to Cannon.

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Candace Hathaway

Candace Hathaway

Candace Hathaway is a staff writer for Blaze News.
@candace_phx →