US v Trump: Second day of Florida hearing wraps in classified documents case

The second day of hearings on motions from both the defense and prosecution in former President Trump’s classified documents case in Florida ended Monday shortly after 5:30 p.m.

Two issues were considered during the day’s hearings: Special Counsel Jack Smith’s funding for the case and its legality, and a potential added provision to Trump’s release conditions to limit some of his speech regarding the raid of his Mar-a-Lago estate. 

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In a hearing that began at 10 a.m. and ran for roughly an hour and 45 minutes, Trump’s defense attorney, Emil Bove, argued that Smith was being “unlawfully funded.” He claimed the funding being used by Smith’s team isn’t authorized by statute, ultimately posing a separation of powers issue. As it stands, the special counsel is operating on an allegedly infinite budget in its effort to convict the former president. 

Notably, Smith was present for the Monday hearing, sitting behind where the prosecution was seated but not quite in the gallery of the courtroom. 

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Smith was present in court on Monday. (Al Drago/Bloomberg via Getty Images)

U.S. District Judge Aileen Cannon for the Southern District of Florida questioned Department of Justice (DOJ) prosecutor James Pearce about his argument that there are indefinite appropriations legally made available to the special counsel. Cannon prodded him over the “limitless appropriations,” to which he provided several examples of similar instances in the U.S. Code. Pearce also noted that eight other special counsels were funded in the same manner, potentially hinting that her ruling could have far-reaching implications in other matters. 

Cannon further probed some of the budget reports regarding the prosecution, showing that nearly $9 million was spent on the case by the special counsel’s office and the DOJ in a matter of months between November 2022 and March 2023. 

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Cannon questioned both sides during the hearings. (REUTERS)

Pearce made a separate argument that even if the funds are determined to be unlawful, that should not warrant the case being dismissed, as Trump’s defense has pushed for. 

Later in the day, the court heard arguments…