Posted on 06/24/2024 3:54:55 PM PDT by Libloather
During a two-hour hearing Monday morning, the judge overseeing former President Donald Trump's classified documents case pressed government attorneys to provide more information about the funding of special counsel Jack Smith's investigation, at one point remarking that the funding presents a "separation of powers concern."
The hearing, conducted by U.S. District Judge Aileen Cannon, was a continuation of Friday's hearing in which defense attorneys sought to have the documents case dismissed on the grounds that Smith was unlawfully appointed as special counsel.
Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government's efforts to get the documents back. Trump has denied all charges and denounced the probe as a political witch hunt.
Defense lawyer Emil Bove argued Monday that the funding of the special counsel's office was unconstitutional because it relies on a "permanent indefinite appropriation" that is outside of the normal budget process.
"Is there any cap to the funding?" Judge Cannon asked.
"No, and I think that is part of the reason ... to be very wary of who can access it and why," Bove said. "There is no check on the scope of what's going on here."
As Bove hammered at the constitutionality of the special counsel's office, Smith himself sat just feet away in the courtroom, occasionally jotting down notes during the argument. Smith did not attend Friday's hearing.
While Cannon appeared skeptical of Bove's argument at times -- including accusing him of doing a "flip flop" on his position about the independence of the special counsel's office -- she pressed assistant special counsel James Pearce about the office's budget.
(Excerpt) Read more at abcnews.go.com ...
Libs are saying that the judge is biased. They have no respect for the law.
They need to issue a gag order on Jack Smith. Look at all the threats the judge is receiving.
If the prosecutor has no standing will the case the thrown out and let the justice department start over? What about evidence gathered?
Funny how they have plenty of respect for Merchan
This is one of a dozen problems with the SC appoinment, but the others [and bigger issues] are ignored by the MSM.
Julie Kelly has a better take on it. Jack Smith has spent over $7 million in six months.
This is what actually happened today via Julie Kelly who was in the court room:
Julie Kelly 🇺🇸
@julie_kelly2
From FLA courthouse: Gag order hearing just ended. Will have details shortly.
Overall, the bad behavior by Jack Smith’s team continues. David Harbach, one of the lead prosecutors, almost got himself tossed out of court this afternoon.
After several minutes of Harbach’s condescending tone—uptalking and slowly speaking as if he were addressing a child—Judge Cannon had had enough.
Cannon: “Mr. Harbach, I don’t appreciate your tone. I expect decorum in my courtroom at all times. If you cannot [act appropriately], one of your colleagues can.”
{Keep in mind there are no electronic devices allowed so I must rely on my scribbled notes but this is very close to what was said.)
He only got marginally better. At the end of his exchange with Cannon, he apologized to her. “I didn’t mean to be unprofessional.”
Ah but he did. He is not just demeaning to her, it’s almost like he’s tempting her to excuse him from the proceedings.
Keep in mind, during the last hearing, Cannon had to ask Harbach to “just calm down” as he was pounding on the podium and have a temper tantrum.
Heads will roll.
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