In a Monday hearing, the ex-president’s legal team tried to have Special Counsel Jack Smith removed from the case, something that has been roundly rejected by other courts.
Attorneys for Donald Trump on Monday continued pushing the mendacious claim that the appointment of Special Counsel Jack Smith , who is leading the ex-president’s prosecution on federal charges of illegally retaining classified documents after leaving office, was invalid.
In a court filing furthering its attempts to get the case thrown out entirely, Trump’s team said that Smith’s budget as special counsel comes not from the DOJ budget, but from indefinite appropriations “reserved for ‘independent counsels.’” On Monday, Assistant Special Counsel James Pearce told Cannon that the DOJ has enough money in its budget to itself fund Smith’s office, and is willing to underwrite the costs of the prosecution, if need be. This, according to Bove, raises “a separation of powers issue,” echoing a prior court filing that opposed the idea of funding Trump’s prosecution “off the books.”
A second hearing is scheduled to kick off Monday at 3 p.m., when prosecutors will argue for Trump to be barred from launching inflammatory public attacks on the FBI and its agents involved in the case. Trump has gone off on unhinged rants against the FBI, which seized hundreds of highly sensitive documents removed from the White House by Trump at the end of his term, and stored haphazardly throughout Mar-a-Lago, Trump’s private club in Palm Beach that now also serves as his residence.
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