President Trump’s legal team is returning to court on Monday following a Friday hearing that centered on the legality of Special Counsel Jack Smith's appointment in the classified document case.
The hearing will continue with discussions about Smith’s appointment and a proposed limited gag order. Prosecutors have requested this order to prevent Trump from making statements that could potentially jeopardize the safety of FBI agents and other law enforcement officials involved in the case.
Trump’s legal team argues that any restrictions on his speech would violate his First Amendment rights. U.S. District Judge Aileen Cannon initially rejected the prosecution’s request for a gag order on technical grounds, stating that Smith’s team had not sufficiently consulted with defense attorneys before seeking the restrictions. Prosecutors have since renewed their request.
During Friday’s proceedings, Judge Cannon listened to extensive arguments from both sides. Trump’s attorney, Emil Bove, contended that the Justice Department could be creating a “shadow government” by appointing special counsels to handle certain criminal cases. Bove emphasized the risks of empowering officers not confirmed by the Senate.
Prosecutors, however, defended Smith’s appointment as proper and routine. James Pearce, representing Smith’s team, claimed they had adhered to all departmental policies.
Judge Cannon did not reach a decision on Friday and is expected to issue a written order in the coming days.
On Tuesday, Trump's legal team is set to argue that the search of Trump's Mar-a-Lago home in Palm Beach, Florida, on August 8, 2022, was illegal. They will seek to have all evidence obtained during the search dismissed, arguing that the search could have been conducted informally with Trump’s consent.
Trump is facing charges related to Smith’s investigation into his handling of classified materials. He has pleaded not guilty to all 37 felony counts, which include willful retention of national defense information, conspiracy to obstruct justice, and making false statements.
