Donald Trump's lawyers are in a Florida courtroom Monday as they continue to battle against special counsel Jack Smith in the documents theft case.
Among the claims by Trump lawyer Emil Bove is that Smith has no real authority over the case because he wasn't confirmed by Congress. It's a similar argument that was played out in Richard Nixon's case and in Robert Mueller's appointment in the Russia probe.
The question Florida Judge Aileen Cannon is considering is about funding for the special counsel's office — which comes from the Department of Justice.
"Trump’s overarching effort to declare Smith unconstitutionally appointed remains a longshot," Just Security fellow Adam Klasfeld wrote after the morning session. "But Cannon made a blockbuster remark on Monday suggesting that the 'limitless' funding of the special counsel’s office implicates serious separation of powers concerns for her."
Summing up the morning debates, MSNBC's Katie Phang pointed out that Trump's team is attempting to change the laws governing the special counsel.
Bove attacked the Justice Department's argument about how the special counsel is funded — and said Congress should give a "political response" if the DOJ continued to use money to fund prosecution of the Republican presidential nominee.
"We need more oversight from Congress for the extraordinary and unprecedented things going on here," Phang posted on X, paraphrasing Bove. Congress currently has a Republican majority.
"More is required here, given what is at stake. The DOJ's position is disrespectful and unacceptable."
He then criticized a gag order request which was on the agenda to be debated on Monday afternoon.
Trump's team argues that the special counsel asked for a gag order because the first presidential debate is scheduled for Thursday, and they demanded to know whether Attorney General Merrick Garland authorized the filing of the motion.
Monday was the second of three days in which Cannon will hear arguments in the classified documents case.
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