Former President Trump's legal team returned to court on Monday following a hearing on Friday regarding the legality of Special Counsel Jack Smith's appointment in the classified document case against the former president. The ongoing hearing will delve into matters concerning Smith's appointment and a proposed limited gag order aimed at preventing Trump from making comments that could jeopardize the safety of FBI agents and other law enforcement officials involved in the case.
Trump's lawyers have argued that any speech restrictions would violate his free speech rights. The prosecution's request for a gag order was initially rejected on technical grounds by U.S. District Judge Aileen Cannon, who stated that Smith's team had not adequately consulted with defense lawyers before seeking such restrictions. However, prosecutors have since renewed their request.
During Friday's hearing, Trump's attorney Emil Bove raised concerns about the potential establishment of a 'shadow government' through the appointment of special counsels for specific criminal cases, emphasizing the risks involved in empowering unconfirmed officers with significant authority.
Prosecutors defended Smith's appointment, asserting that it was in compliance with all relevant department policies. Judge Cannon did not reach a decision on Friday and is expected to issue a written order on the matter in the near future.
In the upcoming hearing on Tuesday, Trump's legal team plans to challenge the legality of the search conducted at Trump's Mar-a-Lago residence in Florida, which led to the discovery of classified documents. They will argue that the search was unlawful and that any evidence obtained should be excluded. Additionally, they will contend that the search could have been conducted with Trump's consent in a less formal manner.
Trump is facing multiple felony charges resulting from Smith's investigation into his possession of classified materials. He has pleaded not guilty to all 37 felony counts, including allegations of willful retention of national defense information, conspiracy to obstruct justice, and making false statements. Furthermore, Trump has been charged with three additional counts in a superseding indictment, including another charge of willful retention of national defense information and two obstruction counts.
