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Last Update June 24, 2024 06:41pm ET1/3

Prosecutors state their case in Trump classified documents case in Florida

Former President Trump’s legal team is back in court Monday after a hearing in which both sides argued the legality of Special Counsel Jack Smith's appointment in the classified document case against the former president. Proceedings continued well into Monday afternoon with a potential gag order against Trump.

Covered by: Anders Hagstrom, Jamie Joseph, Julia Johnson and Fox News Staff

FAST FACTS

• U.S. District Judge Aileen Cannon admonished a federal prosecutor Monday afternoon over his tone and lack of decorum inside her courtroom.

• Trump's team argued earlier in the day Monday that Special Counsel Jack Smith's appointment was improper and the case should be thrown out.

• Prosecutors are also seeking to impose a limited gag order on Trump. The former president's lawyers say such a move would violate his first amendment rights

Judge Cannon rebukes DOJ prosecutor over tone and calls for decorum

The prosecution is seeking restrictions on Trump's speech.

U.S. District Judge Aileen Cannon of the Southern District of Florida admonished Department of Justice (DOJ) prosecutor David Harbach during a hearing on Monday on potentially modifying former President Trump's release conditions to include a restriction on his speech.

A seemingly annoyed Cannon told Harbach at the day's second hearing that one of his colleagues with the prosecution could take over if he was not able to adjust his tone or act within the decorum of the court.

Her rebuke came as Harbach argued that the informal gag order was necessary ahead of the trial as Trump's claims relating to the 2022 raid of his Mar-a-Lago property have the potential to endanger law enforcement officers. He provided examples of actions from supporters of Trump after statements the former president made publicly, including an attack in Cleveland, Ohio after the search warrant was first executed.Harbach claimed that Trump should be prevented from making statements that are specific or imminent to the case.

As part of his argument, theprosecutor noted several FBI agents involved in the raid had their names made public. When Cannon asked who made those names public, he would not say, but claimed the prosecution was aware. The judge was seemingly irritated by the response, and questioned why the prosecution wouldn't come forward with that information, allowing for the person who released the names to be prosecuted.

Trump defense attorney Todd Blanche also argued during the hearing, pushing back on the request. He claimed the requested speech limitation is too vague, also saying Trump's statements are obviously attacks against President Biden and not law enforcement officials.

Second day of Florida hearing wraps in classified documents case

The second day of hearings on motions from both the defense and prosecution in former President Trump's classified documents case in Florida ended Monday evening shortly after 5:30 p.m…

https://www.foxnews.com/live-news/june-24-donald-trump-classified-documents-trial

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Two issues were considered during the day's hearings: Special Counsel Jack Smith's funding for the case and its legality and a potential added provision to Trump's release conditions to limit some of his speech regarding the raid of his Mar-a-Lago estate.

U.S. District Judge Aileen Cannon questioned Department of Justice prosecutor James Pearce about his argument that there are indefinite appropriations legally made available to the special counsel. Cannon prodded him over the "limitless appropriations,"to which he provided several examples of similar instances in the U.S. Code. Pearce also noted that eight other special counsels were funded in the same manner, potentially hinting that her ruling could have far-reaching implications in other matters.

Later in the day, the court heard arguments both for and against what amounts to an informal and limited gag order on Trump as a modification to his release conditions.

DOJ prosecutor David Harbach was rebuked by Cannon for his tone, and warned to act within the court's decorum. He argued that the speech restriction on Trump was necessary because of the connection between the former president's statements and the actions of some supporters. He also claimed that the names of FBI agents involved in the Mar-a-Lago raid had been made public, putting them in danger.

Court resumes Tuesday morning with a sealed hearing at 11 a.m. and an open hearing at 1 p.m.

Second hearing in Trump's classified documents case begins

The second hearing in former President Donald Trump's classified documents case began Monday afternoon and will focus on a request from Smith's team to U.S. District Judge Aileen Cannon of the Southern District of Florida to alter Trump's release conditions.

The prosecution aims to impose speech restrictions on the former president following his remarks regarding the FBI's raid on his Mar-a-Lago property. Trump's description of the raid, including statements suggesting the FBI was "locked and loaded and ready to take me out," led Smith's counsel to allege it could put law enforcement in danger.

U.S. Special Counsel Jack Smith is in attendance at the courthouse in Florida for the Monday hearing into motions regarding his appointment to former President Trump's classified documents case.

Monday's first hearing ended around 11:45 a.m. and featured an appearance from Smith and arguments from former President Trump's defense attorney Emil Bove.

The court considered a motion from Trump's defense team to dismiss the classified documents case entirely due to what they claimed is "unlawful funding" of the appointed special counsel. Bove contended that the funds utilized by Smith's team lack statutory authorization, presenting a separation of powers concern due to the special counsel's purported ability to access an unlimited budget for prosecuting Trump.

Prosecutors push for limited gag order on Trump in documents caseFormer Deputy Assistant Attorney General Tom Dupree says the FBI released a statement saying that the language used in the search warrant for former President Donald Trump's Mar-a-Lago property in 2022 was standard protocol, Fox News' Jeff Paul reported Monday.

https://www.foxnews.com/live-news/june-24-donald-trump-classified-documents-trial

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"Very similar, if not identical language appeared in the search warrant that the FBI executed when they looked into President Biden's home in Delaware," Dupree said on America Reports. "So I do not think it is accurate to suggest that the FBI came to Mar a Lago with the intent to assassinate President Trump. I don't think that is accurate."

Trump previously said in a fundraising email that the FBI "came locked and loaded and ready to take me out," which prosecutors cite as potentially causing harm to law enforcement personnel.

The second part of the hearing is scheduled to begin Monday afternoon, which will pertain to Jack Smith's counsel seeking a modification of the terms on Trump's release to include speech restrictions.

Trump speech restriction in classified documents case would join two existing gag orders

An informal gag order being considered during a second Monday hearing in the classified documents case against former President Trump would join several other such restrictions in his separate criminal cases if implemented.

The hearing, beginning at 3:00 p.m., will feature arguments into whether Trump's conditions of release should be modified and expanded to some of his speech. Special Counsel Jack Smith's team made the motion to prevent the former president from making remarks about the FBI's raid at his Mar-a-Lago property, specifically regarding the authorized use of force.

The prosecution has pointed to language claiming the FBI agents were "locked and loaded and ready to take me out," suggesting the potential of it to endanger law enforcement officers. They have noted that the authorized use of force is routine and is the same that was authorized for a similar seizure of classified documents at President Biden's home.

If U.S. District Judge Aileen Cannon for the Southern District of Florida were to rule in favor of Smith's team and implement such a restriction as part of Trump's release conditions, the former president would be under some level of speech limitation in all of his four criminal cases.

Trump faces a formal gag order in his Manhattan trial, wherein he was found guilty of 34 counts of falsifying business records last month. This gag order remains in place ahead of his sentencing next month. Additionally, a formal gag order was imposed on Trump last year in his federal election interference case, handed down by Judge Tanya Chutkan. The order restricts Trump from publicly commenting on and targeting prosecutors, court employees, or any potential witnesses.

In his Georgia election interference case, Trump does not have a formal gag order. He is prevented from communicating with any witnesses or co-defendants about the case as outlined in his bond agreement. He is also restricted from making any direct or indirect threats against co-defendants, witnesses, the community, or victims, which extends to his social media.

https://www.foxnews.com/live-news/june-24-donald-trump-classified-documents-trial

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