Judge Aileen Cannon held an early Monday hearing to assess the constitutionality of Special Counsel Jack Smith’s appointment.
Judge Cannon questioned James Pearce, the prosecutor for Jack Smith, about funding for the special counsel, oversight of the team, and whether Jack Smith holds a higher or lower rank as an officer.
The Justice Department claims Jack Smith is an inferior officer who answers to US Attorney General Merrick Garland.
The special counsel has not released a financial report since September 2023 which is a violation of the 6-month reporting requirement, investigative reporter Julie Kelly said.
Jack Smith’s team of Democratic prosecutors is significantly larger than Robert Mueller’s team, and there is almost no oversight.
Judge Cannon grilled Jack Smith’s prosecutor over the limitless funding of the special counsel’s operation.
Trump’s lawyer Emil Bove argued that Jack Smith’s operation requires “interaction between Congress” but it is “nonexistent.”
“There is no oversight by Congress for the extraordinary and unprecedented things that are happening in this case,” Emil Bove said.
“When it’s limitless, I think there is a separation of powers concern,” Cannon said to James Pearce.
As reported by ABC News:
Defense lawyer Emil Bove argued Monday that the funding of the special counsel’s office was unconstitutional because it relies on a “permanent indefinite appropriation” that is outside of the normal budget process.
“Is there any cap to the funding?” Judge Cannon asked.
“No, and I think that is part of the reason … to be very wary of who can access it and why,” Bove said. “There is no check on the scope of what’s going on here.”
As Bove hammered at the constitutionality of the special counsel’s office, Smith himself sat just feet away in the courtroom, occasionally jotting down notes during the argument. Smith did not attend Friday’s hearing.
While Cannon appeared skeptical of Bove’s argument at times — including accusing him of doing a “flip flop” on his position about the independence of the special counsel’s office — she pressed assistant special counsel James Pearce about the office’s budget.
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