From FLA courthouse: Debate over constitutionality of Jack Smith's appointment just concluded after a full day Friday and this morning.
A weedy discussion about which statutory/regulatory authority permits Smith's appointment. Judge Cannon again pressed both sides to make their case with some discussion about independence v oversight of special counsel's team as well as superior v inferior officer--DOJ claims Smith is the latter.
This clearly is another example of Congress falling down on the job (!) by not tightening up special/independent counsel regs and exercising appropriation oversight.
But IMO the most revealing part of the hearing related to funding for Smith's office.
The special counsel has not released a financial report since Sept 2023 in violation of the 6-month reporting requirements.
Cannon asked James Pearce, representing DOJ this morning, about the status of the report. Pearce said the report was completed in March 2024 but is undergoing some sort of review process.
Cannon: "We are now in June."
She drilled down--or attempted to--on what she described as the "permanent and indefinite" appropriation for Smith's office. She noted the funding is "limitless" and not subject to any cap.
Pearce came up with 2 examples (I have to go back and read) in the law that permits this sort of spigot of public funding. When Cannon suggested his vague examples might not survive the court challenge, Pearce quickly responded that DOJ would find an "alternative" funding source.
He emphatically stated that the DOJ "will fund this prosecution."
Cannon was not impressed, expressing concern at "the ease with which the DOJ can find another funding source."
(Not sure Pearce's quip helps bolster his argument that Smith's appointment and appropriations for the dual prosecutions is as cut-and-dry and the DOJ insists.)
Emil Bove, representing Donald Trump, continued to push for specific answers as to how much oversight AG Merrick Garland has over Smith. DOJ basically admitted there is some but not "day to day."
Bove argued 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."
Bove closed the hearing by asking a question related to this afternoon's hearing--Smith's proposed partial gag order on Trump banning him from making critical statements about law enforcement officials involved in the documents case and FBI raid of Mar-a-Lago.
Bove: Smith's proposal is a "truly extraordinary effort to gag [Trump] speech on the debate stage and the campaign trail."
"Did the Attorney General approve this?"
We might get a straight answer during next hearing set for 3pm. I anticipate many 🎇