Judge Cannon grills attorneys on special counsel budget

Judge Aileen Cannon spent Monday morning in Florida questioning attorneys in former President Donald Trump’s classified documents case about the funding for special counsel Jack Smith‘s office.

Cannon’s questions came during a continuation of a hearing that began on Friday in which the judge heard arguments about whether Smith was lawfully appointed to his position as special counsel.

Trump’s defense team has argued the former president’s 40 charges of retaining national defense information should be dismissed on the grounds that Smith’s appointment was both unvetted and improperly funded.

Trump attorney Emil Bove argued on Friday that unlike almost every special counsel of the last 40 years, Smith was not previously a Senate-confirmed U.S. attorney. Smith was therefore not vetted by the Senate before Attorney General Merrick Garland appointed him, Bove said.