Pre-trial hearing in Trump's classified documents underway Monday

Each side argued about the legality of Special Counsel Jack Smith's appointment in the case on Friday

Published: June 24, 2024 8:27am

Updated: June 24, 2024 12:19pm

The second day of pre-trial hearings in former President Trump's classified docs case began on Monday.

Each side argued about the legality of Special Counsel Jack Smith's appointment in the case on Friday.

Both sides debated the matter again before Judge Aileen Cannon on Monday.

Conservative attorneys have argued that Smith is not able to bring forth criminal charges against a former president as a private citizen, given that he wasn't confirmed by the Senate.

Trump's legal team has filed a motion to dismiss the case based on the argument that Smith was not legally appointed. His team is also arguing that a limited gag order would restrict his right to free speech during the 2024 presidential campaign. 

On Monday, Trump's team said Smith has received "unlawful funding" as the appointed special counsel not approved by Congress.

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