A top prosecutor who took on some of the country’s most important political corruption cases has dramatically apologized to Trump-appointed Judge Aileen Cannon as Jack Smith’s team fought over a proposed gag order.
David Harbach, who led cases against former North Carolina Sen. John Edwards and former Virginia Gov. Bob McDonnell, made the stunning statement Monday in Cannon’s courtroom, in a case in which Trump critics complain she has repeatedly ruled against the administration .
“I just want to apologize for earlier,” Harbach said after a contentious exchange in court. “I didn’t mean to be unprofessional. Sorry about that.”
It came after he appeared to respond to questions from Cannon, a U.S. district judge in Florida, in response to her questions about the prosecutor’s claims of threats to law enforcement personnel and Trump’s language about the FBI contributing to the request. government to change its terms. of release.
“I don’t appreciate your tone,” the judge said snapped on a certain moment. The judge told him she would “appreciate decorum at all times” and then warned, “If you are unable to do so, I am sure one of your colleagues can argue this motion.”
Judge Aileen Cannon questioned prosecutors and Donald Trump’s lawyers about Trump’s efforts to force Special Counsel Jack Smith out of the secret documents case
The Harvard Law-educated prosecutor once worked for former FBI director James Comey, a longtime target for Trump.
Prosecutors want to change Trump’s release conditions to ban public attacks on law enforcement.
It comes after Trump accused the FBI of planning his assassination based on documents detailing the use of force protocols during the Mar-a-Lago raid, which unearthed documents marked as classified at his Florida home.
“Joe Biden’s corrupt DOJ authorized the FBI to use lethal (deadly) force during their illegal and unconstitutional raid on Mar-a-Lago. NOW WE KNOW FOR CERTAIN THAT JOE BIDEN IS A SERIOUS THREAT TO DEMOCRACY. HE IS MENTALLY UNFIT TO BE A OFFICIAL – 25TH AMENDMENT!” Trump posted.
Prosecutors cited the threat to law enforcement from people who might be inspired to carry out physical attacks, prompting Cannon to question a connection.
The clash came as Cannon heard more challenges Monday to special counsel Jack Smith’s authority — this time asking whether there was a limit on the congressional funding supporting his office.
The Trump-appointed judge made the comment during a hearing in her courtroom in Fort Pierce, Florida, as Trump’s attorney argued that Smith’s funding violates congressional appropriations rules.
It’s one of several challenges Trump’s team has made to the prosecutor leading the case against him over classified documents. (Smith is also presiding over the January 6 case in Washington, DC, which has been put on hold while the Supreme Court reviews Trump’s immunity claims.)
The judge’s comment came during a hearing where Trump attorney Emil Bove argued that Smith’s funding violated laws governing funding from the start.
“Is there a limit to funding?” Kanon asked him.
“There is no control over the magnitude of what is going on here,” Bove responded.
She also called the amounts the Justice Department spent on special prosecutors “significant.”
Speaking for Smith’s office, Assistant Special Counsel James Pearce said it is the DOJ’s “full commitment” that the special counsel’s office has the funding to pursue the prosecution.
Cannon asked Pearce that clarify if the budget for the case so far was $9 million.
“But if it’s borderless, there’s a separation of powers,” Cannon said.
Pearce said DOJ had $1 billion at its disposal even if the current funding stream were to change.
Prosecutors and defense attorneys were back in court after facing off Friday in Cannon’s courtroom, questioning defense attorneys and asking them to explain an “ominous” argument after challenging Smith’s nomination.
Bove said the law was applied in a way to give AG Merrick Garland “the power to appoint a shadow government.”
Cannon’s willingness to give Trump lawyers time to argue their claims in open court, while also hearing “amicus” arguments from outside parties, has drawn outside criticism that she is allowing Trump’s team to to delay the matter.
The government has allowed the use of special counsel in one form or another for more than a hundred years, and Hunter Biden’s lawyers failed in a similar effort against special counsel David Weiss’ use of the authority.
Critics accuse Cannon of repeatedly ruling in Trump’s favor and making statements that show inexperience in a complex case involving classified documents
Trump’s team argued that the appointment of special counsel Jack Smith was unconstitutional. On Monday, they argued that his financing violated credit statutes
Palm Beach County Attorney David Aronberg, a Democrat, called it “mind-boggling.”
Cannon postponed a May trial date and has not scheduled another, increasing the likelihood that Trump will not stand trial in his classified documents case before the November election.
He will also hear arguments in her courtroom on Monday over Smith’s renewed request for a gag order after Trump accused FBI agents of plotting to kill him based on a stock passage from a document detailing preparations for a search of Mar’s home. -a-Lago.
Trump has called jokes about his speech unconstitutional in other cases. U.S. District Judge Tanya Chutkan imposed a silence order in the D.C. case, and New York’s Jude Juan Merchan imposed one in the hush money trial of Stormy Daniels.