I am not a lawyer. I'm not lawyer adjacent in any way but reading this even I went "What?" a couple of times.
Katie Phang
@KatiePhang
Special Counsel, Jack Smith, was present today in court today. He sat behind counsel's table. Arguing on behalf of the DOJ today was James Pearce. Arguing on behalf of Donald Trump was Emil Bove (Todd Blanche was also present). Counsel for Co-Defendants, Carlos De Oliveira and Walt Nauta, were also present. No defendants were present.
Bove: SCO (Special Counsel's Office) should not have access to the “permanent, indefinite appropriations” on which it is currently relying as a funding source.
Bove: The SCO was not properly established by “other law” (similar to the arguments that the defense used on Friday) and that the “independent counsel” that Congress authorized to use the permanent, indefinite appropriations are different than special counsel.
Cannon: What's your cognizable injury that results from SCO accessing the funding?
Bove: The imminent threat of liberty restraint to Donald Trump resulting from the continuing prosecution or a conviction.
Cannon: The payment of money has to be authorized by statute, but it isn't here, right?
Bove: Correct.
Cannon: Is there any cap to the funding?
Bove: No, which is why you have to be wary about who can access the money...There is a separation of powers problem to fund these 2 separate investigations, especially with no check on the scope of what's going on.
Bove: The government contradicted itself between its arguments Friday and today, saying on Friday that the prosecution emphasized the regulations to which the special counsel is subject to minimize its independence, while today saying that the special counsel needs to argue for its independence to qualify for the permanent, indefinite appropriations.
Cannon: You’ve argued that the Special Counsel is taking inconsistent opinions, but aren't you doing the same thing, just flip-flopped?
Bove: The defense's main argument is the “other law,” meaning there is no such other law authorizing the special counsel to be appointed, and the issue of the lack of sufficient oversight/the special counsel’s independence is an alternative argument.
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Katie Phang
@KatiePhang
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1h
Bove: SCO (Special Counsel's Office) should not have access to the “permanent, indefinite appropriations” on which it is currently relying as a funding source.
Bove: The SCO was not properly established by “other law” (similar to the arguments that the defense used on Friday)
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Katie Phang
@KatiePhang
·
1h
Cannon: What's your cognizable injury that results from SCO accessing the funding?
Bove: The imminent threat of liberty restraint to Donald Trump resulting from the continuing prosecution or a conviction.
Katie Phang
@KatiePhang
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1h
Cannon: The payment of money has to be authorized by statute, but it isn't here, right?
Bove: Correct.
Cannon: Is there any cap to the funding?
Bove: No, which is why you have to be wary about who can access the money...There is a separation of powers problem to fund these 2
Show more
Katie Phang
@KatiePhang
·
1h
Bove: The government contradicted itself between its arguments Friday and today, saying on Friday that the prosecution emphasized the regulations to which the special counsel is subject to minimize its independence, while today saying that the special counsel needs to argue for
Show more
Katie Phang
@KatiePhang
Cannon: You’ve argued that the Special Counsel is taking inconsistent opinions, but aren't you doing the same thing, just flip-flopped?
Bove: The defense's main argument is the “other law,” meaning there is no such other law authorizing the special counsel to be appointed, and the issue of the lack of sufficient oversight/the special counsel’s independence is an alternative argument.
12:58 PM · Jun 24, 2024
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StrictlyChristo


@StrictlyChristo
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23m
The Special Counsel law has been in existence for 50 years and nobody has tried to make frivolous arguments that it was not Constitutional before. We know that partisans in the House will try to undercut its funding, that's why it has to have its own unlimited funding.
Next up was James Pearce, on behalf of the Special Counsel's Office.
Pearce: Special Counsel is independent counsel that can access Congressionally-enacted permanent, indefinite funding.
Cannon: So it's limitless appropriations?
Pearce: Yes, consistent with the idea of "permanent, indefinite appropriations."
Cannon: Can you provide some examples of limitless appropriations?
Pearce: Yes, I can think of two. And it means that they are not limited by time or by amount.
Cannon then started to ask Pearce about the Special Counsel's website that showed the latest expenditure report. She even drilled down on specific line items, including the total amount of expenditures for November 2022-March 2023.
Cannon: Is it $5.4 million or really $9 million?
Pearce: I'm not sure, but we can supplement w/the Court.
Cannon: That would be helpful because these are public documents.
Pearce: I understand, but your Honor, there is no case where any court has suggested that the total amount of expenditures is relevant.
Cannon: But when it's limitless, there is a separation of powers concern...
Pearce: In fact the caselaw says only to focus on the source [of funding] and the purpose [of the funding].
Cannon: Don't interrupt me.
Cannon: What about other funding sources?
Pearce: The DOJ has over a billion dollars that can be used as appropriations to fund the Special Counsel's Office.
Cannon: What happens to prior expenditures (in the event the court rules that SCO isn't allowed to use this funding)?
Pearce: SCOTUS says that you don't look to undo acts that have already happened. So there is no change or effect at all retrospectively.
Pearce: There is “sufficient independence” and the special counsel “strikes that balance of independence and accountability.” Pearce furthers that the special counsel can and should be able to operate outside of the DOJ.
Cannon: Are there any examples that you can think of when an Attorney General rescinds or modifies order of appointment of SC?
Pearce: I can't think of any examples where regulations were rescinded midstream, other than perhaps the Saturday Night Massacre.
Cannon: So this idea of rescission is illusory?
Pearce: That is not in the least correct.
Pearce: So it's not really a question of whether the rescission happened or not, it's how is the power structured.
Cannon: Janet Reno said it's too much political pressure to yank a special prosecutor.
Pearce: There is a presumption of regularity. As far as our SC are concerned, SC have complied with specific framework, complying with DOJ policies, etc.
Pearce: The test of what makes someone a "principal officer" is not whether they are President-nominated and Senate-confirmed.
Ann BlackBird

@AnnBlackBird1
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32m
Congress can’t defund Jack Smith So now they are looking to Cannon
Interesting
Cannon: What is your substantiation for your argument that there is alternate funding available to the SCO?
Pearce: I can represent that there is the full commitment of the DOJ to fund the Special Counsel in this prosecution.
Finally, Bove gets up for a brief rebuttal.
Bove: There is a problem with the DOJ's alternate source of funding argument. This just highlights the separation of powers problem. DOJ shouldn't be able to say that it has the money to use if the Court rules against the DOJ on the appropriations issue.
Bove: If the DOJ uses that money, then there would be a "political response" from Congress and likely another motion from us and the co-defendants.
Bove: We need more oversight from Congress for the extraordinary and unprecedented things going on here. More is required here given what is at stake. The DOJ's position is disrespectful and unacceptable.
Bove: And this gag order motion this afternoon. They want to gag Trump on the campaign trail and before a presidential debate. Did the AG authorize the filing of this motion?
StrictlyChristo


@StrictlyChristo
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28m
They are making frivolous, semantic arguments to a sympathetic judge. A normal judge would not entertain this nonsense. Cannon is in the tank for Trump.
Ava
@Annie1But
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25m
Her MO: accepting one frivolous motion after another for which she indulges 45 with ‘hearings’, & then takes her own sweet time to rule on anything.
Aside from her endless prevarication, she’s wary about ruling because she’s very much aware of the 11th Circuit’s close scrutiny.