An attorney defending Donald Trump against accusations of illegally retaining classified documents at Mar-a-Lago argued Monday that the criminal indictment against the former president should be dismissed, claiming the case is unlawfully funded.

Trump Mar-a-Lago Case Is Unlawfully Funded : Funding Violation Claims

During a hearing in Fort Pierce, Florida, Trump attorney Emil Bove of Blanche Law contended that the indictment should be tossed, arguing that the funding of Special Counsel Jack Smith's investigation and prosecution violates the appropriations clause of the Constitution. Bove told U.S. District Judge Aileen Cannon that the case against Trump is not lawfully funded, a claim central to their argument for dismissal.

Bove first made this argument on Friday, stating that U.S. Attorney General Merrick Garland lacked the authority to appoint an independent counsel to prosecute Trump. He asserted that Smith cannot act as a "principal officer" without DOJ oversight, saying, "There's no check on the scope of what's going on here. More oversight from Congress is required for the extraordinary things that are happening in this case."

Trump Mar-a-Lago Case Is Unlawfully Funded : Indictment Details

Trump faces multiple counts of illegally retaining and concealing classified documents at Mar-a-Lago, as charged in a June 2023 indictment. His personal aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira were also charged, with a July 2023 superseding indictment adding conspiracy to obstruct justice charges against them. All three defendants have pleaded not guilty.

Legal Arguments on Funding

At Monday's hearing, Bove argued that Smith could only serve as an independent counsel and draw funds under the expired Independent Counsel Act of 1999. He sought injunctive relief, claiming an "imminent threat of liberty restraint" for Trump and asserting there is no "valid appropriation" by Congress to fund the case. This, he said, violates the appropriations clause and creates a separation of powers issue.

Government's Response

James I. Pearce of the Special Counsel's Office countered Bove's arguments, stating that statutory law authorizes "limitless appropriation" for independent prosecutors, including Smith's team. Pearce referenced the U.S. Supreme Court's decision in Consumer Financial Protection Bureau v. Community Financial Services, arguing it does not support Trump's claim of unlawful funding. Pearce emphasized that the DOJ can fund the Special Counsel through congressional appropriations and cited the independence of other special prosecutors, such as those investigating Hunter Biden.

Trump Mar-a-Lago Case Is Unlawfully Funded : Judge's Inquiry

Judge Cannon asked Pearce to clarify why Trump's argument did not constitute a constitutional challenge to Smith's prosecution. Pearce responded, "Statutes make it statutory."

Legal Representation

The government is represented by James I. Pearce, Jay Bratt, David Harbach, and Jack Smith of the Special Counsel's Office. Trump's defense team includes Chris Kise of Continental PLLC, and Emil Bove, Stephen Weiss, and Todd Blanche of Blanche Law. Nauta is represented by Sasha Dadan of Dadan Law Firm PLLC and Stanley Woodward of Brand Woodward Law LP. De Oliveira is represented by Larry Murrell of Murrell PA and John Irving of E&W Law.