Jack Smith in court for Monday hearing on 'unlawful funding' and Trump release conditions

Smith was in attendance at the courthouse on Monday.

U.S. Special Counsel Jack Smith is in attendance at the courthouse in Florida for the Monday hearing into motions regarding his appointment to former President Trump's classified documents case.

Fox News was told the special counsel, appointed by Attorney General Merrick Garland in 2022, hasn't spoken. Smith is sitting behind the prosecution, not at its table, but also not in the gallery.

Smith was present as Trump defense attorney Emil Bove argued that the money being used by the special counsel's team should not have been accessible to him.

U.S. District Judge Aileen Cannon for the Southern District of Florida questioned Bove over the defense's standing in the argument, to which he replied Trump's stake in the matter is due to the threat to liberty posed by a potential conviction of the former president.

She further probed the argument, asking whether the issue is because the funding isn't authorized by statute. Bove confirmed her suggestion.

Part of the issue taken by Trump's defense is the special counsel's funding operating without a cap. Bove claimed its a problem of separation of powers that Smith and his team are using what amounts to an infinite budget to prosecute Trump.