Second day of hearings begin as judge weighs Trump argument against Jack Smith appointment

The hearings began on Friday.

The second day of a hearing into whether Special Counsel Jack Smith's appointment is lawful and valid began around 10:00 a.m. on Monday.

The hearing, scheduled by U.S. District Judge Aileen Cannon for the Southern District of Florida, began on Friday.

During Monday's session, the court will hear from both the defense team for former President Trump and the government regarding the former's motion to dismiss the case in its entirety due to "unlawful funding" of Smith.

In the afternoon, arguments will be heard on the government's motion to change the conditions of Trump's release. After public statements by the former president critical of the FBI's "use of force" during the raid of his Mar-a-Lago property, Smith's team is seeking to have Trump's speech addressed in the conditions for his continued release.

The special counsel's team has pointed out the routine nature of the language Trump is referring to, also noting that it was included in the operation plan when the FBI went to President Biden's house to similarly seize classified documents.

Fox News was told the government is expected to argue Trump is distorting the situation, thereby putting law enforcement in potential danger.

Cannon, who has faced significant criticism over her actions in the case and her appointment by Trump, has denied a request to allow Trump-friendly America First Legal to present its own Amicus argument opposing the motion to change the former president's release conditions.