Morning hearing

Key things to know about the morning hearing on the special counsel's legality

From CNN's Katelyn Polantz

Judge Aileen Cannon’s two-hour hearing Monday morning for Donald Trump’s criminal case on classified documents became a close read of past special prosecutors and their funding, in the latest attempt from Trump’s team to invalidate the case against him.

Here are key things to know:

Tough questions for Justice Department: Though the judge was careful to say her questions shouldn’t imply she was leaning one way, Cannon pushed Justice Department attorney James Pearce to explain how much money the department has used for its work in the Trump criminal cases. 

The judge noted that even if the office discloses its spending publicly every six months, a financial disclosure that would encompass last fall through this March was overdue.

She also sought from prosecutors guidance on explaining the laws and regulations that governed past special prosecutors, at one point bringing up Watergate and the era of Janet Reno as attorney general.

Cannon’s questions were so pointed toward Pearce, at one point the prosecutor mentioned how other courts have been overturned if they invalidated a government function in the way Cannon was probing, and said he hoped the Justice Department could provide additional written argument to the court if invalidating Smith was a serious possibility.

Should Congress be more involved? Trump is also aiming to bring Congress into the conversation. Trump attorney Emil Bove advocated at Monday’s hearing that Cannon should insist on more congressional oversight of the special counsel’s office’s work, or decide that the way the office is funded is unlawful because, he says, the money is being used in a way Congress hadn’t authorized.

The argument is in line with other arguments the Trump team has made to the judge in recent days alleging Smith is too independent from Justice Department leadership. Bove also told the judge more congressional oversight would curb what he called “extraordinary things” that were happening in the documents case.​

Justice Department attorneys have responded in court that the special counsel operates in line with established policies, in place over several decades and administrations, and that the DOJ is committed to continuing to fund this prosecution of Trump under the attorney general’s authorization. Republicans on Capitol Hill have also tried to buckle down on the DOJ’s use of the special counsel’s office and its funding.

Delay, delay, delay: As the case proceeds, slowly, Trump’s lawyers are using every opportunity they spot in recent weeks to request additional hearings and oversight—suggesting as much to Cannon at a hearing on Friday and again on Monday morning.