In a continuation of former President Donald Trump's classified documents case, a judge has pressed government attorneys to provide more information about the funding of special counsel Jack Smith's investigation. U.S. District Judge Aileen Cannon expressed concerns over the funding, citing a "separation of powers concern" during a two-hour hearing on Monday morning.

During the hearing, defense attorneys sought to have the documents case dismissed on the grounds that Smith was unlawfully appointed as special counsel. Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House. Prosecutors accuse Trump of refusing to return hundreds of documents containing classified information and obstructing the government's efforts to retrieve them. Trump has consistently denied these charges and labeled the investigation as a political witch hunt.

Defense lawyer Emil Bove argued on Monday that the funding of the special counsel's office was unconstitutional due to a "permanent indefinite appropriation" that operates outside the regular budget process. Judge Cannon questioned if there was any cap on the funding, to which Bove responded that there was not, expressing concerns over the lack of checks on the scope of the investigation.

Special counsel Jack Smith was present in the courtroom, occasionally jotting down notes during the argument. He did not attend Friday's hearing. While Judge Cannon appeared skeptical of the defense's argument at times, she probed assistant special counsel James Pearce about the office's budget. Cannon expressed worries about the unlimited funding, stating that it raises separation of powers concerns.

Pearce pushed back against the defense's argument, highlighting that the last eight special counsels operated under the same funding process as Smith's. He assured the court of the Department of Justice's commitment to funding Smith's case through the DOJ budget if necessary, claiming that the change in funding source would have no effect on the case.

However, Bove countered that if the Department of Justice were to fund the special counsel, it would lead to a strong political response, including potential congressional action and additional motions from the defense counsel. Bove argued that this would not resolve the motion at hand.

Judge Cannon appeared to backtrack on some of her previous comments during the hearing, clarifying that she was only trying to cover the scope of the briefings and was not indicating anything definitive. Later in the day, she is set to hear arguments about imposing a gag order on Trump to prevent statements that may endanger law enforcement.

Defense lawyer Emil Bove previewed his argument against the proposed gag order, describing it as an "extraordinary effort" to suppress Trump's ability to speak during debates and on the campaign trail.

As the case progresses, the focus on funding and potential gag orders adds new dimensions to Trump's ongoing legal battles surrounding classified documents. The judge's scrutiny over the funding source and the defense's constitutional arguments could have implications for the future of the special counsel's office.