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Trump's classified docs case dismissal is a rebuke of Biden's out-of-control DOJ
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It never made sense or seemed right. With the wave of a wand, a private citizen was granted unlimited power to prosecute a former president of the United States.
In a tectonic opinion issued Monday, U.S. District Judge Aileen Cannon ruled that the appointment of special counsel Jack Smith was unconstitutional. As a consequence, she correctly dismissed the Florida criminal indictment of Donald Trump over his handling of classified documents.
Smith and the Department of Justice (DOJ) will likely file an immediate appeal to a higher court. But Cannon’s well-reasoned 93-page opinion establishes a clarifying record of sound legal judgment that will be difficult to overcome. At some point, the U.S. Supreme Court may be forced to intervene.
JUDGE DISMISSES TRUMP’S FLORIDA CLASSIFIED DOCUMENTS CASE
At the heart of the federal judge’s decision is the Appointments Clause of the Constitution which provides the exclusive means for selecting all “Officers of the United States.” They must be appointed by the president and confirmed by the senate. Smith failed both requirements.
Instead, he was anointed special counsel by Attorney General Merrick Garland on November 18, 2022, without legitimate statutory authority. His unilateral act commandeered the legislative right of Congress that animates and preserves our revered separation of powers.
Cannon concluded, “The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere —whether in this case or in another case, whether in times of heightened national need or not.” (Opinion, page 91)
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In two seminal cases, the U.S. Supreme Court emphasized that the Appointments Clause is “more than a matter of ‘etiquette or protocol’; it is among the significant structural safeguards of the constitutional scheme.” (Edmond v. United States, 520 U.S. 651; Buckley vs. Valeo, 424 U.S. 1)
In naming Smith to his almighty position, Garland relied mainly on internal regulations devised by the DOJ that deliberately circumvented Congress. Tradition and “historical practice,” he argued, justified his maneuver.
However, that was a clever misrepresentation of inconsistent history. While it is true that other special counsels have operated without specific legislative consent —Patrick Fitzgerald, Robert Mueller, John Durham, David Weiss, and Robert Hur— all of them had been presidentially appointed and Senate approved in prior positions as officers of the United States. Smith never was.
Belatedly, and in opposition to Trump’s motion to dismiss the case against him, Garland and Smith cited a handful of statutes that purported to rationalize the appointment. But Judge Cannon methodically disassembled them as wholly inapplicable to a special counsel who was given nearly unfettered authority to do as he pleases.
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What concerned Cannon was how Garland’s selection of Smith “imposed almost no supervision or direction over the special counsel and gave him broad power to render final decisions on behalf of the United States.” (Opinion, page 72)
How is it possible that an attorney general could vest in a private citizen the immense and unchecked power of a U.S. Attorney when, in fact, Smith is not and never was? His role is not to assist an approved U.S. Attorney but replace one entirely.
By evading constitutional restrictions, Garland single-handedly stripped Congress of its vital role of Senate approval. Judge Aileen Cannon remedied this mistake. In doing so, she built on the compelling contentions of two former Attorneys General, Edwin Meese and Michael Mukasey, who filed an amicus (“friend of the court”) brief. Their persuasive arguments can be seen writ large throughout the opinion.
Cannon also expressed alarm at the $12 million already spent by Smith and where exactly the money came from. The expenses were not doled out by Congress, which means that both Garland and the special counsel violated the Appropriations Clause of the Constitution in much the same way that his assignation was unlawful abuse of the Appointments Clause.
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If the decision dismissing the prosecution of Trump ever reaches the nation’s highest court, it will meet at least one justice who had already questioned the legitimacy of the special counsel. Justice Clarence Thomas expressed serious misgivings during the recent presidential immunity case. Indeed, Cannon cited it in her lengthy opinion.
Regardless, the current ruling makes it effectively impossible for Smith’s Florida classified documents case from reaching trial before the presidential election in November or even the inauguration should Trump prevail at the ballot box.
Federal Judge Aileen Cannon. (US Courts) (US Courts )
The judge did not address the merits of the indictment, which had troubling aspects of prosecutorial overreach in the stacking of charges that seemed weaker by the dozen.
Cannon’s ruling is not binding on the federal judge in Smith’s other case against Trump in Washington, D.C. over alleged election-interference. But that prosecution is already stalled by the two recent Supreme Court decisions over the immunity issue and the improper use of an obstruction statute.
Nevertheless, Justice Thomas’ observation that Smith is acting without authority may breathe new life into Trump’s long-term defense in the January 6th case against him.
The erosion of Jack Smith’s misbegotten prosecutions represents an important course correction in the increasingly abusive tactics employed by President Joe Biden’s Justice Department and his sycophantic attorney general. These cases, as well as those brought by local district attorneys in New York and Georgia, were always politically driven and legally anemic persecutions designed to delegitimize Trump’s electoral chances.
They have boomeranged spectacularly.
It is a reminder of what the English philosopher and jurist, Jeremy Bentham, once said, “It is never the law itself that is in the wrong; it is always some wicked interpreter of the law that has corrupted and abused it.”
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President Donald Trump is asking the office of Fulton County District Attorney Fani Willis to reimburse him more than $6.2 million in attorney fees and costs in the wake of the recently dismissed 2020 election interference case she brought against him.
The development comes after Willis was permanently sidelined from prosecuting the case against Trump last September. She had lost an appeal after the Georgia Court of Appeals said Willis and her office could not continue to prosecute the case, citing an “appearance of impropriety” stemming from her romantic relationship with special prosecutor Nathan Wade. The case was then dismissed in November.
Georgia state legislators last year passed a law that says that if a prosecutor is disqualified from a case because of his or her own improper conduct and the case is then dismissed, anyone charged in that case is entitled to request “all reasonable attorney’s fees and costs incurred” in their defense. The judge overseeing the case then is responsible for reviewing the request and awarding the fees and costs, which are to be paid from the budget of the prosecutor’s office.
“In accordance with Georgia law, President Trump has moved the Court to award reasonable attorney fees and costs incurred in his defense of the politically motivated, and now rightfully dismissed, case brought by disqualified DA Fani Willis,” Steve Sadow, Trump’s lead attorney in Georgia, said in a statement.
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President Donald Trump and Fulton County District Attorney Fani Willis. (Anna Moneymaker/Getty Images; Alex Slitz-Pool/Getty Images)
A motion filed Wednesday said, “President Trump prays that this Court award attorney fees and costs for the defense of President Trump in the amount of $6,261,613,08.”
Willis’ indictment had accused Trump of pressuring officials to overturn the 2020 vote in Georgia, organizing “fake electors” and harassing election workers.
A Fulton County grand jury indicted Trump and 18 others in August 2023, and Trump surrendered at the Fulton County Jail on Aug. 24.
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Special prosecutor Nathan Wade and Fani Willis, the district attorney for Fulton County (Getty Images)
Last month, when another person charged in the case made a similar filing, Willis’ office filed a motion asking to be heard on the matter of any claims for fees and costs filed in the case, according to The Associated Press.
Willis’ motion raised concerns about the law passed last year that allowed Trump and others to seek to have their expenses paid.
“The statute raises grave separation-of-powers concerns by purporting to impose financial liability on a constitutional officer, twice elected by the citizens of Fulton County, for the lawful exercise of her core duties under the Georgia Constitution,” her motion said.
Donald Trump’s booking photo provided by the Fulton County Sheriff’s Office after he surrendered on charges of plotting to overturn the 2020 election. (Fulton County Sheriff’s Office via AP)
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Her motion also added that the law violates due process by “retroactively imposing a novel fee-shifting scheme” that creates a substantial burden for the county’s taxpayers without any recourse.
Fox News Digital’s Michael Dorgan and The Associated Press contributed to this report.
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The third time won’t be the charm for Stacey Abrams, at least in 2026.
The two-time Democratic gubernatorial nominee in battleground Georgia is ruling out another run for governor this year, saying that instead she’ll focus on her work fighting what she warns is the nation’s move toward authoritarianism under President Donald Trump.
“Americans are in pain but they are ready to act, and now is the moment to reconnect to what is at stake and what is possible,” Abrams said in a statement to The Atlanta Journal-Constitution. “It’s clear to me that the most effective way I can serve right now is by continuing to do this important work. For that reason, I will not seek elected office in 2026.”
Abrams, a former Democratic Party leader in the Georgia state legislature and a nationally known voting-rights advocate, narrowly lost to Republican Gov. Brian Kemp in the 2018 gubernatorial election. She lost her 2022 rematch with Kemp by nearly eight points.
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Stacey Abrams, seen here at Georgia State University on Nov. 7, 2022, in Atlanta, Georgia, will not run for governor in 2026. (Elijah Nouvelage/Getty Images)
Sources confirmed to Fox News Digital last spring that Abrams was mulling a third straight run for governor in the race to succeed the now-term-limited Kemp.
Abrams grabbed plenty of national attention during the 2018 Georgia race, and came close to making history as the nation’s first Black female elected governor. Her refusal to concede to Kemp after losing by a razor-thin margin boosted her among many Democrats while becoming a top GOP political target.
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She launched the Fair Fight political organization following her defeat, helped Biden narrowly carry Georgia in the 2020 presidential election, and also contributed to the sweep by the Democrats in the Jan. 5, 2021 twin Senate runoff elections.
Abrams raised over $110 million in fundraising for her 2022 rematch with Kemp, but was soundly defeated by the Republican incumbent.
Republican Gov. Brian Kemp of Georgia, seen speaking with Fox News Digital during his 2022 re-election campaign, is term-limited and cannot run for re-election in 2026. (Paul Steinhauser/Fox News)
In recent years, the political machine Abrams built has faded. The Abrams-founded New Georgia Project folded last year after being fined $300,000 for illegally backing her 2018 campaign.
And while Abrams last year considered a 2026 gubernatorial run, other Democratic candidates jumped into the race.
Former Atlanta Mayor Keisha Lance Bottoms, who served as director of the White House Office of Public Engagement during former President Joe Biden’s administration, is widely seen as the front-runner for the Democratic gubernatorial nomination.
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Also running for the Democratic nomination is former Lieutenant Gov. Geoff Duncan, who was elected in 2018 but declined to seek re-election in 2022. The former Republican is now a moderate Democrat. Former state Rep. Ruwa Romman and former Dekalb County CEO Michael Thurmond are also in the race.
Former Atlanta Mayor Keisha Lance Bottoms, who served in then-President Joe Biden’s administration, is running for the 2026 Democratic nomination for governor in Georgia. (Getty Images)
In the race for the Republican nomination, Lt. Gov. Burt Jones has the backing of President Donald Trump.
The field also includes Georgia Attorney General Chris Carr and Georgia Secretary of State Brad Raffensperger.
The Cook Report, a leading non-partisan political handicapper, rates the race a toss-up, while Inside Elections rates it as tilt Republican and Sabato’s Crystal Ball rates it as lean Republican.
Abrams, in her statement to the Atlanta Journal-Constitution, said she’ll keep her focus on the fight to protect democracy.
“The antidote to authoritarianism and its harms has always been democracy; and I have long believed that democracy requires active engagement and staunch defenders,” she wrote.”But democracy is experienced by the vast majority through the work of government — when it fails, we are all imperiled.”
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A Florida man is behind bars after allegedly killing a woman and leaving her body on a popular beach the day after Christmas.
Brandon Ward McCray, 28, was taken into custody by the U.S. Marshals and Hollywood Police Department on Dec. 30, 2025 and charged with sexual battery, kidnapping, battery and battery by strangulation, according to police records obtained by Fox News Digital.
Authorities responded to a call regarding a body on the sand of Hollywood Beach – located approximately 15 miles from Fort Lauderdale Beach – at around 7 a.m. on the morning of Dec. 26, 2025, according to WPLG. The victim, later identified as 56-year-old Heather Asendorf, was pronounced dead at the scene.
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Brandon Ward McCray is charged with sexual battery, kidnapping, battery and battery by strangulation in Broward County, Florida, according to police records obtained by Fox News Digital. (Broward County Sheriff’s Office)
Witnesses later told NBC Miami the body was wrapped in a white blanket and had blood trailing from the remains.
Officials did not release details regarding Asendorf’s cause of death, but previously stated that foul play was suspected.
Additionally, detectives believe McCray and Asendorf knew each other prior to the alleged murder, according to WSVN.
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Authorities reportedly allege Brandon Ward McCray murdered 56-year-old Heather Asendorf after her body was found on Hollywood Beach in Hollywood, Florida on Dec. 26, 2025. (iStock)
“This case remains an active criminal investigation,” Hollywood police said in a news release. “There is no indication of a broader threat to the community.”
McCray was previously charged with aggravated assault with a deadly weapon in 2023 after allegedly brandishing a gun at a tow truck driver as his vehicle was being repossessed, according to NBC Miami.
MAN WITH VIOLENT CRIMINAL HISTORY ON PAROLE ALLEGEDLY STABS TEEN TO DEATH: OFFICIALS
Officials reportedly did not release details regarding Heather Asendorf’s cause of death, but previously stated that foul play was suspected. (iStock)
He was taken into custody at his nearby home and booked into the Broward County Main Jail on $770,000 bond, WPLG reported.
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The Hollywood Police Department and McCray’s attorney did not immediately respond to Fox News Digital’s request for comment.
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