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DOJ releases former Special Counsel Jack Smith's report on investigation into Trump election interference case

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DOJ releases former Special Counsel Jack Smith's report on investigation into Trump election interference case

The Justice Department made public Volume One of former Special Counsel Jack Smith’s final report on his now-closed investigations into President-elect Donald Trump, days before he is set to be sworn into office. 

Attorney General Merrick Garland released the first volume, which focuses on the election case against Trump, of Smith’s report on Tuesday at midnight after back-and-forth in the federal court system. The report was released at midnight because that was when the original hold on Volume One expired.

An opening letter from Smith, who resigned last week, to Garland said that it is “laughable” that Trump believes the Biden administration, or other political actors, influenced or directed his decisions as a prosecutor, stating that he was guided by the Principles of Federal Prosecution.

“Trump’s cases represented ones ‘in which the offense [was] the most flagrant, the public harm the greatest, and the proof the most certain,’” Smith said, referencing the principles.

APPEALS COURT WILL NOT BLOCK PARTIAL RELEASE OF SPECIAL COUNSEL JACK SMITH’S TRUMP REPORT

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A split image featuring US Attorney General Merrick Garland, President Donald Trump and former Special Counsel Jack Smith. (Ting Shen/Bloomberg via Getty Images | Photo by Rebecca Noble/Getty Images | Photo by Alex Wong/Getty Images)

In the lengthy report, Smith said his office fully stands behind the decision to bring criminal charges against Trump because he “resorted to a series of criminal efforts to retain power” after he lost the 2020 election.

Smith said in his conclusion that the parties were determining whether any material in the “superseding indictment was subject to presidential immunity” when it became clear that Trump had won the 2024 election. The department then determined the case must be dismissed before he takes office because of how it interprets the Constitution.

“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind,” the report stated.

READ THE SPECIAL COUNSEL REPORT – APP USERS, CLICK HERE:

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In an early Tuesday morning post on Truth Social, Trump called Smith “desperate” and “deranged” for releasing his “fake findings” in the middle of the night.

SPECIAL COUNSEL WEISS BLASTS BIDEN IN FINAL HUNTER PROSECUTION REPORT

Garland appointed former Justice Department official Jack Smith as special counsel in November 2022. 

Smith, a former assistant U.S. attorney and chief to the DOJ’s public integrity section, led the investigation into Trump’s retention of classified documents after leaving the White House and whether the former president obstructed the federal government’s investigation into the matter. 

Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Tuesday, Sept. 24, 2024, in Washington. (AP Photo/Mark Schiefelbein)

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Smith was also tasked with overseeing the investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021. 

Smith charged Trump in both cases, but Trump pleaded not guilty.

FLASHBACK: ATTORNEY GENERAL GARLAND NAMES SPECIAL COUNSEL TO INVESTIGATE TRUMP ON MAR-A-LAGO DOCUMENTS, JAN. 6

The classified records case was dismissed in July 2024 by U.S. District Court for the Southern District of Florida Judge Aileen Cannon, who ruled that Smith was unlawfully appointed as special counsel. 

Special Prosecutor Jack Smith recently requested to dismiss charges he brought against Trump in a case alleging his interference in the certification of the 2020 election. (Bill O’Leary/The Washington Post via Getty Images)

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Smith charged Trump in the U.S. District Court for Washington D.C. in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request. 

FLASHBACK: TRUMP SAYS HE ‘WON’T PARTAKE’ IN SPECIAL COUNSEL INVESTIGATION, SLAMS AS ‘WORST POLITICIZATION OF JUSTICE’

This month, though, Cannon temporarily blocked the release of Smith’s final report. A federal appeals court reversed her ruling, allowing the Justice Department to make Smith’s report public. 

Former president Donald Trump’s Mar-a-Lago resort in Palm Beach, Florida.  (Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images)

In the classified records probe, Smith charged Trump with 37 federal counts including willful retention of national defense information, conspiracy to obstruct justice and false statements. Trump pleaded not guilty. 

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This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and partially redacted by the source, shows a photo of documents seized during the Aug. 8 FBI search of former President Donald Trump’s Mar-a-Lago estate.  (Department of Justice via AP)

FLASHBACK: FBI SAID IT HAD ‘PROBABLE CAUSE’ TO BELIEVE ADDITIONAL CLASSIFIED DOCS REMAINED AT MAR-A-LAGO, AFFIDAVIT SAYS

Trump was also charged with an additional three counts as part of a superseding indictment out of the investigation: an additional count of willful retention of national defense information and two additional obstruction counts. 

In the 2020 election case, Smith charged Trump with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; violation of an official proceeding; and conspiracy against rights. Trump pleaded not guilty. 

The cases brought by Smith against Trump never made it to trial in either jurisdiction. 

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Former U.S. President Donald Trump walks to speak to the press at the end of the day during his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 7, 2024 in New York City. (Getty Images)

Despite efforts by Trump attorneys to prevent the report’s release, Attorney General Merrick Garland had maintained that he would make at least one volume of Smith’s report public.

This is a developing story. Please check back for updates. 

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Federal judge blocks Trump from cutting childcare funds to Democratic states over fraud concerns

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Federal judge blocks Trump from cutting childcare funds to Democratic states over fraud concerns

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A federal judge Friday temporarily blocked the Trump administration from stopping subsidies on childcare programs in five states, including Minnesota, amid allegations of fraud.

U.S. District Judge Arun Subramanian, a Biden appointee, didn’t rule on the legality of the funding freeze, but said the states had met the legal threshold to maintain the “status quo” on funding for at least two weeks while arguments continue.

On Tuesday, the U.S. Department of Health and Human Services (HHS) said it would withhold funds for programs in five Democratic states over fraud concerns.

The programs include the Child Care and Development Fund, the Temporary Assistance for Needy Families program, and the Social Services Block Grant, all of which help needy families.

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USDA IMMEDIATELY SUSPENDS ALL FEDERAL FUNDING TO MINNESOTA AMID FRAUD INVESTIGATION 

On Tuesday, the U.S. Department of Health and Human Services said it would withhold funds for programs in five Democratic states over fraud concerns. (AP Photo/Jose Luis Magana, File)

“Families who rely on childcare and family assistance programs deserve confidence that these resources are used lawfully and for their intended purpose,” HHS Deputy Secretary Jim O’Neill said in a statement on Tuesday.

The states, which include California, Colorado, Illinois, Minnesota and New York, argued in court filings that the federal government didn’t have the legal right to end the funds and that the new policy is creating “operational chaos” in the states.

U.S. District Judge Arun Subramanian at his nomination hearing in 2022.  (Tom Williams/CQ-Roll Call, Inc via Getty Images)

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In total, the states said they receive more than $10 billion in federal funding for the programs. 

HHS said it had “reason to believe” that the programs were offering funds to people in the country illegally.

‘TIP OF THE ICEBERG’: SENATE REPUBLICANS PRESS GOV WALZ OVER MINNESOTA FRAUD SCANDAL

The table above shows the five states and their social safety net funding for various programs which are being withheld by the Trump administration over allegations of fraud.  (AP Digital Embed)

New York Attorney General Letitia James, who is leading the lawsuit, called the ruling a “critical victory for families whose lives have been upended by this administration’s cruelty.”

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New York Attorney General Letitia James, who is leading the lawsuit, called the ruling a “critical victory for families whose lives have been upended by this administration’s cruelty.” (Win McNamee/Getty Images)

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Fox News Digital has reached out to HHS for comment.

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Washington National Opera is leaving the Kennedy Center in wake of Trump upset

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Washington National Opera is leaving the Kennedy Center in wake of Trump upset

In what might be the most decisive critique yet of President Trump’s remake of the Kennedy Center, the Washington National Opera’s board approved a resolution on Friday to leave the venue it has occupied since 1971.

“Today, the Washington National Opera announced its decision to seek an amicable early termination of its affiliation agreement with the Kennedy Center and resume operations as a fully independent nonprofit entity,” the company said in a statement to the Associated Press.

Roma Daravi, Kennedy Center’s vice president of public relations, described the relationship with Washington National Opera as “financially challenging.”

“After careful consideration, we have made the difficult decision to part ways with the WNO due to a financially challenging relationship,” Daravi said in a statement. “We believe this represents the best path forward for both organizations and enables us to make responsible choices that support the financial stability and long-term future of the Trump Kennedy Center.”

Kennedy Center President Ambassador Richard Grenell tweeted that the call was made by the Kennedy Center, writing that its leadership had “approached the Opera leadership last year with this idea and they began to be open to it.”

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“Having an exclusive relationship has been extremely expensive and limiting in choice and variety,” Grenell wrote. “We have spent millions of dollars to support the Washington Opera’s exclusivity and yet they were still millions of dollars in the hole – and getting worse.”

WNO’s decision to vacate the Kennedy Center’s 2,364-seat Opera House comes amid a wave of artist cancellations that came after the venue’s board voted to rename the center the Donald J. Trump and the John F. Kennedy Memorial Center for the Performing Arts. New signage featuring Trump’s name went up on the building’s exterior just days after the vote while debate raged over whether an official name change could be made without congressional approval.

That same day, Rep. Joyce Beatty (D-Ohio) — an ex officio member of the board — wrote on social media that the vote was not unanimous and that she and others who might have voiced their dissent were muted on the call.

Grenell countered that ex officio members don’t get a vote.

Cancellations soon began to mount — as did Kennedy Center‘s rebukes against the artists who chose not to appear. Jazz drummer Chuck Redd pulled out of his annual Christmas Eve concert; jazz supergroup the Cookers nixed New Year’s Eve shows; New York-based Doug Varone and Dancers dropped out of April performances; and Grammy Award-winning banjo player Béla Fleck wrote on social media that he would no longer play at the venue in February.

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WNO’s departure, however, represents a new level of artist defection. The company’s name is synonymous with the Kennedy Center and it has served as an artistic center of gravity for the complex since the building first opened.

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AOC accuses Vance of believing ‘American people should be assassinated in the street’

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AOC accuses Vance of believing ‘American people should be assassinated in the street’

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Democratic Rep. Alexandria Ocasio-Cortez is leveling a stunning accusation at Vice President JD Vance amid the national furor over this week’s fatal shooting in Minnesota involving an ICE agent.

“I understand that Vice President Vance believes that shooting a young mother of three in the face three times is an acceptable America that he wants to live in, and I do not,” the four-term federal lawmaker from New York and progressive champion argued as she answered questions on Friday on Capitol Hill from Fox News and other news organizations.

Ocasio-Cortez spoke in the wake of Wednesday’s shooting death of 37-year-old Renee Nicole Good after she confronted ICE agents from inside her car in Minneapolis.

RENEE NICOLE GOOD PART OF ‘ICE WATCH’ GROUP, DHS SOURCES SAY

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Members of law enforcement work the scene following a suspected shooting by an ICE agent during federal operations on January 7, 2026, in Minneapolis, Minnesota. (Stephen Maturen/Getty Images)

Video of the incident instantly went viral, and while Democrats have heavily criticized the shooting, the Trump administration is vocally defending the actions of the ICE agent.

HEAD HERE FOR LIVE FOX NEWS UPDATES ON THE ICE SHOOTING IN MINNESOTA

Vance, at a White House briefing on Thursday, charged that “this was an attack on federal law enforcement. This was an attack on law and order.”

“That woman was there to interfere with a legitimate law enforcement operation,” the vice president added. “The president stands with ICE, I stand with ICE, we stand with all of our law enforcement officers.”

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And Vance claimed Good was “brainwashed” and suggested she was connected to a “broader, left-wing network.”

Federal sources told Fox News on Friday that Good, who was a mother of three, worked as a Minneapolis-based immigration activist serving as a member of “ICE Watch.”

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Ocasio-Cortez, in responding to Vance’s comments, said, “That is a fundamental difference between Vice President Vance and I. I do not believe that the American people should be assassinated in the street.”

But a spokesperson for the vice president, responding to Ocasio-Cortez’s accusation, told Fox News Digital, “On National Law Enforcement Appreciation Day, AOC made it clear she thinks that radical leftists should be able to mow down ICE officials in broad daylight. She should be ashamed of herself. The Vice President stands with ICE and the brave men and women of law enforcement, and so do the American people.”

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