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Trump classified docs judge to weigh alleged 'unlawful' appointment of Special Counsel Jack Smith

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Trump classified docs judge to weigh alleged 'unlawful' appointment of Special Counsel Jack Smith

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The judge presiding over former President Trump’s classified records case is holding a hearing Friday to consider whether the appointment of U.S. Special Counsel Jack Smith and the funding of his investigations is “unlawful.”

Judge Aileen Cannon of the U.S. District Court for the Southern District of Florida had postponed the trial stemming from Smith’s investigation into Trump’s alleged improper retention of classified records indefinitely. 

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Upon postponing the trial, Cannon scheduled deadlines for reports on June 10 and 17 and a nonevidentiary hearing on a motion to dismiss on Friday, “based on unlawful appointment and funding of special counsel.” 

Cannon expanded Friday’s hearing to allow amici to argue before the court, as well as Trump defense attorneys and federal prosecutors. 

TRUMP CLASSIFIED DOCS JUDGE EXPANDS HEARING TO CONSIDER ‘UNLAWFUL’ APPOINTMENT OF SPECIAL COUNSEL JACK SMITH

Donald Trump and Jack Smith (Getty Images)

Former Attorney General Ed Meese, who served under former President Reagan, filed an amicus brief in the case, in which he argues that Attorney General Merrick Garland’s appointment of Smith as special counsel – a private citizen at the time – is in violation of the appointments clause of the Constitution. 

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Garland appointed Smith as special counsel on Nov. 18, 2022 – just days after Trump announced he would run for president in 2024. 

“Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” the brief states. 

“Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos,” they argued. 

FEDERAL JUDGE POSTPONES TRUMP’S CLASSIFIED RECORDS TRIAL WITH NO NEW DATE

Merrick Garland testifies

Attorney General Merrick Garland testifies during a House Judiciary Committee hearing on Tuesday, June 4, 2024, on Capitol Hill.  (AP/Jacquelyn Martin)

Meese argues that the “illegality” of Smith’s appointment is “sufficient to sink Smith’s petition, and the Court should deny review.” 

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Meese and company noted in the brief that Smith was appointed “to conduct the ongoing investigation into whether any person or entity [including former President Trump] violated the law in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021.”

Garland defended his move earlier this month during a hearing on Capitol Hill, arguing that “there are regulations under which the attorney general appoint special counsel. They have been in effect for 30 years, maybe longer, under both parties.” 

“The matter that you’re talking about, about whether somebody can have an employee of the Justice Department serve as special counsel has been adjudicated,” Garland argued, adding that other special counsel appointments he and other attorneys general have made cite a regulation that points to a statute. 

REP. MASSIE PRESSES GARLAND ON CONSTITUTIONALITY OF SPECIAL COUNSEL JACK SMITH’S APPOINTMENT

Meese, however, in his briefs filed in several points in the Trump cases, argued that “none of those statutes, nor any other statutory or constitutional provisions, remotely authorized the appointment by the Attorney General of a private citizen to receive extraordinary criminal law enforcement power under the title of Special Counsel.”

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Meese and Trump

President Trump awards the National Medal of Freedom to former Attorney General Edwin Meese during a ceremony at the White House, Oct. 8, 2019. (Chip Somodevilla/Getty Images)

Meese’s brief was even mentioned in a question by Justice Clarence Thomas in the Supreme Court oral arguments over Trump’s presidential immunity in Smith’s other case regarding 2020 election interference, which the high court is expected to decide this month.

Presenting arguments on June 21 in Florida on behalf of Meese will be Gene Schaerr; Josh Blackman on behalf of Professor Seth Barrett Tillman; and Matthew Seligman on behalf of constitutional lawyers, former government officials, and “State Democracy Defenders Action.”

Meanwhile, Cannon scheduled an additional hearing from June 24 to 26 and set deadlines for disclosures from the special counsel for early July and the defendants’ speedy trial report for July 19 – the final day of the Republican National Convention.

Trump is set to be sentenced in Manhattan after being found guilty on all counts in New York v. Trump, stemming from District Attorney Alvin Bragg’s investigation on July 11. 

Donald Trump sits in the courtroom during his hush money trial

Former President Trump sits in Manhattan Criminal Court in New York City, on May 21, 2024. (Justin Lane/Pool/AFP via Getty Images)

Cannon scheduled a status conference for July 22 and another hearing for later that day.

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Cannon did not schedule a new trial date.

Trump faced charges stemming from Smith’s investigation into his possession of classified materials. He pleaded not guilty to all 37 felony counts from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice and false statements.

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

Trump pleaded not guilty.

Cannon’s move last month to indefinitely postpone the trial comes after the judge unsealed a slew of documents related to the FBI’s investigation into the former president and the FBI’s raid on his Mar-a-Lago, Florida, estate in 2022.

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The documents provided a detailed look into the personnel involved in the raid on Mar-a-Lago and a play-by-play timeline of it. One of the documents is an FBI file that suggests the agency’s investigation into Trump’s alleged mishandling of classified documents was dubbed “Plasmic Echo.”

HOUSE JUDICIARY COMMITTEE INVESTIGATES ‘MANIPULATED’ EVIDENCE SEIZED BY FBI IN TRUMP CLASSIFIED RECORDS PROBE

Another unsealed FBI memo memorialized the role of Garland in the investigation.

In a document dated March 30, 2022, Garland provided his approval to allow the investigation into Trump’s alleged mishandling of classified documents to upgrade to a “full investigation.”

“This email conveys Department of Justice (DOJ) Attorney General (AG) [Merrick Garland] approval for conversion to a full investigation,” a synopsis of the restricted document reads.

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U.S. Attorney General Merrick Garland

Attorney General Merrick Garland (Chip Somodevilla/Getty Images)

Also, last month, Smith and federal prosecutors admitted in a court filing that documents seized during the raid on Mar-a-Lago are no longer in their original order and sequence.

“There are some boxes where the order of items within that box is not the same as in the associated scans,” Smith’s filing states.  

The prosecutors had previously told the court that the documents were “in their original, intact form as seized.” 

House Judiciary Committee Chair Jim Jordan, R-Ohio, is investigating whether that evidence was “altered or manipulated.”

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Smith also charged Trump in a separate jurisdiction, in Washington, D.C., out of his investigation into election interference and Jan. 6. Trump pleaded not guilty to those charges, as well.

That trial was postponed indefinitely. The Supreme Court is considering arguments on presidential immunity and whether Trump is immune from prosecution in Smith’s case.

The high court is expected to rule on the matter by the end of the term next week.

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Video: Pete Hegseth’s Confirmation Hearing

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Video: Pete Hegseth’s Confirmation Hearing

In a hearing that stretched more than four hours, Democrats pressed Pete Hegseth, President-elect Donald J. Trump’s pick for defense secretary, on numerous allegations of misconduct, his views about women in combat and his ability to lead the department. Eric Schmitt, national security correspondent for The New York Times, explains a moment that stood out in the hearing.

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Trump Energy Sec pick to share American 'energy dominance' vision at confirmation hearing: 'Agent for change'

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Trump Energy Sec pick to share American 'energy dominance' vision at confirmation hearing: 'Agent for change'

Chris Wright, President-elect Trump’s nominee to lead the U.S. Department of Energy, is planning to tell senators in charge of his confirmation that he will focus on restoring American “energy dominance” at home and abroad. 

Wright, a fossil fuel executive who in the past has been critical of the media blaming climate change for repeated wildfires, is expected to deliver his opening statement before the Senate Energy and Natural Resources Committee on Wednesday morning. Fox News Digital obtained a copy of the statement in advance ahead of the hearing scheduled to start at 10 a.m. ET.

“I am humbled by the great responsibility this position holds,” Wright is expected to say in his opening statement. “America has a historic opportunity to secure our energy systems, deliver leadership in scientific and technological innovation, steward our weapons stockpiles, and meet Cold War legacy waste commitments.” 

Describing himself as a “science geek, turned tech nerd, turned lifelong energy entrepreneur,” Wright will tell the committee how his “fascination with energy started at a young age in Denver, Colorado.” His opening statement discusses how he enrolled at MIT “specifically to work on fusion energy” and later started graduate school at the University of California at Berkeley where he worked “on solar energy as well as power electronics.”

TRUMP EYES AN END TO NEW WINDMILL PRODUCTION UNDER SECOND TERM, SAYS THEY ARE ‘DRIVING THE WHALES CRAZY’

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Liberty Oilfield Services Inc. CEO Chris Wright laughs as he celebrates the companies IPO on the floor of the New York Stock Exchange, January 12, 2018. (Reuters)

“Energy is the essential agent of change that enables everything that we do. A low energy society is poor. A highly energized society can bring health, wealth, and opportunity for all,” Wright will say. “The stated mission of the company that I founded – Liberty Energy – is to better human lives through energy. Liberty works directly in oil, natural gas, next generation geothermal and has partnerships in next-generation nuclear energy and new battery technology.” 

“Energy has been a lifelong passion of mine, and I have never been shy about that fact,” Wright plans to tell the committee. “Then again, I have never been shy about much. President Trump shares my passion for energy and, if confirmed, I will work tirelessly to implement his bold agenda as an unabashed steward for all sources of affordable, reliable and secure American energy.”

On Tuesday, committee Democrats led by Sen. Martin Heinrich of New Mexico called for Wright’s confirmation hearing to be delayed by at least a week, citing how they had not yet received “the standard financial disclosure report, ethics agreement, or the opinions from the designated agency ethics officer and the Office of Government Ethics stating that the nominee is in compliance with the ethics laws.” 

Chairman Mike Lee, R-Utah, has already pushed back the confirmation hearing for Doug Burgum, Trump’s pick for interior secretary, by two days until Thursday due to an OGE paperwork delay, but Wright’s remained on the schedule Wednesday. 

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Wright CEO headshot

Liberty Oilfield Services CEO Chris Wright at Liberty January 17, 2018.  (Andy Cross/The Denver Post via Getty Images)

If approved as secretary, Wright would manage energy policy and production in the United States, as well as the nation’s nuclear weapon stockpile. He would also work with Burgum on the National Energy Council, where they would develop Trump’s energy dominance policy involving increased production of U.S. oil and gas.

Wright has indicated that he plans to resign as CEO and chairman of his fracking company, Liberty Energy, if approved.

DEMS BLAME LA FIRE ON ‘CLIMATE CHANGE’ DESPITE CITY CUTTING FIRE DEPARTMENT BUDGET

Burgum on Capitol Hill

Trump’s nominee to be Secretary of the Interior Doug Burgum rides an elevator in the Dirksen Senate Office Building on Dec. 10, 2024 in Washington, DC.  (Anna Moneymaker/Getty Images)

In his opening statement, Wright identifies three “immediate” tasks that he would focus his attention on if confirmed.

“The first is to unleash American energy at home and abroad to restore energy dominance,” Wright will say. “The security of our nation begins with energy. Previous administrations have viewed energy as a liability instead of the immense national asset that it is. To compete globally, we must expand energy production, including commercial nuclear and liquified natural gas, and cut the cost of energy.” 

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“Second, we must lead the world in innovation and technology breakthroughs,” the statement continues. “Throughout my lifetime, technology and innovation have immeasurably enhanced the human condition. We must protect and accelerate the work of the Department’s national laboratory network to secure America’s competitive edge and its security. I commit to working with Congress on the important missions of the national laboratories.” 

“Third, we must build things in America again and remove barriers to progress,” Wright will say. “Federal policies today make it too easy to stop projects and very hard to start and complete projects. This makes energy more expensive and less reliable. President Trump is committed to lowering energy costs and to do so, we must prioritize cutting red tape, enabling private sector investments, and building the infrastructure we need to make energy more affordable for families and businesses.” 

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Column: He lost everything in a wildfire. Here's one city councilman's practical advice

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Column: He lost everything in a wildfire. Here's one city councilman's practical advice

Jeff Okrepkie wants to make one thing perfectly clear.

Yes, his home burned to the ground after he fled a galloping wall of flames with his wife, their toddler, two dogs and the few items they managed to cram into their cars. But no, Okrepkie insisted, he is not a fire victim.

“I’m a survivor,” he said. “It seems kind of ticky-tacky, but it helps with my mental state to think of myself that way … I survived something that many people haven’t.”

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Okrepkie and his wife lost their home and virtually everything they owned in the 2017 Tubbs fire, which turned a wide swath of the Wine Country — including Santa Rosa’s middle-class Coffey Park neighborhood — into a heap of cinder and ash. At the time, it was the most destructive wildfire in California history. Soon, it may rank a mere third, with the still-blazing Los Angeles County inferno topping the list.

Okrepkie, 45, a commercial real estate agent, was displaced through ill fortune. He was elected years later to the Santa Rosa City Council by popular vote. He became an advocate for wildfire survivors, their champion and a clearinghouse of recovery tips by choice and his lived experience.

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“How can you have all this information and not share it?” he said during a conversation this week a few blocks from City Hall and a short drive from the subdivision where he returned nearly 2½ years after fire chased him out. “It’s almost seems selfish not to.”

The October weekend that forever changed Okrepkie’s life began in what now seems like blessed normalcy.

He and his wife, Stephanie, attended a wedding on Saturday, a welcome bit of alone time in adult company. Their son was nearly 2 years old and had lately “started scaling the walls,” so Sunday was spent converting his crib into “a big-boy bed.” After it was made up, Okrelie took a picture because they were all so excited.

The rest transpired in a flash.

Reports of a fire breaking out in Napa, 40 miles away. His wife nodding off in front of the TV news. Okrepkie falling asleep. His sister calling and waking him with word of another fire, in Calistoga, 16 miles distant and spreading on powerful winds.

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Not much later, the flames leapt Highway 101 and its six lanes and bore down on Coffey Park. Stephanie Okrepkie drove away with her son, the family’s black Lab mix and their Cavalier King Charles Spaniel. Jeff stayed behind, grabbing what he could, until a giant ember landed at his feet, spitting sparks. He took off.

City Councilman Jeff Okrepkie stands in front of Santa Rosa City Hall

Santa Rosa City Councilman Jeff Okrepkie

(Mark Z. Barabak)

He dispenses his wildfire wisdom in two parts, before and after disaster strikes.

Okrepkie suggested starting with a list of things to grab before you’re forced to go. Figure out what you can get your hands on in five minutes or less and start there, beginning with “the things that are crucial to your life” — passports, birth certificates, marriage certificates, insurance policies, wills, trusts. Expand the list to items you can conceivably gather in 10, 15 and 30 minutes.

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Focus, Okrepkie said, on things that are irreplaceable — “an urn with your parents remains, wedding rings” — or that have sentimental value. Clothes, shoes, underwear, pet food; those types of things can be purchased later.

Okrepkie particularly regrets leaving behind a photo of his grandparents, which his late grandmother carried with her everywhere. His wife lost the military fatigues her father wore when he was killed in Iraq, though the couple recovered his dog tags and “challenge coin.”

If you lose your home, Okrepkie went on, don’t wait to find temporary housing. “As soon as you get stabilized somewhere,” he advised, “start calling apartments.” And if it’s unfurnished, make do with used or donated items. “When you get back into your house,” Okrepke said, “that’s when you start spending on the dining room table … that looks nice in your home.”

Beyond that, he counseled patience.

Take as much time as you need to catalog your losses for insurance purposes. If you can collect, say, up to $700,000 and devote 10 hours to compiling a thorough list, that works out to $70,000-an-hour. “That’s a pretty well-paying job,” Okrepkie said. “Think of it that way.”

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Also, he said, carefully document every interaction with your insurance company. You’re likely to deal with a number of adjusters, some of whom will move on before your claim is settled. It’s important to have written proof of what was said or promised, so you don’t have to start each time with someone new.

When it comes to rebuilding — if that’s your plan — don’t hurry. Yes, Okrepkie said, there’s an understandable urge to return home as quickly as possible. But he warned against making decisions in haste — in part because rules and regulations can change, affecting what and how you’re able to rebuild. “If you’re rushing, you could be doing something to fit into a box that all of a sudden just became bigger three weeks later.”

He was glad he purchased his new home from a “mass builder” — a developer that goes through the permitting and legal process, then offers buyers a range of floor plans and options — rather than going it alone with an individual architect and builder.

“Most people have never built a house,” Okrepkie said. “They just bought a house that already exists. And so they don’t know what goes together” — carpets, countertops, cabinets, tiles and on. “Whereas these guys were like, ‘Yep, we have this and this and this and this and this.’ It’s a lot easier to comprehend when you have limited choices.”

Through it all, Okrepkie said, building and nurturing a sense of community was vital.

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“I can sit here and tell you my entire fire story,” he said over lunch at a cantina in downtown Santa Rosa, “and you’ll empathize with it.” But even the most caring and compassionate person can’t relate “in the same way as someone who’s going through what you’re going though.”

A friend started a gathering that jokingly came to be called “Whine Wednesdays,” where survivors got together — at first on camping chairs set amid the ruins — to drink beer and wine “and just talk to each other,” Okrepkie said. “Not bitching and complaining. Just having conversations.”

His activism on behalf of the burned-out neighborhood led to a seat on the city Planning Commission, which in turn led to Okrepkie’s election in 2022 to the Santa Rosa City Council.

As someone with experience on both sides of disaster — as a wildfire survivor as well as a government official dealing with its aftermath — he offered several suggestions for those in public office.

“Be careful with your messaging, because people can take things very personally,” Okrepkie said. “Don’t call people homeless … We have a home. It burnt.”

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Be patient. Very patient. Even as months and years pass and the initial trauma has faded, you’re facing people still grappling with perhaps the worst experience of their life. “Be careful about being too dismissive,” Okrepie said, or coming across as unfeeling.

Don’t be afraid to act boldly if your action can hasten the recovery, he continued. “With electeds there’s always a fear of, ‘Am I going to piss off too many people?’ I don’t think there’s a more altruistic thing you can do than put your neck on the line for people that lost everything.”

Not least, don’t treat survivors as though they’re seeking anything more than they had before.

“We’re not asking to build mansions,” Okrepkie said over his taco salad. “If you have a car you really like and someone hits it, you’re not going to be like, ‘I want a Maserati.’ Just give me what I had … I’m not trying to game the system. There always bad apples that will try to. But most are good people in a crap situation.”

It’s pretty straightforward, he suggested. Be caring. Be kind.

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