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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

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

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

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

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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.”

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.

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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. 

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.

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.

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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.

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

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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.

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.

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“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.”

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.

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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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Who is Valli Geiger? Meet the Maine Dem that Platner urged to run for Senate

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Who is Valli Geiger? Meet the Maine Dem that Platner urged to run for Senate

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Maine state Rep. Valli Geiger, a Rockland Democrat, former nurse and former mayor, is drawing sudden national attention after saying now-former Democratic Senate nominee Graham Platner encouraged her to consider taking his place on the ballot in the Maine Senate race.

While Geiger has not been named the replacement nominee, her name entered the Maine Senate scramble after she told local outlet WMTW that Platner called her Monday night, praised her as a “fighter” and asked whether he could put her name forward. Platner’s campaign told the outlet he had not made an endorsement decision but confirmed he encouraged Geiger to consider running if he stepped aside.

After Geiger said Platner called her about potentially putting her name forward, Geiger posted Tuesday she would not “throw Graham under the bus,” while also saying she would not “slander or accuse” Jenny Racicot, the woman who accused Platner of rape, “of anything more than telling the truth as she experienced it.” 

By Wednesday, local outlets were reporting that Geiger said Platner had encouraged her to consider running if he withdrew. Platner, who suspended his campaign Wednesday night, has denied the claim.

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WHAT HAPPENS NEXT IF PLATNER DROPS OUT? HERE’S WHO COULD REPLACE HIM ON THE BALLOT AND HOW IT COULD WORK

Graham Platner Maine State Rep. Valli Geiger  (Maine State Legislature/Getty Images)

“For the movement to continue, it can’t be me. For that reason, we are suspending campaign operations,” Platner said in a video posted to social media.

Geiger is a third-term Democratic state representative from Rockland, according to her legislative biography, representing a coastal House district in Maine that includes Rockland, Criehaven Township, Matinicus Isle Plantation, the Muscle Ridge Islands, North Haven and part of Owls Head. Her biography says she serves on the Labor Committee and the Energy, Utilities and Technology Committee.

Before entering the state legislature, Geiger served six years on the Rockland City Council, including one year as mayor and four years on the Rockland Comprehensive Planning Commission, three of them as chair. 

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Her biography says she holds a master’s degree in sustainable design and built her own passive-solar, net-zero-energy house. It also describes her as a former nurse at Pen Bay Medical Center who later worked as a health policy analyst and health administrator, including as director of the Healthreach Hospice program and clinical director for Federally Qualified Health Centers around Maine.

The Maine State Capitol May 18, 2026, in Augusta, Maine. (Joe Raedle/Getty Images)

PLATNER CAMPAIGN PUTTING ‘THUMB ON SCALE’ TO INFLUENCE POSSIBLE REPLACEMENT, MAINE DEM ALLEGES

Geiger’s connection to Platner predates the latest replacement speculation. Local reporting has described her as a close Platner supporter, and WMTW reported she previously stood with him and credited him with helping secure funding for rape kit tracking in Maine.

In her Facebook post responding to Racicot’s allegation, Geiger wrote that Racicot’s story “seems credible” but added that “none of us knows the truth nor will we ever.” She also described Platner as “a man becoming a better man” and said she had hoped he would lead the political movement his campaign had built and will not “throw Graham under the bus.”

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In the post, Geiger also praised Platner’s “passion for economic populism” and said she had granted him “an enormous amount of grace” for his behavior during what she described as his “dark years” after multiple deployments.

Dr. Nirav D. Shah, director of the Maine Center for Disease Control and Prevention, speaks during a news conference about COVID-19 at Maine Emergency Management Agency in Augusta. (Derek Davis/Portland Press Herald via Getty Images)

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The Maine state representative is not the only Democrat whose name has surfaced as Maine Democrats prepare for the possibility that Platner exits the race against Republican Sen. Susan Collins. 

Several Democrats have expressed interest or are considering bids, including former gubernatorial candidate Troy Jackson, Secretary of State Shenna Bellows and former Maine CDC Director Nirav Shah.

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Under Maine law, the Maine Democratic Party can replace him on the general election ballot by selecting a new nominee through its party process, with the replacement required to be chosen by July 27.

Fox News Digital’s Andrew Mark Miller and Paul Steinhauser contributed to this report.

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Nexstar launches its first digital subscription service with The Hill Insider, aimed at political junkies

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Nexstar launches its first digital subscription service with The Hill Insider, aimed at political junkies

Nexstar Media Group’s The Hill, the political web site that started as a free newspaper read in most congressional offices in Washington, is launching a new direct-to-consumer streaming service that will be behind a paywall.

Starting Wednesday, Nexstar will offer The Hill Insider, which will carry daily streaming video programs and newsletters. Subscribers will also be able to interact with The Hill’s journalists and analysts, who will take questions live.

The service, available for $5.99 a month or $59.99 a year, is the first digital subscription product for the Irving, TX-based Nexstar, the largest owner of television stations in the U.S. Premium memberships are available for $9.99 a month, or $99.99 a year, which will be ad-free and offer access to live events presented by The Hill.

The endeavor is the first subscription streaming service offered by Nexstar. The Hill already produces a free ad-supported streaming channel distributed on such platforms as Roku.

The free version of The Hill is the most viewed political web site in the U.S. with 1.24 billion page views in 2025, a year-to-year increase of 7%, according to Comscore. The Hill is known for offering brisk, up-to-date reports out of each branch of government in Washington, and is often linked to on other websites.

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Nexstar, which also owns the cable network NewsNation, acquired The Hill in 2021 from New York-based entrepreneur James Finkelstein for $130 million. NewsNation adapted The Hill brand name for its Washington-based programs, including a Sunday roundtable show with Chris Stirewalt, politics editor for The Hill and NewsNation.

NewsNation politics editor Chris Stirewalt on the set of “The Hill Sunday.”

(NewsNation)

Stirewalt and the Washington journalists and commentators seen on NewsNation programs will be featured on The Hill Insider. The service will also use the resources of Decision Desk HQ, the political media firm that was the first to call President Trump’s victory on election night in 2024. Decision Desk will be involved in a streaming show called “Data Nerds.”

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The Hill Insider will be aimed at the political junkie who wants to go deeper on polling data and hear longer, in-depth discussion on issues. Bill Sammons, senior vice president of editorial content for Nexstar, said the company’s research shows there is a national appetite for such content, as only 5% of The Hill’s current audience is based in Washington.

The Hill has long touted itself as non-partisan and Stirewalt hopes users will gravitate to the subscription version to become better informed about legislative and political issues and not reaffirm their existing opinions.

“My imagined audience is of people in America who are not addicted to politics but are addicted to good citizenship and the idea of fulfilling their civic virtue,” Stirewalt said in a recent interview. “And they would like to do it in a way that doesn’t insult their intelligence.”

While the free version of The Hill has been growing, the new subscription product enters a crowded field of digital programs and platforms aimed at the consumers of political news.

The launch comes as journalists from legacy media such as former CNN anchor Jim Acosta, former ABC News correspondent Terry Moran, and Chuck Todd, the longtime moderator of NBC’s “Meet the Press,” have launched their own daily podcasts and newsletters as second acts in their careers.

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MS NOW, the progressive-leaning cable news channel, is entering the direct to consumer market later this year making the channel available outside of pay-TV packages for the first time. Like The Hill Insider, the MS NOW streaming product is expected to offer users additional benefits, such as access to live events and content not seen on the cable network.

Original topical programming that does not have a shelf life is challenging to sustain on a streaming service. When Fox News Media launched its streaming service Fox Nation in 2018, it carried a line-up of live, politically-oriented shows aimed at its conservative-leaning audience. The service eventually pivoted to documentary, movies and lifestyle programming and became the home of the annual Fox News fan event, The Fox Nation Patriot Awards.

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WATCH: Dana White drops 2028 hints while raving about his favorite Trump cabinet secretary

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WATCH: Dana White drops 2028 hints while raving about his favorite Trump cabinet secretary

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Political heavyweight Dana White, whose endorsement of President Donald Trump was instrumental in his 2024 victory, is now hinting that he may jump back into presidential politics in 2028 because he has “become really close” with Secretary of State Marco Rubio.

This comes as White’s UFC announced a rare “sports diplomacy” partnership with the State Department this week. White and Rubio signed a memorandum of understanding establishing the partnership last month, according to a UFC statement. The league said that as part of the agreement, UFC athletes and coaches will serve as “sports ambassadors” for young athletes around the world through the State Department’s Sports Envoy Program.

White was explicitly asked by OutKick’s Tomi Lahren, whether there are any leaders he is looking at for 2028, to which he responded, “It’s funny, As I was, leading up to the White House fight, doing all this media, you know, a lot of the left media was saying to me, ‘So, you’re out of politics after this, right?’ And I can’t remember who it was that I said it to but … I said, ‘I’ve become really close to Rubio.’ We’ve become really close.”

“People are asking me if I’m going to get out of politics when the president leaves and I just said, ‘I’ve become very close to Rubio.’ He and I have become friends,” he emphasized.

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RUBIO ANNOUNCES FRAMEWORK DEAL BETWEEN ISRAEL AND LEBANON AS EXPERTS WARN IRAN WILL FIGHT TO SABOTAGE IT

UFC President and CEO Dana White and US Secretary of State Marco Rubio shake hands as htey participate in a Memorandum of Understanding signing ceremony at the State Department in Washington, DC, on June 11, 2026. (Brendan SMIALOWSKI / AFP via Getty Images)

White said that Rubio “is a great guy, I like him,” adding, “He’s smart, I like the way he handles himself.”

He also said, “I’ve met his sons, and I like his kids and, you know, so, never say never.”

Pressed on whether Rubio is his official pick to succeed Trump as president, White clarified, “I’m not saying I’m picking.” He noted that he also likes Vice President JD Vance, who, alongside Rubio, is a rumored 2028 presidential frontrunner.

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“JD is a great guy too,” said White, adding, “It’s a tricky situation, and I don’t know enough about politics to even comment on that, but, yeah, I don’t know, but it’s not a bad thing to have two strong candidates.”

Rubio and Vance are the two Republicans most discussed as possible successors to Trump. While Rubio ran for president in 2016, he has expressed support for Vance, calling him a “close friend” and saying the vice president “would be a great nominee if he decides he wants to do that.”

VIRAL MARCO RUBIO CLIP ON HIS VISION FOR AMERICA SPARKS MORE 2028 SPECULATION

Vice President JD Vance speaks during a visit to ALTA Refrigeration Inc., Aug. 21, 2025, in Peachtree City, Georgia. (Brynn Anderson/The Associated Press)

Though White stopped short of issuing a full-throated endorsement of Rubio, his partnership with the State Department through UFC underscores the high regard he appears to have for the secretary.

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This is the first time the UFC has entered into such a partnership with the State Department. The NFL, which entered into a similar agreement in January, is the only other major sports organization to have signed such a formal agreement with the department.

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UFC Chief Operating Officer Lawrence Epstein said the league is “thrilled” about the partnership. He said it would allow the State Department and UFC to “work together to build bridges through community engagement.”

“We’re excited to join this program, led by Secretary Rubio, as UFC is a truly global organization with athletes representing 75 countries. We can’t wait to get started later this year,” said Epstein.

VANCE TAKES LEAD SELLING TRUMP’S IRAN GAMBLE AS RUBIO, HEGSETH AND RATCLIFFE CEDE SPOTLIGHT ON FRAGILE DEAL

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President Donald Trump speaks with Secretary of State Marco Rubio and UFC CEO and President Dana White during UFC 327 at Kaseya Center on April 11, 2026 in Miami, Florida. (Julia Demaree Nikhinson – Pool / Getty Images)

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In turn, Rubio spoke very highly of the UFC, saying it “has become a global phenomenon by embracing values that resonate far beyond the Octagon: excellence, discipline, opportunity, and meritocracy.”

The secretary said the State Department is “proud” to launch the sports diplomacy partnership with UFC and to “continue growing the sport of MMA.”

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