Southeast
Classified docs case dismissal means ‘greatest' legal 'threat’ to Trump is ‘gone’: experts
A Florida judge dismissed the case against former President Trump for the handling of classified documents, and some legal experts are calling it a “strongly reasoned” opinion that eliminates the “greatest legal threat” to the presumptive 2024 GOP just ahead of the Republican National Convention.
On Monday, Florida District Judge Aileen Cannon issued a 93-page opinion dismissing the case on the grounds that the appointment of Special Counsel Jack Smith to oversee the case was unconstitutional.
“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme – the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” Cannon wrote.
Jonathan Turley, a defense attorney and law professor at George Washington University, told Fox News Monday that “of all of the cases that could be dismissed, this would be at the top of the list. This was the greatest threat. And for now, at least, it’s gone.”
SPECIAL COUNSEL IN TRUMP CASE UNCONSTITUTIONAL, FORMER REAGAN AG SAYS
Special Counsel Jack Smith arrives to give remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump on August 1, 2023 in Washington, DC. (Drew Angerer/Getty Images)
Trump had faced charges stemming from special counsel Jack Smith’s investigation into his possession of classified materials at Trump’s Mar-a-Lago residence. 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
John Malcolm, a former federal prosecutor and director of the Ed Meese Center for Legal and Judicial Studies, said that the case brought by Smith was the “most serious of the four criminal cases that were filed against him.”
A representative for Smith did not immediately return Fox News Digital’s request for comment and whether the Justice Department plans to appeal the decision.
JUDGE DISMISSES TRUMP’S FLORIDA CLASSIFIED DOCUMENTS CASE
Former President Donald Trumps Mar-a-Lago resort in Florida was searched by the FBI in 2022. (Getty Images)
John Yoo, a constitutional attorney, told Fox News Digital that the question of the constitutionality of special counsel has been debated for over 20 years. “We’ve been thinking and talking about this, these people who specialize in the Appointments Clause. The courts have generally been deferential to the Justice Department and how they want to appoint different lawyers.”
“But I think because of how aggressive Jack Smith has been, he prompted close scrutiny from the courts,” said Yoo.
Ed Meese, the former Attorney General under President Ronald Reagan, filed a number of amicus briefs in Jack Smith’s cases against Trump arguing that Smith is “improperly appointed” and “has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos.”
While Garland cited as statutory authority for this appointment, Meese 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.”
“Second, even if one overlooks the absence of statutory authority for the position, there is no statute specifically authorizing the Attorney General, rather than the President by and with the advice and consent of the Senate, to appoint such a Special Counsel,” the former AG wrote.
U.S. President Donald Trump awards the National Medal of Freedom to former Attorney General Edwin Meese during a ceremony in the Oval Office at the White House October 08, 2019 in Washington, DC. (Photo by Chip Somodevilla/Getty Images)
In a statement to Fox News Digital, Meese said “We are very glad that the court moved to emphasize the importance of the Constitution in making sure that the special counsel’s appointment constitutional standards.”
“I congratulate Judge Cannon for her courage and constitutional ability,” he said.
Yoo said Cannon’s decision is “a very thorough, strongly reasoned, persuasive opinion [that] goes through the history of special counsels and all the statutes that are involved.”
“This decision is very well-reasoned and very well-written,” said John Shu, a constitutional attorney who served in both Bush administrations. “It’s not surprising because Congress intentionally allowed the independent counsel statute, which the Supreme Court found constitutional, to lapse, and they never replaced or amended it.”
“And thus Congress, through it’s inaction, just allowed the regulatory agency, in this case the DOJ, to go ahead and promulgate its own regulations in place of an actual enabling statute,” he explained.
LUNA’S BID TO FORCE GARLAND TO HAND OVER BIDEN-HUR TAPES FAILS IN HOUSE
Former President Donald Trump holds a rally in the historically Democratic South Bronx on May 23, 2024 in New York City. (Spencer Platt/Getty Images)
Monday’s decision is the latest in a string of legal victories for the former president. Earlier this month, the Supreme Court ruled that he and future presidents are granted limited immunity from prosecution for official acts in office. That decision directly impacted Smith’s separate case against Trump related to the January 6, 2021 Capitol riot.
In a separate concurrence to the immunity decision, Justice Clarence Thomas looked to “highlight another way in which this prosecution may violate our constitutional structure” – the appointment of Jack Smith as special counsel.
“In this case, there has been much discussion about ensuring that a President ‘is not above the law.’ But, as the Court explains, the President’s immunity from prosecution for his official acts is the law. The Constitution provides for ‘an energetic executive,’ because such an Executive is ‘essential to… the security of liberty,’” Thomas wrote.
“Respecting the protections that the Constitution provides for the Office of the Presidency secures liberty. In that same vein, the Constitution also secures liberty by separating the powers to create and fill offices. And, there are serious questions whether the Attorney General has violated that structure by creating an office of the Special Counsel that has not been established by law,” Thomas said, adding that “[t]hose questions must be answered before this prosecution can proceed.”
Thomas explained that in this case, the attorney general “purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States.”
“But, I am not sure that any office for the Special Counsel has been ‘established by Law,’ as the Constitution requires. By requiring that Congress create federal offices ‘by Law,’ the Constitution imposes an important check against the President – he cannot create offices at his pleasure,” he said.
Should the Justice Department appeal Cannon’s decision, the Supreme Court could eventually be petitioned to weigh in on the matter.
“All of these cases seem to be collapsing of their own weight, and it’s because of lawfare,” said Jim Trusty, a former federal prosector and former lawyer for President Trump.
“This is the price of lawfare when you create different crimes and different investigative approaches, and you do it all in the name of self-righteousness that Donald Trump needs to be stopped, which is really the philosophy behind all these prosecutions.”
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Southeast
Rep. Marjorie Taylor Greene to appear on ’60 Minutes’ ahead of exit from Congress
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Rep. Marjorie Taylor Greene will appear on CBS News’ “60 Minutes” ahead of her expected departure from Congress next month.
On Friday, “60 Minutes” teased the interview with Lesley Stahl that will air Sunday, touting Greene’s first sit-down interview since she announced her exit last month.
Greene shocked the political landscape when she revealed she would leave Congress Jan. 5. Many believe her abrupt exit was the result of her soured relationship with President Donald Trump.
MARJORIE GREENE SAYS TRUMP’S ‘TRAITOR’ LABEL COULD PUT HER LIFE IN DANGER
Rep. Marjorie Taylor Greene, R-Ga., will appear on Sunday’s installment of “60 Minutes,” marking her first interview since she announced her exit from Congress in January. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Greene previously sat down with Stahl in April 2023, when the two had a fiery exchange over the congresswoman’s claim that Democrats are the “party of pedophiles.”
“They are not pedophiles. Why would you say that?” Stahl exclaimed.
“Democrats support — even Joe Biden, the president himself — supports children being sexualized and having transgender surgeries. Sexualizing children is what pedophiles do to children,” Greene said.
“Wow,” Stahl reacted.
MARJORIE TAYLOR GREENE STUNS ‘60 MINUTES’ HOST LESLEY STAHL WITH ‘PEDOPHILES’ ATTACK ON DEMOCRATS: ‘WOW’
“60 Minutes” correspondent Lesley Stahl sighed during a tense exchange she had with Rep. Marjorie Taylor Greene, R-Ga., over her claim that Democrats were the “party of pedophiles” in an April 2023 interview. (Screenshots/CBS News)
JIMMY KIMMEL WELCOMES FORMER TRUMP ‘SUPERFAN’ MTG TO ‘REALITY’ AMID ONGOING FEUD
The Georgia lawmaker, once an outspoken Trump supporter, has been on a media tour that has included multiple CNN hits and an appearances on CBS News and ABC’s “The View,” largely focused on her criticism of the Trump administration’s handling of the Jeffrey Epstein files and her criticisms on healthcare and foreign policy in recent months.
There had been speculation that Greene’s feud with Trump stems from reports that he had privately discouraged her from running for Senate in 2026 amid polling that suggested she’d be defeated by Georgia’s Democratic incumbent Sen. Jon Ossoff, D. Greene denies those claims.
In a lengthy statement posted to X, Greene cited her growing disillusionment with Washington politics, blasting what she called a corrupt “Political Industrial Complex” that she said uses Americans as “pawns in an endless game of division.”
“Americans are used by the Political Industrial Complex of both political parties, election cycle after election cycle, in order to elect whichever side can convince Americans to hate the other side more,” Greene wrote. “And the results are always the same — nothing ever gets better for the common American man or woman.”
President Donald Trump withdrew her endorsement of Rep. Marjorie Taylor Greene, R-Ga., previously one of his most outspoken supporters. (Andrew Caballero-Reynolds/AFP via Getty Images)
Greene said she “never fit in” in Washington and was leaving Congress to “fight for the people of this country in a different way.”
“I believe in term limits and do not think Congress should be a lifelong career or an assisted living facility,” Greene wrote. “My only goal and desire has ever been to hold the Republican Party accountable for the promises it makes to the American people and put America First, and I have fought against Democrats’ damaging policies like the Green New Deal, wide open deadly unsafe border policies, and the trans agenda on children and against women.”
She made her announcement days after Trump withdrew his endorsement for her, calling Greene “wacky” and “a ranting lunatic.”
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Southeast
Rev. Franklin Graham delivers Kentucky flood survivors new homes for Christmas: ‘We can finally breathe’
Standing in the snow on an eastern Kentucky mountaintop Friday, Rev. Franklin Graham dedicated 18 newly constructed homes in Jesus’ name to families who lost everything in the region’s catastrophic 2022 floods. It was a moment survivors described as the first real breath of relief they’ve had in three years.
“This is Franklin Graham,” he says in an exclusive video to Fox News Digital. “Terrible floods here a few years ago just destroyed hundreds of homes. Well, today we are dedicating 18 houses that are finished and ready for people to move in.”
The homes are part of the new Chestnut Ridge subdivision, a 57-lot neighborhood built from scratch by Samaritan’s Purse and an army of volunteers.
“We’re grateful to God,” Graham added. “We couldn’t do this without the partners who provided land, the finances, the volunteers. These people are going to be in their homes for Christmas.”
CHIP CARTER MARVELS AT BIPARTISANSHIP HE WITNESSED AT HABITAT FOR HUMANITY, FATHER’S FUNERAL
Rev. Franklin Graham shares a lighthearted moment with Paul Johnson, a home recipient who can now register for a lung transplant with a permanent address after years of being displaced from flooding. (Courtesy of Samaritan’s Purse)
Flood survivor Lora Honycutt described the moment she stepped into her new house in a raw, unfiltered way captured on video.
“When I walk in this house here … the floors are not sinking,” Honeycutt said, wiping her eyes. “Even the smell is different. … I can’t describe the feeling.”
She added through tears, “These are happy tears. … These are happy tears.”
Video clips showed families breaking down as they crossed thresholds, their first structurally sound homes since the deadly floods destroyed entire communities three years ago.
For Paul Johnson, the dedication was life-changing. When the floods wiped out his home, he lost the permanent address required to stay on his lung transplant list.
“I was taken off the list when I moved into an RV. After today, I can get back on the transplant list,” Johnson said. “This home exceeds anything I expected. It’s beautiful. I feel very blessed. It’s a great day.”
SAMARITAN’S PURSE RACES TO HELP JAMAICA AFTER CATEGORY 5 HURRICANE MELISSA DESTRUCTION: ‘NOT BEEN FORGOTTEN’
The Chestnut Ridge subdivision in eastern Kentucky has 18 homes for survivors of 2022 floods that devastated the region. (Courtesy of Samaritan’s Purse)
The Chestnut Ridge homes have two, three or four bedrooms with one notable exception. A family with 10 children has the only home in the new subdivision with five bedrooms after spending 1,128 nights crammed into two campers since losing everything in the floods.
“We were thankful to have a place to lay our heads,” the mother said, “but it was aggravating. We were all on top of each other.”
Looking around her new five-bedroom home, she couldn’t hold back.
“We’re so dumbfounded, I don’t know what to do,” she said. “We can breathe.”
A SEASON OF HOPE: T2T’S GIFT OF INDEPENDENCE AND DIGNITY FOR INJURED HEROES
Rev. Graham of Samaritan’s Purse and dedicated 18 homes in eastern Kentucky for survivors of 2022’s deadly floods. (Courtesy of Samaritan’s Purse)
Former U.S. Ambassador Kelly Craft and her husband, Joe, the CEO of coal mining company Alliance Resource Partners, donated the land on which the new neighborhood was built.
Graham also praised employees at the Lowe’s in Hazard, Kentucky, some of whom volunteered on construction crews.
Samaritan’s Purse has now constructed nearly 100 homes across Kentucky, from tornado-ravaged Mayfield to the devastated communities of the east.
Crews are also rebuilding in North Carolina, which continues to reel from Hurricane Helene.
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As snow fell across the mountaintop, Graham prayed over families receiving their brand-new houses, no longer haunted by the memories of 2022’s floods.
“We give God the glory, and we praise Him and, of course, these people are going to be in their homes for Christmas,” Graham said as he looked over the row of new homes.
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Southeast
Wounded National Guardsman beginning to ‘look more like himself,’ remains in acute care: West Virginia gov
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The National Guardsman who was injured after being shot last week in Washington, D.C., is starting to “look more like himself,” West Virginia’s governor said, relaying a message from his parents.
Gov. Patrick Morrisey provided the update Friday evening before attending a prayer vigil in Andrew Wolfe’s honor at Musselman High School in Berkeley County, W.Va., where the recovering 24-year-old graduated from, according to WUSA9.
“His parents report that his head wound is slowly healing and that he’s beginning to ‘look more like himself,” Morrisey said in a statement.
“Overall, the family expects that Andy will be in acute care for another 2-3 weeks but have been optimistic about his progress,” the Republican governor added. “We continue to ask all West Virginians and Americans for their prayers! They are making a difference!”
AFGHAN EVACUEE ARRESTED BEFORE DC SHOOTING FEDERALLY CHARGED WITH THREATENING TERROR ATTACK
The family of National Guardsman Andrew Wolfe, inset, are “optimistic about his progress” after he was shot last week in Washington, D.C., West Virginia Gov. Patrick Morrisey said Friday. In the background, on Dec. 4, 2025, the flag on the south lawn of the White House flies at half staff in honor of Sarah Beckstrom of the West Virginia National Guard, who was killed in the attack. (Chip Somodevilla/Getty Images; Department of Justice)
The vigil began Friday with a moment of silence for National Guard member Sarah Beckstrom, a 20-year-old who was killed in the Nov. 26 shooting, WUSA9 reported.
Speaking about Wolfe, Morrisey said, “You are not alone. South Berkeley stands with you, and West Virginia and the whole country are praying for you,” the station added.
During an appearance on “Fox & Friends” on Friday, Attorney General Pam Bondi described Wolfe as a “miracle” who is now “able to open both eyes.”
SENATE REPUBLICANS DEMAND VETTING OVERHAUL AFTER SHOOTING OF NATIONAL GUARD MEMBERS
Undated file photo of Rahmanullah Lakanwal, the suspect in the shooting of two National Guard soldiers in Washington, D.C. (Provided by Department of Justice)
“Please continue to pray for Andy. I saw Andy. I’ve met with his mom. I talked to his mom constantly, Melody. His dad, Jason. He has a sister, a brother, an eight-month-old niece. They’re all in the hospital with him,” Bondi said Friday.
“He’s a miracle. From day one, his mother, Melody said, ‘My son is going to live. My son is going to be 100%.’ And I can say this because the parents let me. I was there when the doctors all came in the room after they had done an angiogram. He has no blood clots. He’s a miracle. And now he’s able to open both eyes,” Bondi added.
People gather on Friday, Nov. 28, 2025, for a vigil in Webster Springs, W.Va., in honor of National Guard member Sarah Beckstrom, one of two National Guard members who were shot in Washington, D.C. (Kathleen Batten/AP)
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The suspected shooter is Rahmanullah Lakanwal, a 29-year-old Afghan national. He faces charges of first-degree murder and two counts of assault with intent to kill while armed.
Fox News Digital’s Stephen Sorace and Alexandra Koch contributed to this report.
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