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
FBI disrupts alleged ISIS-inspired New Year’s Eve attack plot targeting NC grocery store, fast food restaurant
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FIRST ON FOX – The FBI disrupted an alleged plot to attack people inside a grocery store and fast food restaurant in North Carolina on New Year’s Eve in support of the Islamic State terrorist group, prosecutors revealed Friday.
Christian Sturdivant, 18, of Mint Hill — a town outside Charlotte — was arrested and charged with attempting to provide material support to a foreign terrorist organization, U.S. Attorney for the Western District of North Carolina Russ Ferguson said.
“The FBI and our partners continued working 24/7 over the holidays protecting the American people, and this case out of Charlotte foiling another alleged New Years Eve attacker is the latest example of their tremendous work,” FBI Director Kash Patel said in a statement to Fox News Digital. “Our teams quickly identified the threat and acted decisively — no doubt saving American lives in the process. Thanks to our Joint Terrorism Task Force and regional partners both in New York and Western North Carolina for their efforts.”
GLOBAL WAVE OF TERROR PLOTS SPARKS NEW ALARMS OVER THE WEST’S GROWING VULNERABILITY
Christian Sturdivant, the 18-year-old suspect from Mint Hill, N.C., who is accused of plotting an attack on New Year’s Eve in support of ISIS. (Gaston County Sheriff’s Office)
Prosecutors said the alleged plot was foiled after Sturdivant recently began communicating online with an individual he “believed to be affiliated with ISIS but in reality was a government online covert employee,” who is referred to in a criminal complaint as “OC.” In one of the communications on Dec. 14, Sturdivant allegedly sent the OC an image of two hammers and a knife.
“During his online communications with the OC, Sturdivant said, ‘I will do jihad soon,’ and proclaimed he was ‘a soldier of the state,’ meaning ISIS,” the U.S. Attorney’s Office said.
“In subsequent online communications with the OC, Sturdivant indicated that he planned to attack a specific grocery store in North Carolina and discussed plans to purchase a firearm to use along with the knives during the attack,” it added.
Prosecutors said law enforcement seized from Sturdivant’s bedroom “a blue hammer, a wooden-handled hammer, and two butcher knives hidden underneath the defendant’s bed.” On the right is a note titled, “New Years Attack 2026,” that prosecutors said law enforcement found during a Dec. 29, 2025 search of Sturdivant’s residence in Mint Hill, N.C. (United States Attorney’s Office for the Western District of North Carolina)
Ferguson said during a press conference on Friday that the attack was planned to take place in Mint Hill and the suspect worked at a Burger King.
“He talked about where he was planning to do this attack, which was at a grocery store and a fast food restaurant in Mint Hill. Places that we go every day and don’t think that we may be harmed,” Ferguson added.
“He was preparing for jihad, and innocent people were going to die. And we were very, very fortunate they did not,” Ferguson also said, later adding, “I can tell you from his notes he was targeting, Jews, Christians and LGBTQ individuals.”
TEXAS MAN CHARGED WITH ATTEMPTING TO PROVIDE MATERIAL SUPPORT TO ISIS IN FEDERAL TERRORISM CASE
Law enforcement seized from Sturdivant’s bedroom a list of targets, as well as tactical gloves and a vest allegedly acquired as part of his planned attack. (United States Attorney’s Office for the Western District of North Carolina)
Attorney General Pam Bondi said in a statement that, “This successful collaboration between federal and local law enforcement saved American lives from a horrific terrorist attack on New Year’s Eve.”
“The Department of Justice remains vigilant in our pursuit of evil ISIS sympathizers — anyone plotting to commit such depraved attacks will face the full force of the law,” she continued.
Prosecutors said a law enforcement search of Sturdivant’s residence on Dec. 29 uncovered various handwritten documents, one of which was titled “New Years Attack 2026,” and “listed, among other things, items such as a vest, mask, tactical gloves, and two knives allegedly to be used in the attack.”
“It also listed a goal of stabbing as many civilians as possible and [the] total number of victims as 20 to 21. The note also included a section listed as ‘martyrdom Op,’ with a plan to attack police that arrived at the site of the attack so the defendant would die a martyr,” the Attorney’s Office continued. “In addition, law enforcement seized from Sturdivant’s bedroom a blue hammer, a wooden handled hammer, and two butcher knives hidden underneath the defendant’s bed.”
Sturdivant remains held in federal custody, and if convicted, he faces a statutory maximum sentence of 20 years in federal prison, prosecutors said.
“The FBI’s mission is to protect the American people, and this case demonstrates our dedication to do everything we can to protect the residents of North Carolina. We worked closely with the Department of Justice, NYPD, Mint Hill Police Department, and our FBI Joint Terrorism Task Force partners to investigate and disrupt this serious threat of a violent attack. We will never stop working to hold people accountable who seek to harm and terrorize our community,” said James C. Barnacle, Jr., special agent in charge of the FBI’s Charlotte Field Office.
Sturdivant allegedly posted an image in early December depicting two miniature figurines of Jesus with the on-screen text that included “May Allah curse the cross worshipers,” according to court documents. (United States Attorney’s Office for the Western District of North Carolina)
The Attorney’s Office, citing the criminal complaint, said on Dec. 18, the FBI in Charlotte “received information that an individual later identified as Sturdivant was making multiple social media posts in support of ISIS, a designated foreign terrorist organization.”
“In one social post in early December 2025, Sturdivant posted an image depicting two miniature figurines of Jesus with the on-screen text that included ‘May Allah curse the cross worshipers.’ The post is allegedly consistent with ISIS historic practice calling for the extermination of all non-believers, including Christians and other Muslims who do not agree with the terrorist organization’s extreme ideology,” the Attorney’s Office added.
Barnacle said at a press conference on Friday that Sturdivant first came to the FBI’s radar in January 2022, when he was still a juvenile.
“He was in contact via social media with an unidentified ISIS member overseas. Sturdivant received direction from this unidentified ISIS member to dress in all black, knock on people’s doors, and attack them with a hammer. In fact, Sturdivant did dress in all black. He left this house with a hammer, and fortunately his family stepped in,” Barnacle continued. “No charges were filed at that time. He was referred for psychological care, and he underwent psychological care.”
“This investigation highlights the very real threat posed by people who self-radicalized online and are inspired by jihadist ideologies espoused by foreign terrorist organizations,” Barnacle also said.
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“We rely on the communities we serve and encourage the public to contact law enforcement when they see or hear something that doesn’t seem right. I also have this personal message – if your child, relative, friend, or neighbor is sliding into a dangerous ideology, you’ll be the first to see it. And together we can stop it. The threats we face are bigger than any one law enforcement or intelligence agency, requiring everyone who hears this message to work together to keep people safe,” he added.
Fox News’ David Spunt contributed to this report.
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Southeast
Redistricting battles brewing across the country as parties compete for power ahead of 2026 midterms
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Ahead of the rapidly approaching 2026 midterms, Republicans and Democrats in states across the country are engaged in heated redistricting battles. What started with Texas’ effort to redraw its congressional map earlier in 2025 has led to other states, including California and Missouri, to do the same.
Now, redistricting battles are shaping up in Florida, Illinois, Kansas, Maryland and Virginia.
Florida
Florida Republicans are engaged in a fight over the creation of a House map that has the potential to net the GOP several seats, The Hill reported. Currently, Republicans hold 20 of Florida’s 28 congressional districts.
Despite the fact that a Florida House redistricting panel has already met twice to begin the process, Gov. Ron DeSantis, R-Fla., and state Senate Republican leadership appear to be interested in holding off on the discussion until a special session in spring. However, some fear that this could be too late, as April 20 is the deadline for federal candidates to qualify and file paperwork.
Florida Republicans are also facing challenges because of language in the state’s constitution that puts tight restrictions on gerrymandering, NBC News noted.
INDIANA SENATE REPUBLICANS REJECT TRUMP-BACKED REDISTRICTING PUSH, DECLINE TO MEET IN DECEMBER
Florida Republicans face challenges due to language in the state’s constitution that puts tight restrictions on gerrymandering. ( Kent Nishimura/Bloomberg via Getty Images)
Illinois
Democrats could possibly pick up more seats in Illinois, but the move has gained little ground. Black lawmakers have expressed concerns that a new map could undermine minority representation, according to NBC News.
Gov. JB Pritzker, D-Ill., said his state could be forced to respond if neighboring Indiana were to move forward with its own redistricting effort. However, he later applauded Indiana when it rejected a new map.
“Our neighbors in Indiana have stood up to Trump’s threats and political pressure, instead choosing to do what’s right for their constituents and our democracy,” Pritzker wrote on X. “Illinois will remain vigilant against his map rigging — our efforts to respond and stop his campaign are being heard.”
After Indiana rejected their map, Illinois state Sen. Willie Preston, D, urged Pritzker to drop the idea, The Hill reported, noting that others have suggested that the Prairie State is still mulling the move.
Jon Maxson, a spokesperson for Illinois House Speaker Emanuel Chris Welch, told The Hill in an email that “all options remain on the table in Illinois.”
Illinois faces a larger issue, as the November candidate filing deadline has already passed.
Trump once said aboard Air Force One he could invoke the Insurrection Act to tackle violent crime in Chicago and urged Pritzker to “beg for help,” escalating their political standoff. (Saul Loeb/AFP via Getty Images; Talia Sprague/Bloomberg via Getty Images)
TRUMP’S REDISTRICTING PUSH GAINS STEAM IN ANOTHER KEY STATE: ‘WE WILL STAND WITH THE PRESIDENT’
Kansas
Kansas is the other major redistricting target for Republicans.
GOP lawmakers in the Sunflower State have said that they would discuss redrawing the map when they reconvene this month. However, just last year, lawmakers tried but failed to bring the issue forward.
Kansas Republicans need two-thirds support in the Legislature to hold a special session to address the map. While State House members didn’t have enough support for the issue, Republicans were able to secure enough signatures in the state Senate, The Hill reported. Additionally, they will need to override a veto by Democratic Gov. Laura Kelly.
Kelly recently told the Kansas Reflector that she would be “surprised if they even really bring it up.”
“I don’t think a lot has changed in terms of where legislators stand on the issue,” she added.
In November, Kansas Senate President Ty Masterson (R), who’s running for Kansas governor, claimed in a statement that “California Democrats are working overtime to silence Republicans and steal the House majority.”
“Even Governor Laura Kelly admitted that there’s a bigger risk in doing nothing. On that, we agree. States across America are standing up, and Kansas will be part of that fight,” he added.
Maryland Gov. Wes Moore holds a press conference in Oct. 2025 outside the State House in Annapolis, Maryland. (Kim Hairston/The Baltimore Sun/Tribune News Service via Getty Images))
SCOTUS ALLOWS TEXAS TO USE TRUMP-PUSHED REDRAWN CONGRESSIONAL REDISTRICTING MAP FAVORING REPUBLICANS
Maryland
Maryland Democrats have resisted pressure to redraw maps. In November, Gov. Wes Moore, a Democrat, formed a redistricting commission to explore the issue despite a lack of appetite for the move within his own party. The commission voted in secret to move forward with the plan, to the dismay of Democrat critics.
Maryland Senate President Bill Ferguson, a Democrat, has been a vocal opponent of redistricting.
“The overwhelming majority do not want a new congressional map,” Ferguson said in a statement, according to The Hill. “They want their government focused on fostering growth, affordability, and real protections against this lawless federal Administration.”
The commission is asking the public about congressional map proposals ahead of the state’s Feb. 24 candidate filing deadline.
Virginia Democratic gubernatorial candidate, former Rep. Abigail Spanberger celebrates as she takes the stage during her election night rally at the Greater Richmond Convention Center on Nov. 4, 2025. (Win McNamee/Getty Images)
Virginia
In late October, just before the state’s gubernatorial election, Virginia Democratic lawmakers took a major first step in a complex political maneuver aimed at redrawing the state’s congressional map.
Democrats were able to pass an amendment to the state’s Constitution to allow lawmakers to temporarily redistrict mid-decade by 2030, The Hill noted. The amendment will need to be passed again in the spring or summer before voters can have their say. The lawmakers now have the help of additional Democrats in the state’s Legislature following the November 2025 elections.
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“Our congressional delegation is 6-5 — six Democrats, five Republicans. Ten-1 is not out of the realm,” Virginia House Speaker Don Scott said in early December, according to NBC News.
If voters approve of the referendum, lawmakers would be able to pass a new map ahead of the 2026 midterms. The Hill noted that Republicans are highly likely to challenge a new map in court.
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Southeast
What we know about the alleged ISIS-inspired New Year’s Eve terror suspect
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The suspect accused of plotting a New Year’s Eve attack on a grocery store and fast-food restaurant in North Carolina worked at a Burger King and hid knives and hammers under his bed despite his grandparents trying to secure the potential weapons, prosecutors revealed Friday.
Christian Sturdivant, 18, of Mint Hill, a town outside Charlotte, was arrested and charged with attempting to provide material support to a foreign terrorist organization, U.S. Attorney for the Western District of North Carolina Russ Ferguson said.
“What we do know is that the grandfather secured the knives in the home, secured the hammers, tried to make sure that Mr. Sturdivant did not have them. And, yet, when we executed the search warrant, they were found under his bed,” Ferguson told reporters at a news conference Friday.
Ferguson added the attack was planned to take place in Mint Hill, and the suspect worked at a Burger King.
FBI DISRUPTS ALLEGED ISIS-INSPIRED NEW YEAR’S EVE ATTACK PLOT TARGETING NC GROCERY STORE, FAST-FOOD RESTAURANT
Christian Sturdivant, the 18-year-old suspect from Mint Hill, N.C., accused of plotting an attack on New Year’s Eve in support of ISIS. (Gaston County Sheriff’s Office)
“He was preparing for jihad, and innocent people were going to die. And we were very, very fortunate they did not,” Ferguson said. “I can tell you from his notes he was targeting Jews, Christians and LGBTQ individuals.”
James C. Barnacle, Jr., special agent in charge of the FBI’s Charlotte Field Office, said Friday that Sturdivant first caught the bureau’s attention in January 2022, when he was still a juvenile.
FBI NABS FLORIDA MAN WITH ALLEGED PLAN TO LIVESTREAM NEO-NAZI TERROR ATTACK, GRAPHIC SIGNAL MESSAGES RECOVERED
Prosecutors said “law enforcement seized from Sturdivant’s bedroom a blue hammer, a wooden-handled hammer and two butcher knives hidden underneath the defendant’s bed.” On the right is a note titled, “New Years Attack 2026,” that prosecutors said law enforcement found during a Dec. 29, 2025, search of Sturdivant’s home in Mint Hill, N.C. (United States Attorney’s Office for the Western District of North Carolina)
“He was in contact via social media with an unidentified ISIS member overseas. Sturdivant received direction from this unidentified ISIS member to dress in all black, knock on people’s doors, and attack them with a hammer. In fact, Sturdivant did dress in all black. He left this house with a hammer, and fortunately his family stepped in,” Barnacle continued. “No charges were filed at that time. He was referred for psychological care, and he underwent psychological care.
“Christian Sturdivant pledged his loyalty to ISIS and committed himself to commit to killing Americans on New Year’s Eve.
“Law enforcement also seized from Sturdivant’s bedroom a list of targets, as well as tactical gloves and a vest, acquired as part of the defendant’s planned attack,” prosecutors said. (United States Attorney’s Office for the Western District of North Carolina)
“We do have some intelligence that he was looking at a grocery store because there would be a lot of people there. He knew there would be a lot of people there grocery shopping. … He was looking for a high-profile place,” Barnacle added.
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“There’s a couple grocery stores in Mint Hill. He wasn’t set on just one. He was looking at multiple, whichever one had the most people in it.”
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