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Florida OnlyFans model charged with Bitcoin boyfriend's murder gets break in court

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If you or someone you know is the victim of domestic abuse, please call the National Domestic Violence Hotline at 800-799-7233.

Miami prosecutors have dropped computer hacking charges against a bikini model and her parents in the stabbing death of her boyfriend in a luxury high-rise apartment.

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Courtney Clenney, a 28-year-old OnlyFans model with an Instagram following of nearly 2 million, has been in custody since August 2022 after allegedly stabbing her boyfriend Christian Obumseli, 27, in the heart.

The slaying was initially considered self-defense, but investigators continued to dig after vocal concerns from Obumseli’s family.

ONLYFANS MODEL ACCUSED IN MIAMI MURDER PICTURED WITH TAPED KNUCKLES, BLOODY ELBOW AFTER VIDEO MELTDOWN

Courtney Clenney and Christian Obumseli pose for a photo in Palm Springs, Calif., Aug. 14, 2021. Clenney is accused of stabbing Obumseli to death in April 2022. (Dexter Coffman)

Prosecutors later tacked on computer hacking charges against Clenney and her parents after reviewing communications between her dad and her defense team.

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But those charges were dropped after the judge ruled the prosecution’s use of those communications violated attorneny-client privilege. 

Jude Faccidomo, the Clenney family’s defense attorney in the hacking case, said the Miami State Attorney’s Office should recuse itself from the case after reading the materials because it involved private defense strategy with Courtney Clenney’s other lawyers.

ONLYFANS MURDER: SUSPECT’S ‘CRIME FAMILY’ PARENTS HACKED INTO VICTIM’S LAPTOP, WARRANTS ALLEGE

Deborah Clenney and Kim Clenney smile as their attorney Jude Faccidomo speaks to the press

Deborah Clenney and Kim Clenney smile as their attorney, Jude Faccidomo, speaks to the press in Coconut Grove, Fla., Feb. 7, 2024. (Alon Skuy for Fox News Digital)

A spokesperson for the Miami-Dade State Attorney’s Office said investigators were not aware of an attorney-client relationship between Clenney’s parents and Prieto.

“Judge Laura Cruz found that prosecutors were unaware that attorney Frank Prieto represented Kim and Deborah Clenney since a retainer agreement hiring him was only produced after their arrest,” Ed Griffith, the spokesperson, said in a statement. “Additionally, attorney Prieto never publicly indicated that he represented Kim and Deborah Clenney, only their daughter.”

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Police read the texts, saw evidence of a crime and shared it with prosecutors, he said. However, after the judge’s decision, they had to be dropped.

Illustration shows text conversation in iPhone

Excerpts from a group text conversation between Courtney Clenney’s parents and her attorneys are recreated in an illustration. (Fox News Digital)

Kim Clenney, 60, and Deborah Clenney, 57, are her father and mother.

The parents are accused of discussing PIN and password options in a group text with four of their daughter’s lawyers — Frank Prieto, Sabrina Puglisi, Manuel Recio and Pamela Corvalan, who allegedly obtained the login details from the jailed murder suspect.

Neither Prieto nor his office responded to requests for comment Friday.

“Will you be sending the laptop PIN ideas so we can try them before you see her again?” Kim Clenney wrote to the group Sept. 26, 2022, according to a warrant for his arrest in Texas.

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“Good evening guys. I have a couple that I can forward to you tomorrow,” Prieto replied. Four days later, the father wrote back, “Hell yeah! That PIN worked!”

Only Fans model, Courtney Clenney in red lingerie

Courtney Clenney poses for a photo in Aspen, Colo., Feb. 2, 2022. (@dextercoffman)

Prieto previously told Fox News Digital there was “clear evidence of self-defense” and that Obumseli had choked Clenney in the moments before the stabbing.

“Courtney had no choice but to meet force with force,” he said. 

The couple had a fiery relationship, friends told Fox News Digital. Although they claimed Clenney was often the aggressor. Even though she sought a restraining order against Obumseli before his death, videos have emerged of her screaming at him, hitting him and using racial slurs.

WATCH: OnlyFans model seen attacking boyfriend on Aspen ‘content’ trip months before stabbing him

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The two met during a trip to Tulum, Mexico, and began dating after they returned to the U.S. They relocated from Austin, Texas, to Miami, where Clenney pursued her OnlyFans modeling career and Obumseli traded cryptocurrency and became her manager.

In a February 2022 video recorded during a trip to Aspen, Colorado, and made public this January, Clenney shouted at and repeatedly struck Obumseli in front of someone who recorded the encounter.

She blamed Obumseli for her own drinking, telling him he was “fired” and screaming at him to leave. She also accused him of costing her money and flirting with other women. Less than two months later, she allegedly stabbed him to death.

Woman in red prison garb with pink handcuffs

OnlyFans model Courtney Clenney sits in the courtroom during a hearing at the Richard E. Gerstein Justice Building in Miami Dec. 8, 2022. (Pool via Miami Herald)

FLORIDA MAN DEAD, MODEL LOVER FOUND SOAKED IN BLOOD

Lawyers for Obumseli’s family say a long trail of evidence shows Clenney was the manipulative abuser with a history of domestic violence, not him.

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Exclusive photos obtained by Fox News Digital show that in a photo shoot from later on the same trip, she had blood on her arm and taped fingers on her right hand.

ONLYFANS MODEL COURTNEY CLENNEY PLEADED WITH MIAMI POLICE FOR HELP DAYS BEFORE BOYFRIEND’S MURDER: REPORT

Courtney Clenney and Christian Obumseli pose for a photo in Palm Springs, California

Courtney Clenney and Christian Obumseli pose for a photo in Palm Springs, Calif., Aug. 14, 2021. (Dexter Coffman)

At another point during the trip, Obumseli showed up with a fresh stitch on his face, according to a mutual friend.

“Christian was a very large guy, and he could’ve easily done damage if he wanted to, but he never fought back,” the friend told Fox News Digital. “He always would just take the abuse from her, and literally the video shows everything.”

FLORIDA MOM, ONLYFANS MODEL, DEFENDS FAMILY IN GUNFIGHT DURING ARMED HOME INVASION

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The blood-stained knife used to kill Obumseli.

A crime scene photo shows the serrated kitchen knife Clenney allegedly used to stab Obumseli to death. (Miami-Dade State Attorney’s Office)

Obumseli’s family is suing the building manager of the luxury condo where the couple lived and the security firm that allegedly stood outside the couple’s apartment doing nothing as the stabbing took place, Obumseli family attorney Kimberly Wald told Fox News Digital.

The family also has a pending lawsuit against Clenney.

She is facing a second-degree murder charge for her boyfriend’s death.

If you or someone you know is the victim of domestic abuse, please call the National Domestic Violence Hotline at 800-799-7233.

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The Associated Press contributed to this report.

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Meet the American who taught Jack Daniel to make whiskey: Nearest Green, Tennessee slave, master distiller

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Nathan Nearest Green rose from the inhumanity of slavery to lift American spirits around the world. 

Green lived in bondage in the years before the Civil War. He operated a farmhouse distillery for minister slave owner and grocery-store operator Dan Call in Lynchburg, Tennessee. 

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It was there that the middle-aged, African-American distiller taught a poor, hardworking and curious pre-teen Scots-Irish boy named Jack Daniel how to make whiskey on a barnyard still in backwoods America. 

FOX NATION’S NEW SERIES ‘MEET THE AMERICAN WHO’ TELLS OF ORDINARY AMERICANS WHO GAVE US EXTRAORDINARY INNOVATIONS

That boy opened Jack Daniel’s Distillery in 1866. He hired Green, newly emancipated a year earlier, as the operation’s first master distiller. 

“We think there was a special bond between Jack and Nearest and Jack and Nearest’s family,” Jack Daniel’s historian Nelson Eddy told Fox News Digital. 

Green’s descendants have worked at the distillery since its inception — they still help produce the whiskey today, more than 150 years later, he said. 

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Jack Daniel (center row, white hat, black vest) founded his eponymous distillery in 1866 after learning the craft from slave Nathan Nearest Green, who became his company’s first master distiller. There are no known pictures of Nearest Green, but his son, George, is seated to Daniel’s right (center of photo). Members of the Green family have worked at Jack Daniel’s Distillery throughout its history, including two descendants of Nearest Green today.  (Courtesy Jack Daniel’s Distillery)

Jack Daniel’s Tennessee sour-mash whiskey is the top-selling whiskey and most globally recognized spirit made in the United States. 

The Jack Daniel’s brand is so deeply and uniquely American it should have its own marching band, fight song and football team. 

“We think there was a special bond between Jack and Nearest.” — Jack Daniel’s historian Nelson Eddy

Yet the signature processes behind Jack Daniel’s, and Tennessee whiskey in general, include techniques, some experts argue, known in western Africa — where conquered tribesman, Green’s ancestors, were sold into slavery to Europeans and shipped around the world.

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Yes. Jack Daniel’s, like most everything profoundly American, boasts international influences.  

Old farm at Jack Daniel's Distillery

The old farm of Jack Daniel’s near the Jack Daniel’s whiskey distillery. Company founder Jack Daniel established his first distillery in 1866.  (Kyle Dean Reinford/picture alliance via Getty Images)

Green’s story has long been known to spirits historians and shared by the Jack Daniel’s Distillery. 

“It’s a story of Black and White working together — you can boil it down to something really that simple and really human,” Charles K. Cowdery, author of the book “Bourbon, Straight: The Uncut and Unfiltered Story of American Whiskey,” told Fox News Digital.

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But Green’s influence is gaining wider audience now, thanks in large part to Nearest Green Distillery in Shelbyville, Tennessee, which has earned critical acclaim for its products and praise for its devotion to whiskey history since opening in 2017.

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“Nearest Green is definitely the godfather of Tennessee whiskey,” Fawn Weaver, founder of Nearest Green Distillery, said in a 2019 interview with FOX Business.

Whiskey maker Uncle Nearest

Nathan Nearest Green was born around 1820 in Maryland, most likely in Baltimore. Little is known about his early life. 

Nelson Eddy

Nelson Eddy, Jack Daniel’s company historian, speaking in the old office of company founder Daniel on the grounds of the Jack Daniel’s distillery.  (Kyle Dean Reinford/picture alliance via Getty Images)

A more complete picture emerges in later years, as Green enjoyed emancipation in the wake of the Civil War.

“His friends and family called him Uncle Nearest,” according to research by Nearest Green Distillery. 

MEET THE AMERICAN WHO FOUGHT AND BLED AT THE ALAMO BUT LIVED TO TELL ITS HEROIC TALE: SLAVE JOE

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“’Uncle’ is a term that was used in Lynchburg as an indication of respect, for both Whites and Blacks at the time. Nearest was greatly respected in Lynchburg as a mentor and the best whiskey maker in the area.”

He appears to have enjoyed a full life in freedom. 

The 1880 census lists Green — written down as “Nearis” Green, most likely a misspelling — as 60 years old. It shows him married to Harriet, just 40, and with a full brood of nine children. 

Several of his children worked at Jack Daniel’s Distillery in its earliest days. 

“Nearest was greatly respected in Lynchburg as a mentor and the best whiskey maker in the area.” — NearestGreen.com

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He arrived at Dan Call’s Lynchburg farm sometime in the mid-1800s. Among other duties, he was charged with operating the farmhouse distillery. 

“It was a natural job for enslaved labor,” said Cowdery, referencing that period of time in America’s history. “It’s dirty and it’s hard and it’s dangerous.”

Jack Daniel's distiller Nathan Nearest Green was married with nine children, according to the 1880 census, which mistakenly lists him as "Nearis" Green. 

Jack Daniel’s distiller Nathan Nearest Green was married with nine children, according to the 1880 census, which mistakenly lists him as “Nearis” Green.  (Courtesy Jack Daniel’s Distillery)

Soon, Green would mentor a poor little boy in a relationship that would change the destinies of two families and shape the future of American spirits. 

‘He was a worker, like Nearest’

Jasper Newton “Jack” Daniel was born into freedom. But not ease.

The details of his early life are also unknown. He was born in Lynchburg around 1848, the youngest of 10 children.

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MEET THE AMERICAN WHO POPULARIZED LATIN MUSIC, TITO PUENTE, WORLD WAR II NAVY VETERAN AND KAMIKAZE SURVIVOR

Daniel’s mother died soon after he was born, no more than a few months later.

He was about 10 years old when he went to work for Minister Call; and he was around 15 when his father, serving in the Confederate army, died of pneumonia in 1863. 

Jack Daniels

A sculpture in front of a cave, from which the water for Jack Daniel’s whiskey flows, serves as a reminder of company founder Jack Daniel.  (Kyle Dean Reinford/picture alliance via Getty Images)

Jack Daniel was a teenage orphan. 

“He worked as a chore boy for the preacher ─ milking cows, feeding slop to the pigs, getting water from the springhouse and all the other things farm hands do,” according to NearestGreen.com. 

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The allure of the distillery captured his curiosity. He began working with Green, reportedly with the blessing of landowner Call.

“He wasn’t a privileged boy. He was a worker, like Nearest.” — NearestGreen.com. 

The poor White orphan boy and the enslaved middle-aged Black distiller proved a dynamic duo, by all accounts.

“He wasn’t a privileged boy. He was a worker, like Nearest,” reports NearestGreen.com. 

Green gave Daniel a master class on the intricacies of a spirit made only in America: sour-mash, charred-oak barrel-aged, charcoal-filtered corn whiskey.

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Tennessee whiskey, in other words. 

Charcoal mellowing

Jack Daniel’s whiskey is filtered through sugar-maple charcoal, which the distillery makes on site. Daniel learned the technique from slave distiller Nathan Nearest Green. Charcoal filtering is a technique believed by some to originate with traditional water-purifying methods in West Africa. (Courtesy Jack Daniel’s Distillery)

The processes that make it so smooth were all known by the 19th century and in many cases improved and perfected by enslaved distillers. 

Corn-based, sour-mash whiskey, aged on charred oak barrels, is common in most American whiskeys.

Tennessee whiskey is unique largely by one process: charcoal filtering. The distilled liquor is filtered through sugar-maple charcoal before it’s aged.

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“It’s believed by many whiskey and food historians to have been brought in by slaves, who were already using charcoal to filter their water and purify their foods in West Africa,” reports NearestGreen.com.

Jack Daniels bottles on a counter.

Jack Daniels is the top-selling whiskey made in America and a globally recognized U.S. brand. (Jakub Porzycki/NurPhoto via Getty Images)

Both Cowdery, the whiskey author, and Eddy, the company historian, dispute the African origins. 

Regardless, Tennessee whiskey requires intricate science and craftsmanship on a level remarkable in the 1800s for what was essentially backwoods moonshining. 

“I would consider Nearest a mentor for Jack … He was heavily influenced by Nearest in many ways.” — Nelson Eddy

Jack Daniel, the spirit namesake, appears to have learned it all from Nearest Green, according to distillery historian Eddy. 

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The two men developed a relationship deeper than just co-workers. 

MEET THE AMERICAN WHO FIRST RECORDED THE BLUES, NATION’S ORIGINAL POP DIVA MAMIE SMITH

“I would consider Nearest a mentor for Jack,” said Eddy. “I will tell you this, there was something more going on here. He was heavily influenced by Nearest in many ways.”

Green, known to play fiddle, reportedly fueled Daniel’s lifelong passion for music.

‘Bigger than whiskey’

Nathan Nearest Green died around 1890. His final resting place is unknown. No known picture of him exists. 

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But his impact is still felt around the world.

Nathan Nearest Green was an enslaved man who taught Jack Daniel how to make whiskey before the Civil War. Newly emancipated, he became the first master distiller for Jack Daniel's Distillery when it opened in 1866. Members of his family have worked for the distillery since its founding including, from left, Jerome Vance, Debbie Staples (recently retired) and Jackie Hardin.

Nathan Nearest Green was an enslaved man who taught Jack Daniel how to make whiskey before the Civil War. Newly emancipated, he became the first master distiller for Jack Daniel’s Distillery when it opened in 1866. Members of his family have worked for the distillery since its founding including, from left, Jerome Vance, Debbie Staples (recently retired) and Jackie Hardin. (Courtesy Jack Daniel’s Distillery)

Jack Daniel’s charcoal-mellowed sour-mash Tennessee whiskey is a prized symbol of excellence in American spirit-craft around the world. 

Green’s impact is most notably felt in Lynchburg. His family went on to become one of the biggest landowners in the region, according to Eddy. 

“There has never been drop of Jack Daniel’s made without a member of the Green family working somewhere in the company.” — Charles K. Cowdery

Two of his descendants, Jerome Vance and Jackie Hardin, still work at the distillery today. 

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Another, Debbie Staples, recently retired.

“There has never been a drop of Jack Daniel’s made without a member of the Green family working somewhere in the company,” said whiskey historian Cowdery. 

A Jack Daniel's distillery sign

23 Febuary 2018, USA, Lynchburg: The old office beside the Jack Daniel’s cave on the grounds of the Jack Daniel’s distillery.  (Photo by Kyle Dean Reinford/picture alliance via Getty Images)

Jack Daniel’s today is owned by international wine and spirits conglomerate Brown-Forman. It manages a vast complex of global trade, distribution and marketing logistics.

“It really is a huge company,” said Cowdery. “But at the distillery in Lynchburg, it really is local people working there for years. It has a very familial feel.”

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The relationship between Green and Daniel that made Tennessee whiskey an icon appears forged by a shared human bond: the struggles of orphan and slave. 

Jack Daniel's

Jack Daniel’s is the top-selling American whiskey. Its namesake learned to make Tennessee whiskey from enslaved distiller Nearest Green. (Getty Images/courtesy Jack Daniel’s Distillery)

“This story is bigger than whiskey,” said Eddy. 

“It’s the story of the relationship between two men, the distillery and two families.”

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Morgan Wallen postpones three shows at the last minute due to illness

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Morgan Wallen has postponed three shows just hours before he was supposed to hit the stage Friday at Raymond James Stadium in Tampa, Florida. 

On Friday, the country star — who is currently on his “One Night At A Time” tour — took to social media to announce the cancelation of his July 12 concert in Tampa, as well as his July 18 and 19 shows in Charlotte, North Carolina, due to an illness. 

“I hate to reschedule shows but I powered through being sick in Tampa [Thursday] night, and unfortunately woke up feeling way worse today [Friday],” he posted on X. 

Morgan Wallen has worked to rehabilitate his image, but has certainly struggled. (Derek White/Penske Media via Getty Images)

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Wallen admitted, “I would not give you guys anywhere near 100%” if he were to try to continue with his concerts, which will now take place on future dates. He informed fans, “As a result [of this news], I need to move [Friday’s] Tampa show to Oct. 4 and next week’s Charlotte shows to Oct. 18 and 19.”

A rep for Wallen did not immediately respond to Fox News Digital’s request for comment. 

MORGAN WALLEN CANCELS CONCERT AFTER OPENING ACT, FANS FURIOUS

Not too long after his announcement, Jelly Roll — who was expected to take the stage ahead of Wallen — told fans he was “working hard” to figure out a solution. 

“Dear Tampa – I am working hard to put together something for y’all somewhere tonight – stay tuned,” he wrote on X. 

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Later, he posted: “TAMPA! Dallas Bull tonight — doors open at 7pm. If you have a ticket to the show you get in for free. (This is for ticket holders only) FIRST COME FIRST SERVE.”

This isn’t the first time Wallen has called off a performance at the last minute. 

Last year, the country singer was forced to cancel his show at the Ole Miss stadium in Oxford, Mississippi, after losing his voice.

The sudden cancelation concluded what was supposed to be two consecutive nights of performances. 

Wallen shared the news on his Instagram story at the time. 

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Morgan Wallen debuts new look

Morgan Wallen onstage. (Matt Paskert)

“After last night’s show I started losing my voice so I spent the day resting up, talking to my doctor and working through my vocal exercises trying to get better,” he explained. “I really thought I’d be able to take the stage and it kills me to deliver this so close to showtime, but my voice is shot and I am unable to sing.”

Fans would be refunded, according to the country music star.

Wallen added, “I am so sorry, I promise you guys I tried everything I could.”

The cancelation happened after the opening acts had performed, leaving some fans angry.

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Morgan Wallen looks pensive as he looks out from onstage wearing a backwards hat

Fans rallied around Morgan Wallen after his “cancellation,” making his music even more popular. (Getty Images)

WTVA-TV reported that video boards inside the Ole Miss football stadium showed a message saying the “Thought You Should Know” singer had lost his voice and was unable to perform, adding that people would be refunded their money where they bought the tickets.

“Completely disappointed in @MorganWallen!! Been sitting in this stadium for 3 hrs and he just announced the show is canceled!!!” one user wrote on Twitter. “COMPLETE BULLS—!!!”

“Cool but what about the dog sitter, baby sitter, hotel, PTO, and gas money we took for this?” another user wrote. “You knew this morning @morganwallen.”

Another fan recalled the time Luke Combs lost his voice.

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Morgan Wallen shaved his head

Morgan Wallen (Matt Paskert )

“Luke Combs lost his voice still played the show and gave people their money back, just sayin’” the Twitter user wrote.

Fox News Digital’s Lauryn Overhultz and The Associated Press contributed to this report. 



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Classified docs case dismissal means ‘greatest' legal 'threat’ to Trump is ‘gone’: experts

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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

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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

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Image shows Donald Trump, Mar-a-Lago and federal affidavit

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. 

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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. 

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.

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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.” 

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“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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