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Trump's classified docs case dismissal is a rebuke of Biden's out-of-control DOJ

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Trump's classified docs case dismissal is a rebuke of Biden's out-of-control DOJ

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It never made sense or seemed right.  With the wave of a wand, a private citizen was granted unlimited power to prosecute a former president of the United States.  

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In a tectonic opinion issued Monday, U.S. District Judge Aileen Cannon ruled that the appointment of special counsel Jack Smith was unconstitutional.  As a consequence, she correctly dismissed the Florida criminal indictment of Donald Trump over his handling of classified documents.

Smith and the Department of Justice (DOJ) will likely file an immediate appeal to a higher court.  But Cannon’s well-reasoned 93-page opinion establishes a clarifying record of sound legal judgment that will be difficult to overcome.  At some point, the U.S. Supreme Court may be forced to intervene.       

JUDGE DISMISSES TRUMP’S FLORIDA CLASSIFIED DOCUMENTS CASE

At the heart of the federal judge’s decision is the Appointments Clause of the Constitution which provides the exclusive means for selecting all “Officers of the United States.”  They must be appointed by the president and confirmed by the senate.  Smith failed both requirements.  

Instead, he was anointed special counsel by Attorney General Merrick Garland on November 18, 2022, without legitimate statutory authority.  His unilateral act commandeered the legislative right of Congress that animates and preserves our revered separation of powers.

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Cannon concluded, “The Framers gave Congress a pivotal role in the appointment of principal and inferior officers.  That role cannot be usurped by the Executive Branch or diffused elsewhere —whether in this case or in another case, whether in times of heightened national need or not.” (Opinion, page 91)  

TALE OF TWO CONVENTIONS: GOP UNITED BEHIND TRUMP WHILE DEMS IN DISARRAY

In two seminal cases, the U.S. Supreme Court emphasized that the Appointments Clause is “more than a matter of ‘etiquette or protocol’; it is among the significant structural safeguards of the constitutional scheme.” (Edmond v. United States, 520 U.S. 651; Buckley vs. Valeo, 424 U.S. 1)

In naming Smith to his almighty position, Garland relied mainly on internal regulations devised by the DOJ that deliberately circumvented Congress.  Tradition and “historical practice,” he argued, justified his maneuver.  

However, that was a clever misrepresentation of inconsistent history.  While it is true that other special counsels have operated without specific legislative consent —Patrick Fitzgerald, Robert Mueller, John Durham, David Weiss, and Robert Hur— all of them had been presidentially appointed and Senate approved in prior positions as officers of the United States.  Smith never was.

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Belatedly, and in opposition to Trump’s motion to dismiss the case against him, Garland and Smith cited a handful of statutes that purported to rationalize the appointment.  But Judge Cannon methodically disassembled them as wholly inapplicable to a special counsel who was given nearly unfettered authority to do as he pleases.      

CLASSIFIED DOCS CASE DISMISSAL MEANS ‘GREATEST’ LEGAL ‘THREAT’ TO TRUMP IS ‘GONE’: EXPERTS

What concerned Cannon was how Garland’s selection of Smith “imposed almost no supervision or direction over the special counsel and gave him broad power to render final decisions on behalf of the United States.” (Opinion, page 72)   

How is it possible that an attorney general could vest in a private citizen the immense and unchecked power of a U.S. Attorney when, in fact, Smith is not and never was?  His role is not to assist an approved U.S. Attorney but replace one entirely.  

By evading constitutional restrictions, Garland single-handedly stripped Congress of its vital role of Senate approval.  Judge Aileen Cannon remedied this mistake.  In doing so, she built on the compelling contentions of two former Attorneys General, Edwin Meese and Michael Mukasey, who filed an amicus (“friend of the court”) brief.  Their persuasive arguments can be seen writ large throughout the opinion.  

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Cannon also expressed alarm at the $12 million already spent by Smith and where exactly the money came from.  The expenses were not doled out by Congress, which means that both Garland and the special counsel violated the Appropriations Clause of the Constitution in much the same way that his assignation was unlawful abuse of the Appointments Clause.   

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If the decision dismissing the prosecution of Trump ever reaches the nation’s highest court, it will meet at least one justice who had already questioned the legitimacy of the special counsel.  Justice Clarence Thomas expressed serious misgivings during the recent presidential immunity case.  Indeed, Cannon cited it in her lengthy opinion. 

Regardless, the current ruling makes it effectively impossible for Smith’s Florida classified documents case from reaching trial before the presidential election in November or even the inauguration should Trump prevail at the ballot box.  

Federal Judge Aileen Cannon. (US Courts) (US Courts )

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The judge did not address the merits of the indictment, which had troubling aspects of prosecutorial overreach in the stacking of charges that seemed weaker by the dozen. 

Cannon’s ruling is not binding on the federal judge in Smith’s other case against Trump in Washington, D.C. over alleged election-interference.  But that prosecution is already stalled by the two recent Supreme Court decisions over the immunity issue and the improper use of an obstruction statute.  

Nevertheless, Justice Thomas’ observation that Smith is acting without authority may breathe new life into Trump’s long-term defense in the January 6th case against him.

The erosion of Jack Smith’s misbegotten prosecutions represents an important course correction in the increasingly abusive tactics employed by President Joe Biden’s Justice Department and his sycophantic attorney general.  These cases, as well as those brought by local district attorneys in New York and Georgia, were always politically driven and legally anemic persecutions designed to delegitimize Trump’s electoral chances.  

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They have boomeranged spectacularly.

It is a reminder of what the English philosopher and jurist, Jeremy Bentham, once said, “It is never the law itself that is in the wrong; it is always some wicked interpreter of the law that has corrupted and abused it.” 

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Naked woman allegedly assaults deputy while intoxicated, claims she was ‘trying to be a mermaid’

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Naked woman allegedly assaults deputy while intoxicated, claims she was ‘trying to be a mermaid’

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A Louisiana woman’s attempt to go for a skinny-dip did not end swimmingly, authorities said, after she allegedly attacked a sheriff’s deputy responding to a trespassing complaint before finally surrendering to deputies Tuesday.

According to the Union Parish Sheriff’s Office, deputies were dispatched in November to a residence in the Linville community of Marion after a caller reported a neighbor standing in their driveway screaming and refusing to leave the property despite having been warned previously.

When a patrol deputy arrived, authorities said the suspect was found nude and swimming in a pond located on the caller’s property. 

The woman was later identified as Erin Elizabeth Sutton, 41, of Marion. Sutton initially refused to exit the pond or speak with the deputy, telling him she was “trying to be a mermaid,” according to a sheriff’s office Facebook post.

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WILD VIDEO SHOWS SPEEDING CAR GOING AIRBORNE, EJECTS DRIVER INTO BACKYARD POOL

Erin Elizabeth Sutton, 41, is accused of threatening a sheriff’s deputy in Louisiana after being caught skinny-dipping in a neighbor’s pond. She claimed she was “trying to be a mermaid,” according to police. (Union Parish Sheriff’s Office / Getty Images)

After repeated commands, Sutton eventually exited the pond. Due to cold temperatures, emergency medical services were contacted to evaluate her, authorities said. 

A blanket was provided, and as the deputy attempted to escort Sutton inside a residence to warm up, she allegedly charged at him.

Authorities said Sutton ignored multiple commands to comply and resisted detention. A taser was deployed but had no effect, according to the sheriff’s office. Sutton was taken to the ground, where she allegedly continued to resist, kicking and punching the deputy before being restrained.

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ILLEGAL IMMIGRANT BITES ICE OFFICER IN ‘GROSS ATTACK’ WHILE RESISTING ARREST: DHS

The Union Parish Sheriff’s Office in Farmerville, La., announced on Facebook that 41-year-old Erin Elizabeth Sutton had allegedly attacked and threatened one of their deputies after skinny-dipping in a neighbor’s pond, citing she was “trying to be a mermaid.” (Google Maps)

Sutton was transported to a hospital for further treatment. During the transport, she allegedly threatened to kill deputies and paramedics, authorities said.

Because Sutton required medical care at the time, deputies later sought arrest warrants, which were signed by a judge in Louisiana’s Third Judicial District Court, according to the sheriff’s office.

Sutton surrendered to deputies on Jan. 6, 2025, and was arrested on multiple charges, including three counts of resisting an officer with force or violence, two counts of public intimidation, two counts of battery of a police officer, disturbing the peace/drunkenness and criminal trespassing.

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According to the Union Parish Sheriff’s Office, deputies were dispatched in November to a residence in the Linville community of Marion after a caller reported a neighbor was trespassing. (iStock)

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Her bond was set at $62,000, authorities said.

Fox News Digital reached out to the Union Parish Sheriff’s Office for additional comment but did not immediately receive a response. It was not immediately clear whether Sutton has retained legal representation.

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Dem governor-elect taps Crockett’s former ‘chief brand strategist’ for top DEI role

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Dem governor-elect taps Crockett’s former ‘chief brand strategist’ for top DEI role

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FIRST ON FOX: Soon-to-be Virginia Democratic Gov. Abigail Spanberger has tapped the former “chief brand strategist” for Rep. Jasmine Crockett, D-Texas, to serve in the state’s top diversity, equity and inclusion role.

In a Tuesday statement, Spanberger, who takes office on Jan. 17, announced she is appointing Dr. Sesha Joi Moon to serve as Virginia’s chief diversity officer and director of diversity, equity, and inclusion. 

Spanberger said that Moon’s “experience across government, education, and the nonprofit sectors gives her firsthand insight into the ways in which we can build a stronger, safer, and more prosperous Virginia for every family.”

“I’m excited to announce that Dr. Moon is joining our administration,” said Spanberger, adding, “Virginia deserves leaders who will make sure our work to grow our Commonwealth’s economy keeps the needs of all Virginians in mind.”

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DOJ CHALLENGES VIRGINIA LAW GRANTING IN-STATE TUITION TO ILLEGAL IMMIGRANTS

Virginia Democratic Governor-elect Abigail Spanberger celebrates as she takes the stage during her election night rally at the Greater Richmond Convention Center on Nov. 04, 2025. (Win McNamee/Getty Images)

“When every Virginian has the opportunity to reach their full potential, it benefits all of us,” she said.

Moon, whose doctorates are in public administration and policy and self-identifies as a “Black queer woman,” responded to her appointment by saying she is looking “forward to joining the cabinet of Governor-elect Abigail Spanberger as her historic administration works to advance a future in which all Virginians have access to opportunity — to include residents from some of the hardest-to-reach communities throughout the Commonwealth.”

Moon most recently served as the chief impact officer for the Girl Scouts of the USA. Before that, through her private consultant practice Moon & Associates, she worked as the “chief brand strategist” for Crockett, a radical far-left Democrat who is currently running for the U.S. Senate in Texas.

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Earlier this year, Moon appeared on a 40-minute podcast episode, where she defended the importance of DEI and delivered a direct message to critics, saying, “This work has not stopped. You can defund and dismantle all you want, but the work continues.”

“I’m excited. I feel like DEI is just getting started,” Moon continued. “I know that sounds so insane to some people because some people think our discipline is crumbling, and I don’t see it like that. I feel like we’re onto something here.”

VIRGINIA’S GHAZALA HASHMI BECOMES FIRST MUSLIM ELECTED STATEWIDE IN THE OLD DOMINION

Rep. Jasmine Crockett, D-Texas, a member of the House Judiciary Committee, arrives on Capitol Hill in Washington, D.C., on Wednesday, Dec. 17, 2025.  (AP Photo/J. Scott Applewhite)

Moon also served as executive-in-residence with two-time failed Georgia gubernatorial candidate Stacey Abrams’ American Pride Rises Network, a DEI advocacy network.

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Before that, she was the chief diversity officer of the U.S. House of Representatives during the 117th & 118th Congresses under Speakers Nancy Pelosi, D-Calif., Kevin McCarthy, R-Calif., and Mike Johnson, R-La.

Spanberger won a decisive electoral victory this November, defeating Republican Lt. Gov. Winsome Earle-Sears by a margin of over 10 percentage points.

PRO-POLICE GROUP ASKS DOJ TO PROBE SOROS-BACKED VIRGINIA PROSECUTOR USING BIDEN-ERA LAW ONCE AIMED AT COPS

Then Republican Virginia gubernatorial candidate Winsome Earle-Sears speaks at a CPAC Latino Rally for Virginia on October 25, 2025 in Sterling, Virginia.  (Anna Moneymaker/Getty Images)

Considered a purple state, Spanberger’s victory returns the Virginia governor’s mansion to the Democrats after being held by Republican Gov. Glenn Youngkin.

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Fox News Digital reached out to Spanberger, Moon, Crockett, Abrams and the Girl Scouts of the USA for comment but did not receive a response by the time of publication.

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NASCAR star Denny Hamlin gives health update on mom after she was injured in deadly house fire

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NASCAR star Denny Hamlin gives health update on mom after she was injured in deadly house fire

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NASCAR star Denny Hamlin shared an update on his mother’s condition after she was moved to a burn unit following a house fire in North Carolina that left his father dead earlier this week.

Hamlin thanked those who reached out to him and shared their condolences. Dennis Hamlin died from injuries suffered in the blaze that occurred in Stanley.

Denny Hamlin looks on prior to a NASCAR Cup Series auto race at Charlotte Motor Speedway, Sunday, Oct. 5, 2025, in Concord, North Carolina. (AP Photo/Matt Kelley, File)

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“Thank you to everyone who has reached out with condolences on my father’s passing,” he wrote on X. “My mother continues to improve, and our family truly appreciates the outpouring of support and the respect for our privacy during this time.”

Officials said Mary Lou Hamlin was transferred to a burn specialist in Winston-Salem to treat her injuries.

Officials said the cause of the fire was still under investigation.

The fire broke out at a home in Stanley around 6 p.m. ET on Sunday, which drew emergency responses from Gaston and Lincoln Counties, according to Queen City News.

NASCAR Cup Series driver Denny Hamlin during practice for the Daytona 500 at Daytona International Speedway on Feb. 12, 2025. (Mark J. Rebilas/Imagn Images)

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EX-NASCAR STAR GREG BIFFLE’S FRIEND RECEIVES HOLIDAY CARD DAYS AFTER TRAGIC PLANE CRASH

Both Dennis and Mary Lou Hamlin were out of the house as emergency personnel rushed to the scene.

“We are thankful for the multiple agency response and ask that the public be in prayer for the affected family and our first responders in fire, GEMs and police,” the Lucia-Bend Fire Department said in a statement to the outlet.

Dennis Hamlin’s death was announced later Monday.

NASCAR released a statement on Tuesday to honor the NASCAR driver’s father.

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“NASCAR extends its deepest condolences to Denny Hamlin and the entire Hamlin family,” the organization said.

Denny Hamlin, driver of the #11 Progressive Toyota, exits his car  after the NASCAR Cup Series Championship at Phoenix Raceway on Nov. 2, 2025, in Avondale, Arizona. (James Gilbert/Getty Images)

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“Dennis Hamlin instilled a love of racing in his son, and sacrificed greatly to develop Denny into a world-class talent in the sport. We also continue to offer our thoughts and prayers to Denny’s mother, Mary Lou, and hope for her full recovery.”

Fox News’ Paulina Dedaj contributed to this report.

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