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DOJ releases Special Counsel Jack Smith’s report on Trump election interference case

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The Justice Department made public Volume I of Special Counsel Jack Smith’s final report on his now-closed investigations into President-elect Donald Trump, days before he is set to be sworn into office. 

Attorney General Merrick Garland released the first volume, which focuses on the election case against Trump, of Smith’s report on Tuesday at midnight after back-and-forth in the federal court system.

An opening letter from Smith to Garland said that it is “laughable” that Trump believes the Biden administration, or other political actors, influenced or directed his decisions as a prosecutor, stating that he was guided by the Principles of Federal Prosecution.

“Trump’s cases represented ones ‘in which the offense [was] the most flagrant, the public harm the greatest, and the proof the most certain,’” Smith said, referencing the principles.

FEDERAL JUDGE BLOCKS SPECIAL COUNSEL JACK SMITH FROM RELEASING FINAL REPORT

A split image featuring US Attorney General Merrick Garland, President Donald Trump and Special Counsel Jack Smith (Ting Shen/Bloomberg via Getty Images | Photo by Rebecca Noble/Getty Images | Photo by Alex Wong/Getty Images)

In the lengthy report, Smith said his office fully stands behind the decision to bring criminal charges against Trump because he “resorted to a series of criminal efforts to retain power” after he lost the 2020 election.

Smith said in his conclusion that the parties were determining whether any material in the “superseding indictment was subject to presidential immunity” when it became clear that Trump had won the 2024 election. The department then determined the case must be dismissed before he takes office because of how it interprets the Constitution.

“The Department’s view that the Constitution prohibits the continued indictment and prosecution of a President is categorical and does not turn on the gravity of the crimes charged, the strength of the Government’s proof, or the merits of the prosecution, which the Office stands fully behind,” the report stated.

In an early Tuesday morning post on Truth Social, Trump called Smith “desperate” and “deranged” for releasing his “fake findings” in the middle of the night.

APPEALS COURT WILL NOT BLOCK PARTIAL RELEASE OF SPECIAL COUNSEL JACK SMITH’S TRUMP REPORT

Garland appointed former Justice Department official Jack Smith as special counsel in November 2022. 

Smith, a former assistant U.S. attorney and chief to the DOJ’s public integrity section, led the investigation into Trump’s retention of classified documents after leaving the White House and whether the former president obstructed the federal government’s investigation into the matter. 

DOJ Garland

Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Tuesday, Sept. 24, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Smith was also tasked with overseeing the investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021. 

Smith charged Trump in both cases, but Trump pleaded not guilty.

FLASHBACK: ATTORNEY GENERAL GARLAND NAMES SPECIAL COUNSEL TO INVESTIGATE TRUMP ON MAR-A-LAGO DOCUMENTS, JAN. 6

The classified records case was dismissed in July 2024 by U.S. District Court for the Southern District of Florida Judge Aileen Cannon, who ruled that Smith was unlawfully appointed as special counsel. 

Special Prosecutor Jack Smith speaks to reporters. Smith was tapped by Attorney General Merrick Garland in 2022 to investigate former President Donald Trump.

Special Prosecutor Jack Smith recently requested to dismiss charges he brought against Trump in a case alleging his interference in the certification of the 2020 election. (Bill O’Leary/The Washington Post via Getty Images)

Smith charged Trump in the U.S. District Court for Washington D.C. in his 2020 election case, but after Trump was elected president, Smith sought to dismiss the case. Judge Tanya Chutkan granted that request. 

FLASHBACK: TRUMP SAYS HE ‘WON’T PARTAKE’ IN SPECIAL COUNSEL INVESTIGATION, SLAMS AS ‘WORST POLITICIZATION OF JUSTICE’

This month, though, Cannon temporarily blocked the release of Smith’s final report. A federal appeals court reversed her ruling, allowing the Justice Department to make Smith’s report public. 

Donald Trump's Mar-a-Lago

Former president Donald Trump’s Mar-a-Lago resort in Palm Beach, Florida.  (Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images)

In the classified records probe, Smith charged Trump with 37 federal counts including willful retention of national defense information, conspiracy to obstruct justice and false statements. Trump pleaded not guilty. 

Files, documents

This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and partially redacted by the source, shows a photo of documents seized during the Aug. 8 FBI search of former President Donald Trump’s Mar-a-Lago estate.  (Department of Justice via AP)

FLASHBACK: FBI SAID IT HAD ‘PROBABLE CAUSE’ TO BELIEVE ADDITIONAL CLASSIFIED DOCS REMAINED AT MAR-A-LAGO, AFFIDAVIT SAYS

Trump was also charged with an additional three counts as part of a superseding indictment out of the investigation: an additional count of willful retention of national defense information and two additional obstruction counts. 

In the 2020 election case, Smith charged Trump with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; violation of an official proceeding; and conspiracy against rights. Trump pleaded not guilty. 

The cases brought by Smith against Trump never made it to trial in either jurisdiction. 

Trump ny case

Former U.S. President Donald Trump walks to speak to the press at the end of the day during his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 7, 2024 in New York City. (Getty Images)

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Despite efforts by Trump attorneys to prevent the report’s release, Attorney General Merrick Garland had maintained that he would make at least one volume of Smith’s report public.

This is a developing story. Please check back for updates. 

Tuesday Briefing

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Here’s what you need to know.

FEMA extends program for North Carolina residents displaced by Hurricane Helene

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FEMA is extending its Transitional Sheltering Assistance (TSA) Program to Jan. 25 for residents of North Carolina, according to a Monday announcement.

The program, which was set to expire on Tuesday, funds temporary housing, like hotel or motel rooms, for thousands of people displaced from their homes by Hurricane Helene.

The federal assistance gives households extra time to find alternative housing solutions or to make repairs to their homes.

FEMA ADMINISTRATOR URGES HURRICANE HELENE VICTIMS TO TAKE ACTION AMID RISK OF LOSING TEMPORARY HOUSING

A drone view shows damage following Hurricane Helene, in Asheville, North Carolina, on Sept. 29. (Reuters/Marco Bello)

More than 3,000 families are eligible for the program’s extension, according to FEMA.

The agency said people checking out of their temporary housing on Tuesday are returning to habitable homes or have withdrawn from FEMA assistance.

NORTH CAROLINA GOVERNOR PUSHES FEMA TO EXTEND TEMPORARY SHELTER ASSISTANCE AS WINTER STORM ROLLS IN

More than 10,000 households accepted temporary shelter in hotels participating in the TSA program following the aftermath of the hurricane, FEMA said last month, but most have since moved to longer-term housing.

Homes damaged by the hurricane in Chimney Rock

Homes are seen in the aftermath of Hurricane Helene on Oct. 2, 2024, in Chimney Rock Village, North Carolina. (AP Photo/Mike Stewart)

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Each county also has its own shelters and nonprofits to assist people who are not eligible for FEMA’s program.

The British Public Dislikes Elon Musk. He Can Still Sway Politics.

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While many of Mr. Musk’s posts, particularly those on grooming gangs, originated in the ecosystem of far-right bloggers and activists, they are also tempting to mainstream politicians in search of a cudgel to use against their opponents. And they appeal to editors and broadcasters looking for a good story.

“The British press and the broadcasters, to a degree, fell all over themselves to give Elon Musk publicity,” said David Yelland, a former editor of Rupert Murdoch’s tabloid, The Sun. “In the print press, they did it because they are extremely hostile to Keir Starmer. This is plain old Fleet Street bias.”

Claire Enders, a London-based media researcher and founder of Enders Analysis, likened Mr. Musk to Mr. Murdoch, the insurgent media baron from Australia who upended the London newspaper industry in the 1970s. “We just have a new Murdoch,” she said. “He’s American, he’s a multibillionaire, and he’s close to Trump.”

Mr. Musk, however, is not interested in taking over the British press so much as discrediting it. He claims the news media was complicit in a coverup of abuses against young girls. The truth is, British newspapers across the political spectrum did cover these crimes, if not immediately, then energetically, as the scale of the abuses became apparent in the late 2000s and early 2010s. The Times of London published a major investigation of the scandal, and the slow response to it by the police, in 2011.

“It’s been on the front page of every paper and led the 6 o’clock news for years,” said Raheem Kassam, who covered the scandal as editor of the British outpost of the right-wing news outlet, Breitbart News. “The idea that there is a media blackout on this, and we needed Elon Musk to uncover it, is nonsense.”

Rams overcome chaotic week to rout Vikings in playoff game

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The Los Angeles Rams played with heavy hearts on Monday night.

With the Los Angeles Fire Department emblazoned across the chests of coaches and wildfires raging in Southern California back home, the Rams powered through to defeat the Minnesota Vikings 27-9 in the wild-card round of the playoffs.

CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM

Los Angeles Rams head coach Sean McVay reacts to a Davis Allen touchdown catch against the Minnesota Vikings during the first half of an NFL wild card playoff football game, Monday, Jan. 13, 2025, in Glendale, Ariz.  (AP Photo/Ross D. Franklin)

The game was moved from SoFi Stadium in Inglewood, Calif., to State Farm Stadium in Glendale, Ariz., because of the fires. However, the fans showed up in full force and were treated to a big victory from the boys in blue and gold.

It really started on defense. The Rams sacked Darnold six times in the first half and three more times in the second half for a total of nine. Jared Verse also recovered a Darnold fumble and returned it 57 yards for a touchdown in the second quarter.

Rams quarterback Matthew Stafford didn’t need to do too much. He was 19-of-27 for 209 yards and two touchdowns. One touchdown was to Kyren Williams and the other was to Davis Allen.

The Super Bowl champion quarterback completed passes to eight different receivers.

Kobie Turner and Byron Young celebrate

Los Angeles Rams defensive tackle Kobie Turner (91) celebrates his sack of Minnesota Vikings quarterback Sam Darnold with Byron Young (0) during the first half of an NFL wild card playoff football game, Monday, Jan. 13, 2025, in Glendale, Ariz. (AP Photo/Ross D. Franklin)

ROGER GOODELL TALKS NFL’S DECISION TO RELOCATE RAMS-VIKINGS PLAYOFF GAME AMID LA WILDFIRES

The defense reverted Darnold back to the player he looked like earlier in his career. He was late to get passes off and looked indecisive for most of the game.

Despite the great season, he ended the playoff game 25-of-40 with 245 passing yards, a touchdown pass and one interception. His lone score went to tight end T.J Hockenson, who led the team with five catches for 64 yards.

Vikings star Justin Jefferson had five catches for 58 yards.

Los Angeles is back in the divisional round for the fourth time under head coach Sean McVay. The Rams will now hit the road against the Philadelphia Eagles. The two teams will square off on Sunday at 3 p.m. ET.

The Vikings can start their offseason and figure what they’re going to eventually do with Darnold. The veteran quarterback was brought in as an emergency in the offseason after J.J. McCarthy suffered a torn Achilles in training camp.

TJ Hockenson runs

Minnesota Vikings tight end T.J. Hockenson (87) runs after a catch for a 26-yard touchdown against the Los Angeles Rams during the second half of an NFL wild card playoff football game, Monday, Jan. 13, 2025, in Glendale, Ariz. (AP Photo/Rick Scuteri)

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Now, Minnesota will have to make a decision on whether to give the keys to the Cadillac to McCarthy or keep Darnold around for at least one more season.

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New video shows bizarre behavior of Ohio teen who intentionally killed boyfriend: ‘Shocking lack of remorse’

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New police bodycam footage reveals the bizarre behavior during the arrest of an Ohio teen convicted of intentionally crashing her car into a wall at 100 mph and killing her boyfriend and his passenger in July 2022.

Mackenzie Shirilla, now 19, who a Cuyahoga County Commons Pleas judge called a ‘literal hell on wheels,’ was found guilty on four counts of murder and other charges relating to the deaths of her boyfriend, Dominic Russo, and his friend, Davion Flanagan, in July 2022.

Prosecutors said Shirilla, then 17, barreled her Toyota Camry into a brick wall of a business in Strongsville, OH, in the early morning hours of July 22, 2022, to end her toxic relationship with Russo, and Flanagan just happened to be along for the ride.

In the video released by the Strongsville Police Department, a cop can be seen asking a handcuffed and tearful Shirilla to step out of the police SUV.

OHIO TEEN SOBS AS SHE LEARNS FATE FOR INTENTIONALLY KILLING BOYFRIEND, PASSENGER IN CAR WRECK

Dominic Russo and Davion Flanagan were killed on July 31, 2022, when Mackenzie Shirilla, 19, intentionally crashed her car into a wall. (Strongsville Police Department/A. Ripepi and Sons Funeral Home | Jardine Funeral Home)

“Hi Mackenzie, step out for me?” the officer can be heard asking Shirilla. “I’m the one who’s been investigating the crash. You’re under arrest for aggravated murder, times two.”

“Nobody’s going to ask you any questions, nobody’s going to bother you,” he continued.

In a bizarre move, Shirilla can be heard asking the officer to be careful with her bracelet.

OHIO TEEN WHO INTENTIONALLY KILLED BOYFRIEND IN HIGH-SPEED CRASH LEFT TWISTED ONLINE TRIBUTES TO HIM

Ohio woman weeps and covers mouth in courtroom.

Mackenzie Shirilla breaks down in sobs Monday, Aug 14, in court after she was convicted of four counts of murder for intentionally slamming her car into a brick wall to kill her boyfriend and his friend. (WKYC CHANNEL 3/YOUTUBE)

“Could you please be careful taking this one off so it doesn’t break the bracelet, please?” Shirilla asks through tears. 

“You got it,” the officer responded as he adjusted the cuffs. “I’m not going to tighten these, OK? I don’t want to hurt you.”

The officer then put Shirilla in another patrol car, where she appeared to try and rest and closed her eyes during the drive to the station. 

OHIO TEEN INTENTIONALLY CRASHED CAR INTO BRICK WALL TO KILL BOYFRIEND, FRIEND

Woman poses with wine glass and her arms around her boyfriend.

Ohio teenager Mackenzie Shirilla was convicted Monday of murdering her boyfriend, Dominic Russo, and his friend Davion Flanagan, by slamming her car into a brick wall while going 100 mph. (Instagram)

Shirilla was sentenced to 15 years to life in prison in 2023 after a prosecutor blasted her for her “shocking lack of remorse,” but in an act of mercy, the judge ordered that the two terms be served at the same time instead of consecutively.

She will be eligible for parole in 15 years rather than 30.

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Russo and Flanagan were pronounced dead at the scene, while Shirilla was unconscious and had to be extracted from the mangled car.

Shirilla and the two victims had been smoking marijuana before the collision.

Fox News Digital’s Rebecca Rosenberg contributed to this report. 

Stepheny Price is writer for Fox News Digital and Fox Business. Story tips and ideas can be sent to [email protected]

Sean Hannity calls out the Democrats’ wildfire response

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Fox News host Sean Hannity calls out the Democrats’ response to the California wildfires on “Hannity.” 

SEAN HANNITY: Joe Biden will be out of the White House for good. At this time next week, Donald Trump will once again be the president of our country. Joe is leaving behind a colossal mess for President Trump. America’s second-largest city is in ruins. More than 40,000 acres are gone, filled with homes and businesses and schools. Entire communities were burned to the ground. We have a death toll – now 24 and going higher.  

CNN DEFAMATION TRIAL: MAJOR GENERAL TESTIFIES HE WOULD’VE HIRED ZACHARY YOUNG BEFORE ON-AIR SEGMENT, NOT AFTER 

Over 12,000 structures have been destroyed, and the fires continue to burn completely out of control. Water remains scarce, so completely unavailable. Finger pointing and blame are running rampant and last week, the L.A. Fire Department was sent out to battle the blaze without water. Crucial fire hydrants were dry.  

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A key reservoir was completely empty. Taxpayer-funded reservoirs, five of them, that were supposed to be built. The voters approved of this, and a referendum in 2014. They were never built.  

Roger Goodell talks NFL’s decision to relocate Rams-Vikings playoff game amid LA wildfires

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NFL Commissioner Roger Goodell and the league made the last-second decision to relocate the Los Angeles Rams and Minnesota Vikings’ playoff game from SoFi Stadium in Inglewood, California, to State Farm Stadium in Arizona due to the wildfires in Southern California.

The move came on short notice as the decision was made on Thursday. Because of the game being played on Monday instead of the weekend, the teams had an extra day to pack up, get out of dodge and head south to play the game as emergency officials scrambled to quench the infernos in the Los Angeles area.

CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM

NFL Commissioner Roger Goodell, left, talks with Referee John Hussey before an NFL wild card playoff football game between the Los Angeles Rams and Minnesota Vikings, Monday, Jan. 13, 2025, in Glendale, Ariz.  (AP Photo/Ross D. Franklin)

Goodell talked about the unprecedented move in an interview with ESPN.

“What the people in Los Angeles are going through, the devastation, the loss, the heartache all of us feel for them, we knew the game couldn’t be played there by Thursday,” he said. “The public safety and compromising any of that was not something we do. And we wanted to make sure the focus for the first responders was taking care of the people that are struggling out there so much.

CALIFORNIA WILDFIRES: ESSENTIAL PHONE NUMBERS FOR LOS ANGELES-AREA RESIDENTS AND HOW YOU CAN HELP THEM

Roger Goodell at State Farm Stadium

NFL Commissioner Roger Goodell watches before an NFL wild card playoff football game between the Los Angeles Rams and Minnesota Vikings, Monday, Jan. 13, 2025, in Glendale, Ariz.  (AP Photo/Ross D. Franklin)

“When we made that decision, the league comes together. We have preparations or what we call contingency plans that includes two stadiums every week, and this was a perfect fit as far as the location for the Los Angeles Rams’ fans, and I’m proud to say 45,000 of them made the trip over here, which is just extraordinary. Everybody came together and Michael Bidwell and the Cardinals are at the top of that list.”

Rams fans indeed made that trip down to Glendale, Arizona. The organization even got the field painted with Rams colors and the big LA logo in the middle of the field.

Before the game, the Rams were among the 12 Los Angeles and Anaheim area teams that announced a combined $8 million donation to those affected by the wildfires.

Rams fans in Arizona

Los Angeles Rams fans hold a signs before an NFL wild card playoff football game against the Minnesota Vikings, Monday, Jan. 13, 2025, in Glendale, Ariz.  (AP Photo/Ross D. Franklin)

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The money will go to support victims and those fighting the fires. The American Red Cross, Los Angeles Fire Department Foundation, California Fire Foundation, Eaton Canyon Fire Relief and Recovery Fund, World Central Kitchen, California Community Foundation Wildlife Recovery Fund, Team Rubicon and several other local animal rescue organizations were named as the beneficiaries of the donations.

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‘They Barricaded Everything’: Living Inside an Evacuation Zone

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Yeah, usually I go out in the mornings, take a ride up and down the streets, make sure everybody’s OK, make sure everybody’s got water. I grew up out here since I was a tiny kid, born and raised, and I don’t even recognize these streets. Everybody needs to evacuate. But I was still here. The next thing you know, it was cherry red around us. Then my nephew showed up. I was like let’s get up here and start putting water on the houses. So we started dousing the house next door. Out of nowhere, the fire department showed up. And luckily, between the five of us, we were able to get it out. I’m one of the lucky ones, fortunately, but it’s my neighbors, man. It’s like, this is huge. How are we doing, guys. They barricaded everything, and that’s when they discussed to us — “Hey, you guys can’t go out or come in anymore.” All they did was let us know, if you pass the line, you can’t come back. They’re very verbal about that. We got our burner out there. We’re going to make coffee right now. We have a couple of generators if we need it. Our kids, our family, our nieces, our nephew. Everybody’s just coming to us. I figure around 12, it gets real dark around here. So at night, I come here around midnight, bundle myself up, go up on top, sit in the chair and just watch for flashlights. At that time, you call the sheriff’s, have them come on out and take a look at it. All you can do is lock everything up and just pray.

Special counsel in Hunter Biden case denounces president for criticism of the probe : NPR

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A November 29, 2024 photo shows President Joe Biden and son Hunter Biden stepping out of a bookstore while shopping in Nantucket, Mass.

Mandel Ngan/AFP via Getty Images


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Mandel Ngan/AFP via Getty Images

The Department of Justice on Monday released special counsel David Weiss’ final report after his investigation of criminal allegations against President Biden’s son Hunter Biden.

Biden last month signed a full and unconditional pardon for his son, after earlier promising not to do so, after saying “raw politics has infected this process and it led to a miscarriage of justice.”

Weiss in the report called such accusations “gratuitous and wrong.”

“Other presidents have pardoned family members, but in doing so, none have taken the occasion as an opportunity to malign the public servants at the Department of Justice based solely on false accusations,” he wrote.

Hunter Biden was convicted in June of federal gun charges for lying about his addiction to crack cocaine when he purchased a gun. Three months later, he entered a guilty plea to tax offenses for failing to pay at least $1.4 million in federal taxes. Sentencing was expected in December in both cases.

Both of the prosecutions were brought by Weiss. The cases were rooted in a period of time when Hunter Biden was wrestling with the death of his brother, Beau Biden, and struggling with his own addiction to crack cocaine.

Weiss, a Delaware U.S. Attorney appointed by Trump, was retained during the Biden administration, and began investigating Hunter Biden in 2019. He was appointed special counsel in August 2023.

In the report, Weiss said he brought the charges independent of any politics, and purely because Hunter Biden broke federal laws.

“These prosecutions were the culmination of thorough, impartial investigations, not partisan politics,” he wrote in the report. “Calling those rulings into question and injecting partisanship into the independent administration of the law undermines the very foundation of what makes America’s justice system fair and equitable.”

He said the charges against Hunter Biden embody “the equal application of justice — no matter who you are, or what your last name is, you are subject to the same laws as everyone else in the United States.”

Weiss’ report is an obligatory part of a special counsel’s work, and the DOJ made it public consistent with the law and its policy.

The department is separately fighting a court battle to release special counsel Jack Smith’s final report on criminal investigations into Donald Trump. Trump has argued the special counsel was appointed unlawfully and that any public report would be legally invalid and hurt his transition into the White House.