Trump fires judge-picked US attorney as top DOJ official warns courts to stay in their lane

The Justice Department announced Friday the firing of a second court-appointed U.S. attorney in as many weeks, revealing the swift removal of another prosecutor selected by federal judges to lead a district. The judges in the Eastern District of Virginia had chosen veteran lawyer James Hundley to fill the vacancy left by Trump-appointee Lindsey Halligan, who stepped down from the role last month after the court said she was illegitimately serving. A top DOJ official quickly announced Hundley’s termination on social media, intensifying the ongoing fight between the executive and judicial branches over who has authority to choose the top prosecutors in each of the 93 federal court districts. “Here we go again. EDVA judges do not pick our US Attorney. POTUS does. James Hundley, you’re fired!” Deputy Attorney General Todd Blanche wrote on X. FEDERAL JUDGE DISQUALIFIES US ATTORNEY, TOSSES SUBPOENAS TARGETING NY AG LETITIA JAMES Blanche’s comment echoed a similar one he made when announcing the termination of Donald Kinsella after judges in the Northern District of New York chose him to replace Trump appointee John Sarcone, whom they also disqualified. Constitutional scholar John Yoo recently told Fox News Digital that while the law gives judges the authority to choose a lawyer to fill a U.S. attorney vacancy, the Constitution and court precedent clearly grant the president — not the attorney general or deputy attorney general — the power to dismiss U.S. attorneys at will. Underscoring that the decision had come from the president was Dan Scavino, the head of the White House Presidential Personnel Office, who told Hundley through a social media post, “Check your email James,” after Blanche announced Hundley’s termination. Halligan’s and Sarcone’s absences have left DOJ leadership, including Attorney General Pam Bondi and Blanche, to serve as signatories on court filings in those districts as the Senate fails to confirm Trump’s preferred nominees to serve in them and several other blue state districts, where the home state senators must approve of the nominees under the upper chamber’s blue slip tradition. In a similar scenario, the court disqualified Trump appointee Alina Habba, and DOJ leadership responded by assigning three department officials to assume the duties of the U.S. attorney there. The DOJ initially also appealed the decision to disqualify Habba, but the U.S. Court of Appeals for the Third Circuit upheld a lower court ruling on it, and the department has not at this stage sought relief from the Supreme Court.
Reporter’s Notebook: Trump’s State of the Union becomes political boxing match as Democrats boycott

Imagine a boxing match. A boxing match may only go a few rounds. But it’s a big production. There’s a massive buildup for weeks in the press. There’s the weigh-in. Both fighters enter the ring to fanfare. Everyone scans the crowd to see “who” is there or nabbed seats close to the ring. Celebrities. Actors. Musicians. Models. Other famous athletes. There’s a lot to see. And that’s why the president’s State of the Union speech is similar. DHS SHUTDOWN DRAGS INTO WEEK TWO AS IRAN THREAT, SOTU CLASH COMPLICATE HILL TALKS Yeah, there’s the speech. But there’s a lot more on which to focus when President Donald Trump delivers his State of the Union address on Tuesday night. It may range from what “trunks” the fighters wear when they enter the ring to who is serving as their cornermen. Do you train your attention on the speech itself and what the president says? Does he deliver a stemwinder of an address, veering off into any number of political tributaries and addressing countless grievances? Do you observe the delivery of a president who maintains a mostly loyal MAGA base but struggles with soaring disapproval ratings? What about the presence of Supreme Court justices who ruled against the president last week on tariffs, one of the most seminal issues of his administration? How about his push to double down on tariff policies, despite the decision by the High Court? We haven’t even discussed what the president may say about ICE, unrest in the Twin Cities, the stalemate over funding for the Department of Homeland Security. And that’s to say nothing about the possibility of invading Iran or new questions emerging about Greenland. This is just an incomplete list regarding the speech. But State of the Union messages are now laced with theater and performance. It extends well beyond what the president may say or do. Lawmakers were practically props a few decades ago, applauding and cheering when they heard the president tout a policy or achievement they endorsed. Or, sitting silently if something came up which they opposed. Now, State of the Union is a participatory if not contact sport. The president’s most ardent opponents are expected make noise, heckle, boo, shout or even upbraid the president. Think of the iconic photo depicting Rep. Al Green, D-Texas, waving his cane at Trump before House Speaker Mike Johnson, R-La., banished him from the address last year. Or former Rep. Marjorie Taylor Greene, R-Ga., and Rep. Lauren Boebert, R-Colo., on their feet, jeering former President Joe Biden a few years ago. BILL MAHER CALLS FOR COMPLETE END TO STATE OF THE UNION ADDRESS AHEAD OF TRUMP SPEECH Tuesday night will serve as a test for Congressional decorum. Expect outbursts and shouted retorts. But we’ll see if anyone raises – or lowers – the bar when it comes to their conduct compared to Johnson bouncing Green from the chamber last year. Then there’s the old “look who I brought” to the speech watch. Democrats may gravitate toward pillars of their community, local heroes, or those wronged by ICE. Republicans may bring along local law enforcement officials helpful toward the detention and deportment of those in the country illegally. Or, the relatives of those harmed by illegal immigrants. There’s also a question whether some lawmakers will show up. Some Republicans representing vulnerable districts or competitive states may skip out to build distance between themselves and the largely unpopular president. Meantime, a growing number of Democrats plan to attend an alternative to the president’s address. They are eschewing the speech in exchange for what they call the “People’s State of the Union” on the National Mall. Some Democrats may pull double duty. One wonders if some lawmakers — of both parties — will use travel issues posed by the East Coast blizzard as a convenient excuse to skip out. Someone who might not skip out: former Rep. George Santos, R-N.Y. The House expelled Santos in late 2023. Only the sixth Member ever kicked out of the House. But as a former Member, Santos still has privileges to come and go from the Capitol as he wants. So Santos showed up for Biden’s State of the Union in 2024. Santos pleaded guilty to wire fraud and identity theft in 2024. But Trump commuted Santos’ sentence last fall. And then there is who reacts to Trump. Virginia Democrat Gov. Abigail Spanberger, delivers the official Democratic response. She’s a moderate former Congresswoman who prevailed last fall by campaigning on “affordability.” Republicans will focus on Spanberger and plans to redraw House districts in Virginia to offset prospective gains by GOPers through redistricting — at the president’s behest — in Texas. WATCH: TOP 5 MOST MEMORABLE MOMENTS IN AMERICAN STATE OF THE UNION HISTORY Three other prominent Virginians have delivered rebuttals to State of the Union messages in recent years. Sen. Tim Kaine, D-Va., was Virginia’s Governor when he responded to then President George W. Bush in 2006. Democrats drafted then Sen. Jim Webb, D-Va., to deliver the response to Mr. Bush’s 2007 speech. Republicans tapped then Virginia Republican Gov. Bob McDonnell to speak after Obama’s 2010 oratory. Most responses to presidential State of the Union addresses either don’t go well or are barely remembered. It may be noteworthy if Spanberger hacks through the noise at all and people remember anything from her presentation. Sen. Alex Padilla, D-Calif., will deliver the Democrats’ response in Spanish. This will be Padilla’s highest profile moment since guards protecting Homeland Security Secretary Kristi Noem threw the senator to the ground when he interrupted her remarks about ICE during a news conference in Los Angeles in June. The president will be on screen most of the time during the speech. But the two men who likely rival Trump for screentime are Johnson and Vice President JD Vance. Or at least their torsos will as they’re half visible in the frame, sitting above Trump on the House dais. Johnson will run the show, as he is Speaker
Kingpins fall, prices don’t: How cartels defy the rules of economics

In most markets, removing a CEO rattles investors and drives prices up or down. In the global drug trade, taking down a kingpin barely moves the needle. Over the weekend, Mexican authorities said they killed one of the world’s most prolific traffickers, Nemesio Rubén Oseguera Cervantes — better known as “El Mencho,” the longtime leader of the Jalisco New Generation cartel. His death should represent a major disruption to the market. And yet, cartels appear to defy one of economics’ most basic assumptions. DEATH TOLL RISES AFTER MEXICAN DRUG CARTEL LEADER KILLED IN US-BACKED OPERATION Basic economics holds that when supply is disrupted — especially in a risky black market — scarcity drives prices higher. Increased danger should mean higher premiums. And after decades of kingpin arrests, cartel crackdowns and military operations, the cumulative effect should be visible in the data. But drug prices remain remarkably stable. Part of the explanation, as Tom Wainwright argues in “Narconomics: How to Run a Drug Cartel,” is structural. Cartels do not function like fragile, personality-driven firms. They resemble decentralized corporations that are built to absorb shocks, replace leadership and protect distribution networks. Remove a boss and the enterprise keeps running. But resilience at the top is only part of the story. Cartels also exert extraordinary control over their supply chains, particularly over the farmers who grow coca, the raw ingredient used to make cocaine. “Under normal market conditions, coca farmers would be able to shop around and sell their leaves to the highest bidder. That would mean that in times of scarcity, coca buyers raised their bids, and the price of the leaf went up,” Wainwright explains. TOURISTS TRAPPED IN PUERTO VALLARTA RECOUNT CARTEL RETALIATION AFTER EL MENCHO KILLED In many coca-growing regions, prolonged violence has left a single trafficking group in control. “That group is the sole local buyer of coca leaf, so it dictates the price,” Wainwright said. That dominance allows traffickers to dictate prices and insulate themselves from rising costs. “Just as big retailers protect themselves and their customers from price rises by forcing suppliers to take the hit, cartels keep their own costs down at the expense of coca farmers.” The tight grip that cartels have on the supply chain, Wainright said, means that “any worsening in coca-growing conditions simply makes poor farmers even poorer, without doing much to cut the cartels’ profits or raise the price of cocaine for consumers.” Killing a kingpin can change the leadership chart, but it does not dismantle the supply chain that keeps the market stable.
Sen Adam Schiff says he’ll skip the State of the Union for the first time, slamming President Donald Trump

President Donald Trump is slated to deliver the State of the Union address on Tuesday night, but Democratic Sen. Adam Schiff of California said he will skip the speech for the first time. In a video posted on Saturday, Schiff accused the president of running afoul of the “law and Constitution.” “He is ignoring court orders. He has weaponized the Justice Department to go after his enemies. He is letting loose ICE troops in our streets that are getting people killed,” Schiff said. ADAM SCHIFF CONFRONTED ON POLLING SHOWING OVERWHELMING SUPPORT FOR REQUIRING PHOTO ID TO VOTE “I’ve never missed one. I have always gone both to inaugurations and to States of the Union. But we cannot treat this as normal. This is not business as usual. I will not give him the audience he craves for the lies that he tells,” Schiff said. In a statement provided to Fox News Digital, White House spokeswoman Abigail Jackson said, “Every Democrat in Congress tried to pass a $4 trillion dollar tax hike and voted against the working and middle class tax cuts the American people are seeing right now in their refunds. Democrats all voted against securing the border and deporting criminal illegals. Democrats all voted against modernizing our military. The list goes on. It’s not a surprise that they refuse to celebrate and honor the Americans who have benefitted from the commonsense policies Republicans have governed with.” BILL MAHER CALLS FOR COMPLETE END TO STATE OF THE UNION ADDRESS AHEAD OF TRUMP SPEECH The senator indicated he will instead participate in the People’s State of the Union event being held by MeidasTouch and MoveOn. Multiple Democratic lawmakers are planning to skip the president’s address and attend the left-wing event instead. ADAM SCHIFF MAKES ENDORSEMENT IN CALIFORNIA GUBERNATORIAL RACE CLICK HERE TO GET THE FOX NEWS APP Schiff joined in the Senate in late 2024, after serving in the House of Representatives since 2001.
Trump, Schumer find rare common ground on releasing UFO files

For two of Washington’s most diametrically opposed political figures, there is a newfound common ground: whether the truth is out there. President Donald Trump and Senate Minority Leader Chuck Schumer, D-N.Y., have butted heads since the former came to Washington, D.C. But now both want to expose whether there is life beyond the stars. Their newfound unity on the subject conjoins a passion of Schumer’s and a moment of expedience for Trump. TRUMP DIRECTS RELEASE OF GOVERNMENT ALIEN AND UFO FILES TO MULTIPLE FEDERAL AGENCIES NATIONWIDE Trump, spurred by former President Barack Obama saying on a podcast that there was alien life — then walking it back shortly after — ordered Secretary of War Pete Hegseth late Thursday night to dump the government’s files on extraterrestrials. “Based on the tremendous interest shown, I will be directing the Secretary of War and other relevant Departments and Agencies to begin the process of identifying and releasing Government files related to alien and extraterrestrial life, unidentified aerial phenomena (UAP), and unidentified flying objects (UFOs), and any and all other information connected to these highly complex, but extremely interesting and important, matters,” Trump said on Truth Social. The timeline for release of the documents and the breadth and scope of materials that could become public were unclear, but chief Pentagon spokesman Sean Parnell told Fox News Digital in a statement, “The Department looks forward to working with the interagency to fulfill the President’s directive.” UFO TASK FORCE EYED AS LAWMAKER WARNS OF STRANGE OBJECTS IN SKIES AND WATERS DEFYING KNOWN TECHNOLOGY For Schumer, it’s a passion project years in the making. Seeking more transparency on UFOs and UAPs is a torch Schumer picked up from the late former Senate Majority Leader Harry Reid, D-Nev., a friend and mentor of the current top Senate Democrat. It’s also an issue he has prodded Trump to take up since last year. “Now do UFOs,” Schumer said in response to Trump ordering files related to the assassinations of former President John F. Kennedy, Robert F. Kennedy and Martin Luther King Jr. to be declassified. Reid gave the quest to unveil secrets surrounding UFOs and UAPs legitimacy in the late 2000s when he played a key role in funding the Pentagon’s Advanced Aerospace Threat Identification Program. That public program received millions to investigate unexplained phenomena. Several years later, Schumer picked up where his predecessor left off. His most recent push came in 2023, when he served as Senate majority leader under former President Joe Biden. DHS SHUTDOWN DRAGS INTO WEEK TWO AS IRAN THREAT, SOTU CLASH COMPLICATE HILL TALKS He and Sen. Mike Rounds, R-S.D., introduced legislation modeled after the President John F. Kennedy Assassination Records Collection Act of 1992. That bill, meant to be an amendment to the annual National Defense Authorization Act (NDAA), would have created a review board at the National Archives and Records Administration to collect the government’s trove of documents on UFOs and UAPs and established a presumption of disclosure for the records, requiring the government to provide a compelling reason why they shouldn’t be released to the public. Ultimately, their original version did not pass muster, and a more watered-down iteration of the bill became law — an outcome Schumer blasted as an “outrage” at the time. “It means that declassification of UAP records will be largely up to the same entities that have blocked and obfuscated their disclosure for decades,” Schumer said.
Mike Johnson reveals special guests for Trump’s State of the Union

FIRST ON FOX: The family of a slain Louisiana police officer will have the chance to see President Donald Trump’s State of the Union address on Tuesday night after being invited by House Speaker Mike Johnson, R-La. The top congressional leader is bringing the mother and fiancée of Marc Tyler Brock to Trump’s primetime address, Fox News Digital learned on Monday. “It is my profound honor to host Shirley Brock-Dennis and Kambreigh Smith — the respective mother and fiancée of Vivian Police Officer Marc Brock — as my guests for the State of the Union address. In November, Officer Brock was tragically killed in the line of duty,” Johnson told Fox News Digital. TRUMP INVITES US MEN’S HOCKEY TEAM TO STATE OF THE UNION SPEECH AFTER OLYMPIC TRIUMPH The speaker called Brock “an extraordinary young man who touched countless lives through his service and volunteer activities,” and said his death is a “somber reminder” of the risks that law enforcement officers take every day. “I am grateful that Shirley and Kambreigh will join us and help share Officer Brock’s story with the nation,” Johnson said. Brock, 25, was killed late last year while attempting to serve an arrest warrant against a man who at the time was charged with cyberstalking in Vivian, La., according to local outlet KLFY. Vivian is located in Louisiana’s 4th congressional district, which Johnson represents. JOHNSON PRAISES TRUMP’S ‘BOLD ACTION’ IN FORMAL STATE OF THE UNION INVITATION LETTER TO CONGRESS The House speaker will be front-and-center when millions of Americans tune in to Trump’s State of the Union speech, his second address to a joint session of Congress since returning to the White House last year. He and the vice president will both be sitting behind Trump as he speaks to Americans and assembled officials about what he has done so far and what he has left to do in his final term. Brock was part of a six-person team serving a warrant in November 2025 when he was shot through a closed door and was later declared dead at the hospital. He was described as a “hero” by Vivian Police Chief Ryan Nelson in comments to KSLA News. The man who killed him was charged with first-degree murder earlier this month. Johnson himself has ties to public safety officers, his late father having been a firefighter in Shreveport, La.
Newsom ripped over ‘racist’ viral clip telling Black mayor ‘I’m like you’ before touting poor SAT score

California’s Democratic Gov. Gavin Newsom, widely believed to have White House ambitions, is facing blowback over a viral clip that critics say portrays him talking down to Black voters while discussing his poor test scores and reading ability. “I’m not, you know, I’m not trying to impress you, I’m just trying to impress upon you, I’m like you. I’m no better than you,” Newsom told Mayor Andre Dickens at a book tour event on Sunday in Atlanta, Georgia, at the Rialto Center for the Arts. “You know, I’m a 960 SAT guy. And, you know, and I’m not trying to offend anyone, you know, ‘trying to act all there if you got 940,’” Newsom continued. “Literally a 960 SAT guy, you’ve never seen me read a speech. Because I cannot read a speech. Maybe the wrong business to be in.” The clip, first posted by the conservative influencer account End Wokeness, has been viewed over 20 million times after being posted on Sunday, with many conservatives suggesting that Newsom’s comment was “racist.” NEWSOM SAYS ‘FATE’ WILL DECIDE IF HE FACES OFF AGAINST HARRIS IN 2028 PRESIDENTIAL PRIMARY “His way of bonding with black ppl is to tell them how stupid he is & that he can’t read,” rapper Nickii Minaj posted on X. “Do you wanna know the craziest part of this footage that will haunt him forever? He’s literally slowing his speech down & talking in a sporadic cadence.” “I can’t believe this is real,” conservative influencer account LibsofTikTok posted on X. “Where’s BLM and Democrats denouncing this racism?” “He said this to appear down with black folks,” founder and CEO of XX-XY Athletics Jennifer Sey posted on X. “Could he be more racist? Like actually really racist?” “The soft bigotry of low expectations,” GOP Sen. Ted Cruz posted on X. NEWSOM CONFRONTED ON CALIFORNIA BEING THE ‘HIGHEST COST OF LIVING’ STATE IN THE US AMID AFFORDABILITY CRISIS “This is disqualifying,” Fox News contributor Joe Concha posted on X. “Run this ad over and over in 2027-2028…” “California governor Gavin Newsom tells a black audience he’s just like them, got a 960 SAT and he can’t read,” Outkick founder Clay Travis posted on X. “Will any Democrats planning to run in 2028 hit on him on this? They should, moronic statement.” “If any Republican said what this moron Newscum said their political careers would be over,” conservative radio host Mark Levin posted on X. “Let’s see how the Democrats and their media react.” “Liberal racism on display,” political commentator Carol Swain posted on X. Newsom’s office defended his comments in a statement to Fox News Digital. “First MAGA mocked his dyslexia and now they’re calling him racist for talking about his low SAT scores. This is MAGA-manufactured outrage,” Newsom spokesperson Izzy Gardon said. “The Governor has said this publicly for years — including with Charlie Kirk and dozens of other audiences. The same people who excused or ignored Trump’s racist ape video can go f— themselves.” Fox News Digital reached out to the Atlanta mayor’s office for comment. Newsom, who is on the road promoting his new memoir, “Young Man in a Hurry,” is considered a top contender for the Democratic nomination for president in 2028 as most pundits believe he has his eyes on the White House.
Democrats name candidates to ‘Red to Blue’ initiative, aiming to flip GOP majority during midterms

The Democratic Congressional Campaign Committee (DCCC) named multiple candidates that it is backing as part of its “Red to Blue” initiative as the Democratic Party aims to flip control of the House of Representatives during the 2026 midterms elections. “Red to Blue is a highly competitive and battle-tested DCCC program that arms top-tier candidates with organizational and fundraising support to help them continue to develop strong campaigns. Candidates earn a spot in the program by surpassing aggressive goals for grassroots engagement, local support, campaign organization, and fundraising,” the DCCC noted in a press release. Republicans currently hold a slim 218-214 House majority. The DCCC’s press release lists candidates running in districts currently represented by the following 12 Republican incumbents: Reps. Eli Crane and Juan Ciscomani of Arizona, Reps. Mariannette Miller-Meeks and Zach Nunn of Iowa, Rep. Bill Huizenga of Michigan, Rep. Chuck Edwards of North Carolina, Reps. Rob Bresnahan Jr. and Scott Perry of Pennsylvania, Rep. Andy Ogles of Tennessee, Reps. Rob Wittman and Jennifer Kiggans of Virginia, and Rep. Derrick Van Orden of Wisconsin. A THIRD OF GOP VOTERS WARN THEY MAY SIT OUT MIDTERMS IF PARTY ‘ABANDONS’ PRO-LIFE FIGHT, POLL FINDS The DCCC is backing former U.S. Rep. Elaine Luria for Virginia’s 2nd Congressional District, which is currently represented by Kiggans. Luria served in the House from early 2019 to early 2023 but lost to Kiggans in 2022. FOX NEWS POLL: TRUMP’S TARIFFS FACED BROAD DISAPPROVAL EVEN BEFORE SUPREME COURT RULING The DCCC is backing former Navajo Nation President Jonathan Nez for Arizona’s 2nd Congressional District, where GOP incumbent Rep. Eli Crane is seeking re-election. The DCCC’s press release also named 10 other candidates it plans to back with its “Red to Blue” program. “House Democrats are on offense and poised to take back the majority, thanks in large part to the strength of our candidates,” DCCC Chair Suzan DelBene noted. ‘FICTION’: HOUSE REPUBLICAN CAMPAIGN CHAIR DISMISSES DEMOCRATS’ EXPANDING GOP TARGET MAP CLICK HERE TO GET THE FOX NEWS APP “The candidates named to this first round of our Red to Blue program are united by their desire to fight for hardworking families in their districts — not the billionaires bankrolling Republicans’ corrupt and divisive machine. They are laser-focused on lowering costs, saving health care, and putting people first, as opposed to their Republican opponents who have abandoned everyday Americans so they can give handouts to the privileged and the elite,” she added.
Family of Iowa grad killed by illegal immigrant to attend Trump’s State of the Union

FIRST ON FOX: The father and brother of a young woman killed by an illegal immigrant will be in Washington, D.C., on Tuesday night watching President Donald Trump deliver his State of the Union address, after his administration helped track down the man who ended the woman’s life. Sarah Root, a 21-year-old Iowa native, was killed in Nebraska hours after she graduated from Bellevue University by a drunk driver whose blood alcohol content was more than three times the legal limit. The man, Eswin Mejia, was in the U.S. illegally at the time of the incident in January 2016. He was arrested and released on bond the following month and fled the country, according to the Department of Homeland Security (DHS). TRUMP URGES DHS, ICE TO PUBLICIZE ARRESTS, SAYS CRACKDOWN IS ‘SAVING MANY INNOCENT LIVES’ Then-candidate Trump was critical of the Obama administration’s handling of the case. The Trump administration later tracked Mejia down in Honduras and extradited him to the U.S. in March 2025. He was sentenced to more than 20 years in prison. Sarah Root’s father and brother will attend in-person as Trump delivers his primetime address to Congress on Tuesday evening, thanks to an invitation from Rep. Randy Feenstra, R-Iowa. “I think that the message it sends is that, under President Trump, that we will find you. I mean, if you’re an illegal criminal in this state or in this country, we will find you, and you will get deported, or you will be prosecuted. I think that is the message loud and clear,” Feenstra told Fox News Digital. EXCLUSIVE: 17,500 ILLEGAL IMMIGRANTS ARRESTED UNDER LAKEN RILEY ACT IN TRUMP’S SECOND TERM He said Sarah Root’s father, Scott Root, was present at the White House when Trump signed the Laken Riley Act into law last year. The anti-illegal immigrant bill also included an amendment named after Sarah Root that would require Immigrations and Customs Enforcement (ICE) to detain illegal immigrants charged with seriously injuring or killing someone. “Scott was at the White House with me during the signing of the bill. And he got to know President Trump, so now to be there at the State of the Union — that is really, really a big deal,” Feenstra said. Trump’s crackdown on illegal immigration has been a primary focus of his administration, after his criticism of how the issue was handled by former Presidents Barack Obama and Joe Biden.
Federal judge blocks release of Jack Smith report’s second volume

A federal judge on Monday agreed to permanently block the release of volume two of former special counsel Jack Smith’s report — centered on President Donald Trump’s handling of classified materials after his first term in office — in a significant victory for the president and his co-defendants. U.S. District Judge Aileen Cannon, a Trump appointee, granted the president’s request to permanently block the release of the second volume of the report, ruling that its publication would represent a “manifest injustice” both to Trump and the co-defendants in the classified documents case. “Special Counsel Smith, acting without lawful authority, obtained an indictment in this action and initiated proceedings that resulted in a final order of dismissal of all charges,” Cannon said Monday. JACK SMITH SUBPOENAED FOR DEPOSITION WITH HOUSE JUDICIARY COMMITTEE The ruling blocks the Justice Department from “releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in Volume II or in drafts thereof.” It also comes just day before Volume II of Smith’s special counsel probe was slated to be released on Tuesday. Trump’s former defense attorney, Kendra Wharton, praised Cannon’s decision to block Volume II of Smith’s report from being released publicly, telling Fox News Digital in a statement that her “courage and judicial resolve on these important due process issues should be recognized and taught in law school classrooms across America.” Neither Smith’s law firm nor the Justice Department immediately responded to Fox News Digital’s request for comment on Monday’s ruling. Cannon previously ruled that Smith was unconstitutionally appointed as special counsel, though the matter was ultimately dismissed following Trump’s re-election in 2024. In her 15-page order Monday, Cannon said allowing the release of Volume II of the special counsel report would “contravene basic notions of fairness and justice” and likely prompt the sharing of protected information, including material covered by attorney-client privilege. “Moreover, while it is true that former special counsels have released final reports at the conclusion of their work, it appears they have done so either after electing not to bring charges at all or after adjudications of guilt by plea or trial,” Cannon said. TRUMP STRIPS SECURITY CLEARANCES FROM LAW FIRM TIED TO JACK SMITH CASES “The Court strains to find a situation in which a former special counsel has released a report after initiating criminal charges that did not result in a finding of guilt, at least not in a situation like this one, where the defendants contested the charges from the outset and still proclaim their innocence,” she added. Smith was tapped by former Attorney General Merrick Garland in 2022 to investigate the alleged effort by Trump and his allies to overturn the results of the 2020 election, as well as Trump’s retention of allegedly classified documents at his Mar-a-Lago residence in Palm Beach after leaving office in 2021. Smith had brought charges against Trump in both cases. The charges were dropped after Trump’s election, in keeping with a long-standing Justice Department policy that discourages prosecuting sitting presidents on federal criminal charges. Smith resigned from his role shortly afterward. Trump’s former defense attorney, Kendra Wharton, praised Cannon’s decision to block Volume II of Smith’s report from being released publicly, telling Fox News Digital in a statement that her “courage and judicial resolve on these important due process issues should be recognized and taught in law school classrooms across America.” JACK SMITH SUBPOENAED FOR DEPOSITION WITH HOUSE JUDICIARY COMMITTEE Smith, for his part, has forcefully sought to dispute the notion that his team had acted politically, using public and private remarks to House Republicans in December and January to defend his team’s actions. His team had developed what he described as “powerful evidence” that Trump had willfully retained highly classified documents after leaving office in January 2021 at his private Mar-a-Lago residence, and had been obstructing the government’s efforts to recover the records. CLICK HERE TO GET THE FOX NEWS APP “I made my decisions in the investigation without regard to President Trump’s political association, activities, beliefs or candidacy in the 2024 presidential election,” Smith told members of the House Judiciary Committee in a Dec. 17 interview.