"Since November 2022, Special Counsel Smith has been exercising 'power that [he] did not lawfully possess.' All actions that flowed from his defective appointment — including his seeking of the Superseding Indictment on which this proceeding currently hinges — were unlawful exercises of executive power," she wrote.
But how different from other Special Counsels? Well....
"Cannon specifically contrasts Smith’s appointment with Weiss’s, because Weiss was already a U.S. attorney and Smith was a private citizen by the time he was appointed."
tldr;
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USA Special Counsel supposed to be Senate-confirmed
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Several have not been Senate-confirmed, as SC. That is true - and dodgy, right there
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BUT, at least they were Senate-confirmed to some other, current DOJ post, say, US Attorney
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Jack Smith wasn't even that...... Biden & Garland appointed private crony, a push too far