While everybody has been calling Jack Smith “The Special Counsel”, that is a position that must exist.
The Trump motion points out that the Constitution defines how “Officers of the United States” are appointed. Those officers are separated into “inferior” or “principal” officers.
Principal officers must be appointed by the President and confirmed by the Senate.
Jack Smith argues that he is an inferior officer.
While inferior officers can be appointed by the President and confirmed by the Senate, the
Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in Heads of Departments.
— U.S. Constitution< The state, through Jack Smith, argued that his appointment was lawful because it was done under an ambiguous law. Since it is an ambiguous law, the DoJ was able to say, under Chevron that of course they got it right.
But with Chevron dead, the Court looked at the law and determined that the DoJ did not have the authority to create the position. Since they could not create the position, Jack Smith had no special standing. I.e., his authority was no more than yours or mine.
Case Dismissed, They Miss Trump, Again – The Vine of Liberty
Ouch… no wonder the Lefties are foaming at the mouth in the interwebs.
I was going to say that sounded like Awa talking, until I reached the end.
Gotta love it!