https://x.com/EricLDaugh/status/1860853684164300836

selected remarks on how this might (or might not) fly ….

On 15 July 2024, federal judge Aileen Cannon, in a 93-page ruling,[24] ruled that Jack Smith’s appointment and funding were both unconstitutional under Article I, Section 9, Clause 7, of the US Constitution, which prohibits appropriations except when authorized by law. She also ruled that it was disallowed by Article II Section 2 Clause 2, which requires principal officers to be appointed by the President and confirmed by the Senate.

Since the expiration of the independent counsel statute in 1999, there has been no federal statutory law governing the appointment of a special counsel. Upon the law’s expiration in 1999, the Justice Department, under Attorney General Janet Reno, promulgated procedural regulations governing the appointment of special counsels.

The special counsel regulations specify that a special counsel must be a lawyer from outside the US government

@JasonOnBlast
34m
Make sure to get him Senate confirmed as a Federal Prosecutor given President Trump defense in the documents case that Special Counsel Jack Smith was not a real federal prosecutor confirmed by the Senate. The Senate should agree to at least that confirmed role.

@DalwadiMihir
•32m
Yeah but not like Jack Smith appointment. Actual constitutional appointment as a special prosecutor at the DoJ. Or make him Chief of Staff at the DoJ. He’ll clean house there and doesn’t need senate confirmation.

@NNapier54940
30m
agreed. however, Special Counsel needs Senate confirmation, per Judge Cannon and Justice Thomas. We can not do what D’s did, which is simply “appoint” someone to go after our political enemies