The DOJ has no authority, either under the Constitution or federal law, to commission a new
“officer of the United States” in the form of a Special Counsel with powers equivalent to a U.S. Attorney. To do so would be akin to the federal judiciary (all federal judges are “officers of the United States”) creating “special judges” with equivalent powers to decide legal matters, preside over jury trials, oversee grand juries, etc. Judge Cannon is seriously considering sending Smith and his political indictment to the garbage can.
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