23 Dec 2023 6:16 am
That's a bunch of ****.FredH » 22 Dec 2023, 8:33 pm » wrote: ↑ https://reason.com/volokh/2023/12/20/sp ... itutional/
Since 1999, when the Independent Counsel provisions of the Ethics in Government Act expired, the Department of Justice ("DOJ") has had in place regulations providing for the appointment of private citizens as Special Counsels who possess "the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney." Unlike a U.S. Attorney, however, private citizen Jack Smith has not been nominated by the President and confirmed by the Senate for the particular office of Special Counsel, which he now holds. This is blatantly unconstitutional and renders Jack Smith powerless to seek a writ of certiorari before judgment from the Supreme Court, as he is trying to do at the moment.