The Supreme Court has denied Special Counsel Smith's request for an expedited review of the case against Trump.
(twitter.com)
OH NO! ANYWAY
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If you read up a bit from page 31, they DO state that he is not legally appointed - needing presidential appointment and Senate confirmation. And besides that, the position would need to be created. Unless I'm reading it wrong.
If by "they" you mean the former AG of the US Ed Meese (from Reagan admin) and a couple of law professors then yeah. But I think you think SCOTUS wrote that. SCOTUS did not - it is an amicus brief.
https://en.wikipedia.org/wiki/Amicus_curiae