The law creating the position of Special Prosecutor was time limited and allowed to expire in 1999. That position no longer exist. Jack Smith is classified as a Special Counsel and the argument is that a person with his authority and at his level can only be appointed by the President himself and the appointment must be confirmed by the Senate. I think that issue is before Judge Cannon in the Florida case and is obviously an issue that will have to be resolved at some point.
You raise a good point and I don't have a definitive answer. I seem to remember something about him previously having been Senate confirmed as a United States Attorney which was the basis for his appointment. Since this has been raised as an issue it will have to be resolved in some manner.
He has to be from outside the govt according to this link,we have disscused this several times.
https://www.annenbergclassroom.org/glossary_term/special-prosecutor/
The law creating the position of Special Prosecutor was time limited and allowed to expire in 1999. That position no longer exist. Jack Smith is classified as a Special Counsel and the argument is that a person with his authority and at his level can only be appointed by the President himself and the appointment must be confirmed by the Senate. I think that issue is before Judge Cannon in the Florida case and is obviously an issue that will have to be resolved at some point.
How did Mueller get appointed as Special Counsel?
You raise a good point and I don't have a definitive answer. I seem to remember something about him previously having been Senate confirmed as a United States Attorney which was the basis for his appointment. Since this has been raised as an issue it will have to be resolved in some manner.