“However, neither Smith nor the position of special counsel under which he purportedly acts meets those criteria. And that is a serious problem for the rule of law, whatever one may think of the conduct at issue in Smith’s prosecution.” [emphasis added]
I think it is an open-and-shut case. It is binary: He (and the office itself) either meets requirements or not.
PREDICTION: I think that this not going to go well for the slavering Trump-hater goons. There just IS no wiggle room! Jack Smith simply doesn’t meet criteria, nor does the office itself.
The Lefty SCOTUS Justices may totally ignore that, but by statute, Jack Smith simply doesn’t meet criteria. Done!
So, irrespective of guilt or innocence, there would have to be a legislative change to allow Smith to operate as a Special Counsel. I think that is unlikely.
