In the coming weeks, there is a very real possibility that the federal district court in Florida will rule that Attorney General Merrick Garland’s appointment of Jack Smith as a special counsel (SC) violated the Constitution’s appointments clause (Art. II, §2, cl.2).
If Judge Aileen Cannon, the Trump-appointee who is presiding over Smith’s illegal document-retention prosecution against former president Trump, were to make such a ruling, would the Biden Justice Department have to start the case over from scratch? Perhaps, but I think that’s unlikely.
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