“Big difference, David Weiss was a senate confirmed US Attorney. Jack Smith was a private citizen. Hur and Durham were also senate confirmed.”
EXACTLY!!
That's the argument presented by Ed Meese in his brief with the Supreme Court. But it looks like justice Thomas doesn't agree. If you look at his concurring opinion, on the first page he writes:
But, I am not sure that any office for the Special Counsel has been “established by Law,” as the Constitution requires.