[Macho MAGA Man]

Okay a question. What’s the difference between Barr appointing John Durham vs Garland appointing Jack Smith?

[Go Gordon]

Durham was a US Attorney.

[TheWriterTX]

Durham was already a federal attorney, properly appointed, and under the purview of the Justice Dept.; Jack Smith was an assistant attorney, never properly appointed, and operating independent of the Justice Dept.

Not permissible by law. Extra-judicial appointments must be approved by Congress. He was operating outside his authority.

[Deaf Smith]

>>What’s the difference…Barr appointing John Durham…

Under law, Barr was authorizing investigation (CYA) of his subordinates FIB.

[stylin19a]

that's a good question but not relevant in this particular brief.
https://www.supremecourt.gov/DocketPDF/23/23-624/293864/20231220140217967_US%20v.%20Trump%20amicus%20final.pdf

Meese's brief is narrow in focus: "This Court should reject Mr. Smith’s request for certiorari before judgment for the simple reason that he lacks authority to ask for it. Nor does he have authority to conduct the underlying prosecution. Those actions can be taken only by persons properly appointed as federal officers to properly created federal offices. Neither Smith nor the position of Special Counsel under which he purportedly acts meets those criteria."

https://www.law.cornell.edu/cfr/text/28/600.1

§ 600.1 Grounds for appointing a Special Counsel.
The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and—

(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.

Danforth, Mueller, Smith, Hur, Weiss were not part of DOJ when appointed.
Fitzgerald, and Durham were part of the DOJ.

Generally, they go outside the FEDs to get the SC to avoid an appearance of a conflict of interest...part (b) of the law.

This issue is about Smith not being eligible under statutes Garland used to justify Smith's appointment and not having any authority to request certiorari.

I'm guessing SCOTUS keeps the SC law but adioses the certiorari. ?

[eyeamok]

Durham was already a US Attorney, Jackoff Smith was a Private Citizen and required Senate Approval to be appointed.