He wasn’t confirmed by Congress, as required.
Case closed.
He wasn't appointed by the President, nor confirmed by the Senate.
There is also no existing "special counsel" law passed by Congress. The Nixon-era one expired in 1999, and Janet Reno simply replaced it with an internal DOJ "guideline"
All other DOJ Federal Attorneys/Prosecutors are appointed and confirmed by the Senate, making them "legal agents" of the US Govt.
So what does that make Jack Smith?
A clown-actor in a Democrat-produced farce.
BEFORE THE LACK OF CONFIRMATION:
HE WAS NOT A FEDERAL EMPLOYEE
He is as illegal as the J6 committee that was ruled illegal but not after upending our laws and destroying evidence and hiding evidence and jailing people like Steve Bannon.