So then Biden will just appoint Smith (and then it’s legal).
Trump will need to force him to be replaced and all evidence discarded and make the other new Special Prosecutor reinvestigate from ground 0 to make this have a difference.
Everything Smith has done so far is Fruit of the Poisoned Tree.
If Biden were to appoint, the Senate would have to confirm. No chance of that. That’s why Smith wasn’t properly appointed in the first place.
Biden doesn't have the authority. It must be approved by congress. .,p .
More than that. Meese's argument is that the DOJ is creating the office of "special counsel" out of nothing - that nothing gives Garland and the DOJ power to appoint someone outside the government, to do such work. To do so, they must follow the "appointments clause" of the Constitution, which means appointment by the President, AND confirmation by Senate. He cites investigations by Fitzgerald of the Plame Affair, and Huber and Durham in the "Russia-gate" Affair, who WERE approved by the Senate. Meese points out that Mueller was not approved by the Senate, so had no right to conduct an investigation.
His argument is here: https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208584119.0_1.pdf
>So then Biden will just appoint Smith (and then it’s legal).
He can’t. Congress has to. Just like Mueller.