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.
In addition to what you wrote, Jack Smith isn’t a US Attorney. If he was, this wouldn’t be an issue. I hope we win on this technicality, which was just a dumb error on the part of the Democrats/communists.