According to Canon, the Special council by Hur, Weis, Mueller etc. are all illegal, even though they have been ruled

[JohnSJ]

legal.

[unblock]

1. Have the supremos weighed in?

[JohnSJ]

4. Will it get the SC before the election, and even if it did, do you have confidence in THIS SC?

[Baitball Blogger]

6. I doubt that it will get there fast enough.

But based on the little I've heard on MSNBC, it can go to the Supreme Court and if the conservo Supremes rule it legal, it will have an affect on all Special Prosecutors.

[JohnSJ]

8. big IF there, and if trump wins, it will be noot.

[VMA131Marine]

2. She really wants that SCOTUS appointment from Trump

[tinrobot]

3. She's wrong and will be overruled by the 11th

Who knows about how the Supremes will rule (and when)

But, it gets them a win before the convention and it successfully kicks the case down the road past the election.

[Stuckinthebush]

5. That was the play all along

It'll be overruled but not until Trump may have the opportunity to squash it with his own DOJ.

Joe has to win or all is lost in the increasingly messed up country.

[AZSkiffyGeek]

9. That has always been the case and anyone thinking the courts would save us were blind

Because time ultimately doesn't matter, voting does, no matter how many months and counting.

[MichMan]

7. From my understanding, the ruling was based on Jack Smith never being confirmed by the Senate as a US Attorney

The others you mentioned all were at one time or another. The DOJ will undoubtable appeal or they could replace Smith with someone else.

Not a legal expert, but just digesting what I am hearing from a variety of media outlets. They all could be incorrect.

[Tickle]

12. I also heard that because

he was never confirmed by the Senate that some how makes it illegal? 🤷‍♀️

[Prairie Gates]

15. It's pretty fast and loose in terms of "Senate confirmation"

The Federalist Society logic that MichMan is drawing on here is that if at some time (in all of recorded history!) the appointee has been approved by the Senate as a US Attorney, then they can be independently appointed as Special Counsel by the Attorney General or some surrogate/ deputy. None of these people were confirmed by the Senate as Special Counsel because that's not been how it works at all. The little sleight of hand in MichMan's post is "the ruling was based on Jack Smith never being confirmed by the Senate as a US Attorney." The reasoning here is especially tortuous in the case of Mueller, who had been retired for years from the legal profession at the time of his appointment by the then deputy attorney general Rod Rosenstein. Mueller's appointment as a US Attorney ended a full 16 years prior to his appointment as special counsel. It was also in California. It's also dubious in Hur's case, since he also wasn't a US Attorney at the time (his term ended in 2021) and also was not confirmed by the Senate for his Special Counsel role - he was merely appointed by Garland.

The tortured reasoning of Senate confirmation of a US Attorney is only vaguely relevant in Weiss' case, since he was actually a serving US Attorney at the time of his appointment.

[Prairie Gates]

13. Mueller's appointment was not approved by the Senate

Indeed, two Federalist Society lawyers, including the current chair of the Federalist Society, called Mueller's appointment unlawful for the very same reasons that Cannon ruled Smith was not properly appointed in her decision.

https://scholarship.law.bu.edu/faculty_scholarship/583/

The fact is that none of the three Special Counsels mentioned in the OP were confirmed by the Senate as special counsels, as you seem to acknowledge by mentioning their confirmations as US attorneys. The argument seems to be that if somebody was EVER, in all of past history, confirmed by the Senate as a US attorney, whether they were serving as a US attorney at the time of their appointment or not, and whether their confirmation was even geographically near the site of the special counsel investigation, then and only then can they be appointed as special counsel.

Hur was appointed special counsel in 2023 - his appointment as US Attorney ended in 2021. In the case of Mueller, it is an even more comically stupid argument, since his appointment was for the northern district of CALIFORNIA from 1998-2001. He was appointed special counsel without any Senate confirmation in May 2017.

This is very thin stuff.

[iemanja]

10. Didn't she say it was because Trump's conduct was as a private citizen

rather than President?

[MichMan]

11. No

[republianmushroom]

14. The puppet has ruled as the master told her to.