Trump Mara Largo document case dismissed, page-109

@LoadedDog


The ruling is quite simple, Smith was neither elected nor was his appointment confirmed by the senate*

Ethics in Government Act of 1978, creating a special prosecutor (later changed to independent counsel) position, which could be used by Congress or the attorney general to investigate individuals holding or formerly holding certain high positions in the federal government and in national presidential election campaign organizations.

Title VI[edit]

Title VI amended Title 28 of the United States Code. Title VI of The Act expired on June 30, 1999.^[1] It has been permanently replaced with Title 28 (CFR), Chapter VI, Part 600.

It requires the Attorney General to investigate specific allegations of federal offenses by the President, Vice President, individuals at specified salary levels in the Executive Office of the President and the Department of Justice, any Assistant Attorney General, the Director and Deputy Director of Central Intelligence, the Commissioner of the Internal Revenue Service, all such specified individuals who held office during the incumbency of the President or during the period the previous President held office, if such preceding President was of the same political party as the incumbent President, and any officer of the principal national campaign committee seeking the election or reelection of the President.

The Attorney General must decide if there is merit to the allegation within 90 days. If so, he or she must have a special prosecutor appointed who has all the power of the Department of Justice office except those specific to the Attorney General. The special prosecutor is chosen through a system wherein the Chief Justice of the United States appoints a panel of three judges from the Circuit Court of Appeals, one of which must be from the District of Columbia, who serve three-year terms and choose the special prosecutor. The special prosecutor has the authority to send any information to the United States Congress that he or she deems relevant and can provide counsel in issues that may call for impeachment of the person under investigation.

The special prosecutor can only be removed by impeachment and conviction by congress, or by the Attorney General for "substantial improprieties" or a physical or mental condition that affects performance.

The Department of Justice is required to suspend all investigations within the realm of the special prosecutor.

The Attorney General has the authority to declare anyone disqualified from participating in an investigation because of conflict of interest.