The issue has never been conclusively ruled upon by the Supreme Court, even though lower courts have rejected this challenge.
The 93-page order methodically goes through the governing cases and statutes for the appointment of prosecutors. There has long been a debate over how an attorney general like Merrick Garland can circumvent the constitutional process for the appointment of a U.S. Attorney and unilaterally elevate a citizen to wield even greater power.
The court found that "Binding precedent establishes that Congress has 'by law' vested authority in the Attorney General to appoint the Special Counsel as an inferior officer." That is the view of many lawyers and judges.
Jed Shugerman, a Fordham Law professor, is quoted as expressing shock that Judge Cannon is essentially saying, "I'm not bound by the DC Circuit, and I think they misinterpret this." He added that it showed an "Astonishing level of dismissiveness." However, in point of fact, Judge Cannon is not bound by the D.C. Circuit.
As a federal judge in Florida, she is bound by the 11th Circuit and, of course, the Supreme Court.
Donald Trump's conviction is nothing more than a 'thrill kill' Of course, these experts would be aghast at any suggestion that D.C. District Court Judge Tanya Chutkan should be removed after being reversed by the Supreme Court in the recent immunity opinion.
Such experts are not raising questions of bias over Chutkin's rulings in favor of Smith or the similar pattern of Manhattan Judge Juan Merchan.
Alexander Hamilton once said that the Republic is preserved "Through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void." That does not mean that the trial courts are always right.
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