#22 | Posted by BellRinger
"He was appointed by Garland as Special Prosecutor." " Essentially accurate (usually styled "Special Counsel" rather than "Special Prosecutor").
"The issue was [that] Special Prosecutor is a creation of Congress." " Oversimplified; the real issue is whether existing statutes Congress passed are sufficient to authorize this kind of appointment, not whether Congress must pass a new, case-specific law.
"Congress didn't create a special prosecutor to prosecute the alleged crimes he was assigned." " Misleading; Congress generally doesn't create case-specific prosecutors, and DOJ says its existing statutory authority covers Smith's role.
"Garland wanted his cake and wanted to eat it too ... " " Purely argumentative; not a factual or legal finding.
"Once he was deemed illegitimate ... " " Not accurate as of now; only one district judge has accepted that argument, and the ruling is on appeal.
"Garland could have assigned his two cases to a number of qualified prosecutors within 5 minutes ... The disruption would have been a mere blip ... " " Partly plausible in concept (he could reassign), but it downplays real legal and practical complications that could follow from an invalid-appointment ruling.
So the paragraph captures one side's critique in strong, rhetorical terms, but it does not accurately reflect the current state of the law or the actual posture of the challenges to Smith's appointment. It is opinion wrapped around some disputed legal premises, rather than a neutral, legally settled description.
- I always win
Things that never happened for $500, Alex.