Read With Me: Appointment of John L. Smith as Special Counsel
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Nov 19, 2022 • 30M
Read With Me: Appointment of John L. Smith as Special Counsel
Episode #1
Appears in this episode
Benjamin Wittes
I read a lot of stuff.
Think through documents with me as I read them, sometimes by myself, sometimes with friends.
Episode details
4 comments
In this inaugural episode of “Read With Me,” we examine Merrick Garland’s Order No. 5559-2022, entitled “Appointment of John L. Smith as Special Counsel.” The order cites four statutes, which are discussed in the podcast: 28 USC § 509, 28 USC § 510, 28 USC § 515, and 28 USC § 533. It also cites, and we discuss, the Special Counsel regulations, codified at 28 CFR 600.4-10. And it cites this filing in the Mar-a-Lago litigation.
Read With Me: Appointment of John L. Smith as Special Counsel
Thankyou for this. am just a layperson and this explanation of 'special counsel' was enlightening.
https://reason.com/volokh/2022/11/18/comparing-the-orders-appointing-special-counsel-mueller-and-special-counsel-smith/
This law professor blogger compared the language of Garland's order appointing Smith to Rosenstein's order appointing Mueller and noted that the Mueller appointment limited him to prosecutions that were "necessary and appropriate," where as Smith's appointment includes no such language. He argues that "necessary and appropriate" was a meaningful restraint on Mueller compared with Smith, and he appears to conclude from that that Smith is basically a hired gun whose job is to indict Trump.
Any thoughts? What type of federal crimes would there be that a special counsel might deem unnecessary and/or inappropriate? The only thing that comes readily to mind is the one obvious limitation that Mueller faced and Smith does not, DOJ policy on indictment of a sitting President.
Anyway, thanks in particular for doing this "Read With Me" feature. Great idea (for you in particular to do) and definitely helped to convince me to subscribe!