Nothing might change — except the politics of the 2024 presidential campaign.
In the coming weeks, there is a very real possibility that the federal district court in Florida will rule that Attorney General Merrick Garland’s appointment of Jack Smith as a special counsel (SC) violated the Constitution’s appointments clause (art. II, §2, cl.2).
If Judge Aileen Cannon, the Trump-appointee who is presiding over Smith’s illegal document-retention prosecution against former president Trump, were to make such a ruling, would the Biden Justice Department have to start the case over from scratch? Perhaps, but I think that’s unlikely.
