Again, thanks. Perhaps I am missing something, but it seems as though “Yeah, except for those prosecutors appointed under the Ethics in Government Act,” could have also served in answering my last post.
Enlightened by your posts, I reread the Cato analysis. Cannon had four statutes to consider, which were cited by Garland in appointing Smith. One she did, indeed, reject by arguing the statute clearly applied to the FBI, given the distinction between officers and officials. Another she dismissed due to her belief that the phrase “attorney specially retained”, meant only attorneys that were already employed. Because “retained” was used in its past tense. As if hiring someone for a purpose is best expressed “attorney specially retain.” And for another, she proclaimed that “prosecute,” in 1966, actually was meant to convey a narrower definition of the word “prosecute.” She is arguing that, in ‘66, “prosecute” meant to help further a prosecution, and not to actually, you know, prosecute.
TL/dr Absent further information, I disagree that the Cato analysis was anything other than bullshit.