During a recent hearing, constitutional lawyer Matthew Seligman, representing the Department of Justice (DOJ), made a compelling argument in support of Attorney General Merrick Garland's decision to appoint Special Counsel Jack Smith in the case involving classified documents and former President Trump.
Seligman highlighted a crucial word, 'appoint,' found in section 533 of a statute, to emphasize the legality of Garland's action. He clarified that the term 'appoint' specifically pertains to government officials and is not used for regular employees.
As a member of the 'Defenders of Democracy,' a group of constitutional lawyers, Seligman asserted that the statute unambiguously grants the attorney general the power to designate officials, such as special counsels, for the prosecution of crimes within the United States.
Therefore, Seligman concluded that Smith's appointment as special counsel in the classified documents case is entirely lawful and within the bounds of the statute.