Here’s what the special counsel’s office said Monday:
The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel. The Justice Department has authorized the Special Counsel to appeal the court’s order.
The first part of the statement highlights how out of step Cannon’s ruling is, going against the conclusion of other courts that have addressed the appointment issue. The second part is noteworthy in highlighting that the Justice Department authorized the appeal. In her ruling Monday, Cannon took issue with what she characterized as the department’s lack of oversight of Smith, so the special counsel’s statement reinforces the point that he can’t just do whatever he wants.
