'But #Cannon, a trump appointee who has previously made unusual rulings in his favor only to be reversed, argued that the original #SCOTUS precedent was unpersuasive, especially in light of subsequent developments in the law. Others had simply relied on that case without performing new analysis, she added.

Her decision rejected what the #SupremeCourt said in its landmark 1974 ruling. The decision upheld a subpoena by the special prosecutor assigned to take over the Watergate inquiry...👇

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..Leon Jaworski, who sought President Nixon’s secret Oval Office recordings. While a former Justice Dept official, Jaworski had been in private practice when appointed.

In a UNANIMOUS ruling, Chief Justice Burger wrote that #scotus noted that Congress had vested in the AG the “power to conduct the criminal litigation of the US gov” & “the power to appoint subordinate officers to assist him in the discharge of his duties,” adding that the AG had delegated prosecutorial authority to Jaworski.👇

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@Incognitim right, and the whole issue here is that Smith was not acting as a subordinate.

If Smith was subordinate, then this problem wouldn't have arisen. He would simply have acted out the AG's orders.

But here it was emphasized that he was acting independently, which changed the legal basis of his office.

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