8/ - Seligman: the most important factor in determining whether an official is an inferior officer is whether the officer has a superior.
“The order appointing Jack Smith could just be changed” by Garland, Seligman said, giving him sufficient oversight, though he conceded when pressed by Judge Cannon that the “day to day supervision of litigation is not there.”
Nonetheless, the regulations still provide guidelines for when the AG can overrule decisions made by the special counsel.
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