 Jack Smith was required to be appointed under Article 2, Section 2, Clause 2 of the Constitution called the Appointments Clause. And the Appointments Clause indicates specifically that the president must appoint with the advice and consent of Senate. Of course, he didn't have either of those. This was a Merrick Garland unilateral appointment of counsel Jack Smith, who apparently had the right political bona fides and ideological leanings to actually investigate and indict