text:  Kim Whaley is a professor at the University of Baltimore Law School and a former assistant U.S. attorney in Washington, D.C. Hi, Kim. Great to be here. Hi. So Jack Smith was appointed special counsel by Attorney General Merrick Garland. Cannon argues the appointment wasn't legitimate and she rejected a Supreme Court ruling dating back to 1974 saying it's non-binding. Can you explain her thought process here?