 for President of the United States and would keep the DOJ insulated from looking like it was weighing its power on the scale. Judge Cannon has problems with Smith's appointment because he was not Senate confirmed. Cannon's ruling conflicts with past precedent in which judges have previously upheld the constitutionality of special counsels. Senate Majority Leader Chuck Schumer is urging special counsel Jack Smith to appeal and demanding that the case be assigned to a different judge.