smith, about the appointments clause of the constitution. constitution has an appointments clause, and to sum it up basically, if you're a principal officer, if you seek to be a principal officer in the executive branch in the president of the united states, he is to nominate the individual, and that person typically gets hearings, maybe not, has to be confirmed by the united states senate. that's the way the frameers wanted it. so we have this special counsel, we have a ruling 30 years ago in a supreme court case, morrison v. olson, the want in court statute, and the court overruled with the great antonin scalia dissenting and provided certain elements in the test, that it's constitutional because the independent counsel is an inferior employee who reports to superior who oversees the case, and there are specific things that this individual is