Judge dismisses Trump classified documents case

[HighStepper]

Federal judge dismisses Trump classified documents case over concerns with prosecutor's appointment. Judge Aileen Cannon siding with defense lawyers who said the special counsel Jack Smith was illegally appointed by the Justice Department. Link

[Hobby]

Cannon supports Trump but I think her decision will be overturned if Smith appeals it. From the start Biden said he was staying out of all of it and gave authority to Garland to investigate and prosecute.  So why can't Biden just go ahead now appoint Smith and have Senate confirmation?