 Here's part of what she wrote in this ruling. Quote, in the end, there does appear to be a tradition of appointing special attorney-like figures in moments of political scandal throughout the country's history. But very few, if any, of these figures actually resemble the position of special counsel Smith. Mr. Smith is a private citizen exercising the full power of a United States attorney and with very little oversight or supervision. Fox's David Spahn, Smith can appeal that ruling.