She is breaking the law. The appointment of Jack Smith is overwhelmingly constitutional.
IF President Biden appointed Jack Smith the appointment would have to go to the USA Senate for approval.
HOWEVER.
Jack Smith was not appointed by the President. Jack Smith, the highly competent prosecutor, was appointed by the Attorney General.
Merrick Garland absolutely and without a doubt has the right and RESPONSIBILITY to assign a Special prosecutor to cases the Attorney General finds merit one.
One has to realize not every investigation has to have presidential approval. What if the president while in office broke the law and conspired to break more? The AG would be required to investigate and bring charges as appropriate. Those investigators would be required to remain non-partisan and return the truth to determine the next step if any.
Regardless of the Supreme Court’s (loosely called) decision there are still laws that if broken require charges, court hearings, and sentencing. So, the right of the Attorney General to call in a prosecutor is more than appropriate, regardless of the power of Congress to impeach.
Bannon is corrupt and corrupting. At the very least she requires an ethics review.