Special counsel Jack Smith is appealing far-right Judge Aileen Cannon’s decision to toss out the Mar-a-Lago classified documents case against former President Donald Trump — but even before he makes his case, a separate special counsel is echoing the argument he is likely to use, wrote Matt Naham for Law & Crime. Cannon ruled that only Congress or the president have the power to appoint a special counsel. As Smith was appointed by a U.S. attorney general, she ruled he was illegitimate. And Naham noted that another special counsel, Andrew Weiss, is citing work by Justice Brett Kavanaugh, before…