I write separately to highlight another way in which this

prosecution may violate our constitutional structure. In

this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States. But, I am not sure that

any office for the Special Counsel has been “established by

Law,” as the Constitution requires.

Justice Thomas

Source: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf