 Thomas' comments begin on the 44th page of the link document, in any event. He says, 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 special counsel has been established by law, quote-unquote, as the Constitution requires.