 The special counsel's position effectively usurps that important legislative authority, transferring it to a head of department, and in the process, threatening the structural liberty inherent in the separation of powers. If the political branches wish to grant the AG power to appoint special counsel Smith to investigate and prosecute this action with the full powers of a U.S. attorney, there is a valid means by which to do so. He can be appointed and confirmed through the default method prescribed in the appointments clause.