But this is what Leahy said in the past:
on opening day in the Senate. Sen. Patrick J. Leahy (D-Vt)....said the whole independent counsel system has "been corrupted and no longer serves its intended purpose."
Alito I guess couldn't push this theory, but it has great merit. The Independent Council statute set up a quasi-executive branch of government, performing executive branch functions, but outside the perview of the President.
The constitution specifically requires that ALL executive branch functions be directly controlled by the president. It would be rational to argue that a president should be able to remove any executive branch employee as part of that power, which is why Leahy asked Alito about whether congress could pass a law establishing executive-branch independent commissions where the president could not remove the employees.
I just went over to DU. They are spinning! Truly, truly a disturbing bunch over there.