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.
For those watching Fox..
A construction worker fell into a trench in NY. It's because Bush failed to spend money on trench prevention.
Would that mean... if Congress desires to "get" he President, Congress should "get" him through their own activities?