"here are serious questions whether the Attorney General has violated that structure by creating an office of the Special Counsel” -Thomas
Unrelated issue to presidential immunity! Naked political commentary. Thomas put this in his decision to help Trump stall by questioning if Jack Smith was "correctly appointed" It's BS.
For some reason, this more than anything else, makes me angry. Thomas is so confident he can exercise power over all of us, that we won't notice or be able to stop him.
He laid out how it was related:
"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." -Thomas
The question of immunity was about the administration inappropriately prosecuting people and he highlighted another way the prosecution might have been inappropriate.
@futurebird perhaps.
Though it looks like Weiss was Senate-confirmed so the issue may not apply to him.