the task of dealing with these problems. now, admittedly, there is some question about, as mr. armstrong indicated this morning, there s some question as to exactly how much of the story we got, but it s not clear that we would have gotten any more of the story if we had an independent counsel to do the work. let s go to the other side of the situation. i don t mean to single justice scalia out, but he wrote a really sustained attack on the independent counsel law, and the basic argument is that this law was unconstitutional because it allowed judges rather than the president to appoint the independent counsel and not only barred the president from removing the independent counsel, but also grounds in which any independent counsel could use for removing an independent counsel. this is the essence of justice scalia s disent, so let s focus on one interesting aspect of that dissent. in the course of lamenting the demise of what justice scalia called our former constitutional sy