A fundamental restructuring is needed, but unfortunately the Constitution greatly limits our options.

There is, however, a way to get around the unitary executive to create at least a semi-autonomous prosecution mechanism. That involves the portion of the appointments clause that allows Congress to vest the appointment of certain “inferior officers” in the courts of law.

I would use that clause and vest the appointment of United States Attorneys and United States Marshals in the District Courts, as well as a United States Attorney-at large and United States Marshal-at large who would have plenary authority to investigate and prosecute the executive branch. I would place these individuals NOMINALLY within the Department of Justice and they would report administratively to a Principle Officer for the purpose of keeping them as inferior officers. But the Department of Justice would be prohibited from interfering in actual investigations or prosecutions.