Scooter Libby in search of an excuse

Now Scooter is claiming that Fitzgerald's appointment was unconstitutional.

In a court filing, lawyers for I. Lewis “Scooter” Libby said his indictment violates the Constitution because Special Counsel Patrick Fitzgerald was not appointed by the president with the consent of the Senate.

I'm no lawyer, but it seems to me that they're getting pretty far fetched. First, trying to argue that being to busy with important matters is an excuse for lying, and now claiming that the prosecutor is not vested with the authority to indict. What do you suppose they'll dream up next? Maybe that the Courts aren't empowered to hear a case involving someone as important as Libby?