Lawyers for former President Donald Trump and attorneys general from 18 states in amicus briefs filed to the U.S. Supreme Court on Tuesday urged that Trump be granted blanket immunity, reversing a lower court ruling. Photo by Jane Norman/States Newsroom.

As the U. S. Supreme Court ponders whether to grant immunity to former President Trump in the election interference case, most of the focus has been on the retroactive effect on that case and, perhaps two other ones in which he has raised the immune-while-president defense. 

Based upon the remarks of the justices at the hearing earlier this spring, he may be accorded some type of shield from legal culpability, whether “absolute,” as he seeks, or more limited. Indeed, Justice Samuel Alito opined that absolute immunity — meaning dismissal of the case — is necessary to assure a “stable” democracy, although many would say quite the opposite. 

If the Alito view wins out, the prospective effect would be even more ominous than its impact on the pending cases.

If elected this fall, the newly self-proclaimed “political prisoner” will have carte blanche to carry out his most diabolical impulses, much of which he already has telegraphed. 

This would include trampling the Constitution; jailing his political opponents with or without trials; deporting lawful American citizens; selective tax audits of adversaries; depriving opposition media of licensing; and a host of other illegal actions. 

But, wait, there’s more.

He could dispatch Seal Team 6 or other military units to dispose of his rivals.

If you think that’s unrealistic hyperbole, recall that his attorney told both the Supreme Court and a lower appellate tribunal that’s what he could do, and he deserves to be believed on these matters. 

Those who  point out that the military would not obey an unlawful directive are unduly  insouciant. If the president has immunity, then it’s not verboten, or, as President Richard Nixon said after he resigned in disgrace: “If the President does it, it’s not illegal.”

Further, if the military refuses to obey, he could court martial them and replace them with  compliant ones, like Nixon did when he fired prosecuting authorities who refused to carry out his improper Watergate schemes. 

So, how the high court resolves the presidential immunity issue may give the ex-president a proverbial stay out-of-jail card for the current cases, but could also give him a free pass for future illegalities as well.

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