We don’t need to engage in hypotheticals to lay out this ruling’s likely consequences. We only need look at history.
There’s been much talk about the gravity and impact of this month’s Supreme Court finding granting a former U.S. president presumptive immunity for “official” acts, and absolute immunity when exercising “core constitutional powers.” In the oral arguments preceding this decision, and in the dissenting opinion of Justice Sonia Sotomayor, the justices raised the scenario of a president getting away with ordering Navy SEALS to kill a political opponent, using the military to stage a coup or accepting a bribe in exchange for a pardon. Chief Justice John Roberts called his colleagues’ remonstrations “extreme hypotheticals” and” fearmongering.”
There was nothing extreme in Sotomayor’s concerns, and her fears were justified. As a national security analyst, with 25 years as an FBI agent, I know we don’t need to engage in hypotheticals to lay out this ruling’s likely consequences. All we need to understand what a criminally immune Trump might do, with even one executive branch agency given carte blanche, is to remind ourselves what the nation learned about the FBI during the 1970s.