Alexandra Samios: Such an important point in this pod--Trump might be immune but his underlings are not; and they have a constitutional obligation to refuse an illegal order, whether or not the person issuing it can be prosecuted. Thanks Greg.

Could Trump actually prosecute his enemies without cause? On the pod former prosecutor Kristy Parker and I dig deep into this question. Upshot: The law is still an impediment to him, but he wouldn't be legally liable for doing this. She's highly illuminating: newrepublic.com/article/1834...

Trump’s Rage At Liz Cheney Suddenly Veers In an Alarming New Directionnewrepublic.com With Trump's threats to jail Liz Cheney and other political foes going nuclear, a former prosecutor explains what a second-term crackdown on his enemies would really look like. It's gonna be ugly.

Such an important point in this pod--Trump might be immune but his underlings are not; and they have a constitutional obligation to refuse an illegal order, whether or not the person issuing it can be prosecuted. Thanks Greg.

1. In all likelihood, by future 6-3 SCOTUS decision: no they don’t. 2. The fact that Trump’s dictatorial commands will be executed by a rotating cast of expendable underlings doesn’t fill me with confidence.

Also: Trump can pardon his underlings after they’ve done crimes.

The Constitution is what a current majority of the SCOTUS says it is. Combine that with the unreviewable and absolute power of thecoardon, no Trump underling would refuse a Trump order. As a easy out, Trump will replace them with someone willing.

*the pardon not thecoardon :-)

Thank you! I tried to work that out, and it was beyond me. but anyway, I know my position is starry eyed and naive, but still.

"Yes, YOU can do this, Mr. President, but it would be illegal for me to do so." would be a horrible thing to tell the famously lazy Donald Trump. It would lead to a lot of "don't worry, I'll pardon you if it becomes an issue", and, after all, SCOTUS seems to say corrupt pardons are okey-dokey.

yeah, we discuss the pardon aspect of this

And if they carried out the order and were prosecuted, he could pardon them. But I'm doubtful that he'll find too many willing executioners. Or maybe I'm being naive.

we discuss all these permutations

Trump has cultists who have been itching to murder Democrats for decades.

He can make them do it if he pardons them. Unless they have great morals and integrity. Then they'll just get fired.

What if the president declares that they don't have that constitutional obligation?

They'd potentially be subject to prosecution under future admin (if there ever is one)

This reassurance is undercut by its conditionality.

I wonder how many people are willing to go to jail for him? Or lose their law licenses?

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