1. Trump’s lawyer, D. John Sauer, encourages the Court to see far beyond Trump to the true horror of criminally prosecuting ex-Presidents:
The implications of the Court’s decision here extend far beyond the facts of this case. Could President George W. Bush have been sent to prison for… allegedly lying to Congress to induce war in Iraq? Could President Obama be charged with murder for killing U.S. citizens abroad by drone strike? Could President Biden someday be charged with unlawfully inducing immigrants to enter the country illegally for his border policies?
2. In a similar vein, from Justice Alito:
So what about President Franklin D. Roosevelt’s decision to intern Japanese Americans during World War II? Couldn’t that have been charged under 18 U.S.C. 241, conspiracy against civil rights?
3. Justice Gorsuch makes a brilliant suggestion. If Presidents didn’t have immunity from prosecution, they could give themselves the equivalent by pardoning themselves on the way out. And note the reminder that Obama could be on the hook for those drone strike murders: