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Trump’s immunity fail is surely a win. But it doesn’t protect against bad-faith arguments.

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Steve Vladeck is a professor of law at the University of Texas School of Law whose teaching and research focus on federal jurisdiction, constitutional law and national security law. He is co-editor-in-chief of the Just Security blog (@just_security) and co-host of 'The National Security Law Podcast' (@nslpodcast).

There’s a new argument making the rounds among former President Donald Trump’s defenders, and it doubles as a threat of political retribution. The upshot of this argument is that, if he’s not immunized from criminal prosecution in Washington and Georgia , then sham prosecutions await every president.

Even if a state prosecutor and a state court ignored a former president’s immunity, they would still be able to enforce the immunity in the federal court to which any such case could be removed. Ditto efforts by federal prosecutors to bring frivolous charges against a former president, which would presumably fail a motion to dismiss.

 

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