Some former Justice Department officials who worked for Trump worry that the Supreme Court has made it easier for him to use the Justice Department to attack his enemies.

Some former Justice Department officials who served under Donald Trump during his first term worry that the Supreme Court's recent immunity ruling will make it easier for him to use the department against his enemies if he is re-elected president.

Other former officials have either downplayed the decision's impact or endorsed it.

Two former Justice Department officials, who spoke on condition of anonymity, said the move would embolden Trump, saying it would give him the opportunity to pressure the Justice Department for political purposes, to prosecute an enemy or show leniency to an ally by pretending he was carrying out his official duties as president.

That gives him tacit approval to continue to do that, said one former official, who spoke on condition of anonymity, referring to the Supreme Court decision. It sets him up to do what he said he would: investigate people and send them to prison.

The majority opinion by Chief Justice John Roberts concluded that Trump's attempts to overturn the results of the 2020 election by pushing Justice Department officials to launch investigations into baseless claims of widespread voter fraud were absolutely immune from prosecution.

The indictment’s allegations that the requested investigations were shams or proposed for improper purposes do not deprive the president of his exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials, Roberts wrote. Because the president cannot be prosecuted for acts within his exclusive constitutional authority, Trump is absolutely immune from prosecution for the alleged acts involving his discussions with Justice Department officials.

Jeffrey Clark, the junior Justice Department official whom Trump tried to nominate as acting attorney general on January 3, 2021, welcomed the decision. After a half-dozen senior Justice Department officials threatened to resign, Trump backed down from nominating Clark, who stood by his claims of election fraud and had planned to send a letter to the Justice Department asking Georgia officials not to certify those election results.

He can investigate whoever he sees fit to investigate, working with the Justice Department, Clark said, referring to any president, in a podcast interview this week. And he can prosecute whoever he sees fit to prosecute.

The former Justice Department official who said the decision gave Trump tacit approval said it was also a road map for Trump to avoid prosecution. He said Trump had shown during his first term that it was prudent not to openly ask someone to do something illegal. The official predicted that would continue.

The way Trump works is that he never overtly tells anyone to do anything, the former official said. He hints, he pushes, he incites. He never had to give these people orders. They did it on their own.

Another former Justice Department official voiced support for Judge Amy Coney Barrett’s dissent, which would limit the president’s immunity. The former official said Roberts’ majority opinion was wrong when it said investigators could not use a president’s communications with the attorney general as evidence of a crime.

If the president and his attorney general are having late-night drinks in the basement and discussing how to break into the Democratic National Committee headquarters, the former Justice Department official said, imagining a scenario reminiscent of Watergate, such communication should not be barred as evidence in a criminal prosecution simply because it is a communication between the president and his attorney general.

Will Levi, who was Justice Department chief of staff under Attorney General William Barr, disagreed and defended the decision. He said the majority opinion merely reaffirmed a longstanding constitutional principle and that criminal investigations would remain free from political interference.

It is simply an expression of the president’s authority under the Constitution over the executive branch, including the Justice Department, Levi told Bloomberg News. The importance of ensuring the independence of a criminal investigation or prosecution from improper political interference is a critical but distinct standard.

Supporters and opponents of the decision agreed that it would be up to career officials to refuse to carry out inappropriate or illegal orders from Trump or any future president.

A former senior official with the FBI, which leads federal criminal investigations and is part of the Justice Department, said agents will not carry out illegal orders because they do not enjoy absolute immunity and could be prosecuted themselves.

No one below the president has absolute immunity, the former senior FBI official said, so anyone who does so is exposing themselves to legal risk.

The first former Justice Department official Trump has publicly attacked for a position he has taken said the move would embolden Trump to continue using public attacks as he did in his first term to discredit special counsel Robert Mueller's investigation and slow other probes into his conduct.

The use of tweets, in which Trump openly attacks prosecutors and government employees, often by name, directly interferes with the functioning of the Justice Department. It intimidates prosecutors and pushes them to do things they wouldn’t normally do… It’s obviously a way to pressure employees, the official said, citing his own personal experience. It’s difficult for a career civil servant to be on the other end of that line.

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