"When the president does it … that means that it is not illegal "
--Richard Nixon, 1977 interview with David Frost
Surely Nixon was not the first to put forward a theory of government that the President has absolute immunity and is in effect above the law. But Trump, in a brief filed yesterday, has brought the question front and center before the SCOTUS where he argues (as reported by the NYTimes)
“The president cannot function, and the presidency itself cannot retain its vital independence, if the president faces criminal prosecution for official acts once he leaves office.”
It's not the first time Trump has raised this point. In a federal appeals court earlier this year federal judge Pan asked a Trump lawyer a very to the point question, and got a disturbing but direct response:
“I asked you a yes-or-no question,” Judge Pan said. “Could a president who ordered SEAL Team 6 to assassinate a political rival, who was not impeached, would he be subject to criminal prosecution?”
(Trump lawyer) Mr. Sauer said his answer was a “qualified yes,” by which he meant no. He explained that prosecution would only be permitted if the president were first impeached by the House and convicted by the Senate.