Writes Adam Liptak, in "Trump’s Vows to Prosecute Rivals Put Rule of Law on the Ballot/Donald Trump’s promise to seek retribution challenges long-established norms. The election could hinge in part on what kind of justice system the country believes it has now and wants in the future" (NYT).
I think Trump's campaign rhetoric is mostly designed to force his adversaries to proclaim principles that support his own arguments. Liptak acknowledges that as he contends that what Trump is threatening to do to his political opponents is different from what they are doing to him. Trump's political enemies will appreciate the asserted difference. His supporters won't. And what is it? The most obvious difference is that Trump's opponents are currently deeply engaged in prosecuting him, but Trump did not prosecute his enemies in his first administration and he's only referring to the potential to do so the next time around. He's issuing a credible threat in a game of tit-for-tat that he did not start. Won't we need to see what charges his next administration brings (if there is to be a next administration)? These might be solid charges that rest on the proposition that no one is above the law... as Trump's opponents like to say about the charges brought against him.
Liptak quotes something Justice Alito said in the oral arguments in the case about presidential immunity:
