@nicholas yes. by “the law was fine with it” what i meant is that even absent formal immunity, the bar to prosecution has always been extraordinarily high and a “public action” affirmative defense at the ready, so that Presidents, as Kissinger quipped, “do immediately” what is illegal but can be justified on public grounds, and have never been prosecuted for it. the only real risk they have faced when they use official power for reasons not colorably intended to advance a public interest.