Opinion: Presidential immunity would be good for Trump – and Biden

Editor's Note: Timothy C. Parlatore is a CNN legal commentator, Navy veteran, criminal defense lawyer, and managing partner of the Parlatore Law Firm. He has represented clients in high-profile cases across the country, including representing former President Donald Trump during the investigation phase of his immunity lawsuit.​The opinions expressed here are his own. Read more opinion On CNN.

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There has been a lot of discussion about how this week's Supreme Court decision may or may not affect former President Donald Trump. In my view, most of that analysis misses the point entirely.

The most important thing to know about the Supreme Court's landmark decision is that it lays out a framework for determining which actions of a president (any president) are absolutely immune, constructively immune, or not immune at all.

I have a unique perspective on this case because I represented Mr. Trump during the investigative phase of this case. I participated in numerous hearings in closed courtrooms on issues of executive privilege. He was indeed my client. But this decision will apply to many presidents who were not my clients for years to come.

The impact of this decision will be not just on the prosecution of Trump, but on how future administrations are treated, and that, to me, is a very good thing.

The importance of any qualified immunity for the president has far more to do with future investigations than with current prosecutions. The Supreme Court has ruled that the former president can claim immunity from criminal prosecution for some actions he took toward the end of his presidency. The ruling reverses a federal appeals court ruling in February that found that Trump, who has always denied wrongdoing, did not enjoy immunity for crimes he allegedly committed while in office to overturn the results of the 2020 election.

The “imperial presidency” rhetoric used by some critics of this verdict is breathtaking and, in my view, overblown. The danger facing our nation is not that a president will escape justice, but rather that a future treasonous administration will adopt an interventionist approach to investigating political opponents.

Executive privilege, which normally protects the President's internal affairs, discussions, and decision-making process, can be overridden based on the Grand Jury's need for the information. Thus, the only way to defeat such a subpoena is to show that the Grand Jury does not need the information or that it can be obtained elsewhere. The Supreme Court, in its wise and thoughtful decision, has made that much easier to prove.

The lack of qualified immunity and loose standards for overriding executive privilege means that any administration can convene a grand jury to investigate its predecessor and then use that grand jury to gut privilege. If certain presidential conduct is immune, then the grand jury has no legitimate “need” for that information.

To illustrate my point, let's say that Trump wins in November. Some might argue that without qualified presidential immunity, he could convene a grand jury immediately after taking the oath of office to investigate possible wrongdoing by his predecessor, President Joe Biden. Some might argue that it would be appropriate to investigate any policy decisions by Biden that have even the slightest impact on China or Ukraine, given that Biden's son, Hunter Biden, has business dealings in Ukraine and China.

It's not hard to imagine how this would play out: The new president's Justice Department could issue grand jury subpoenas to every former senior Biden administration official, subjecting them to hours of questioning about every aspect of foreign policy discussions and decisions.

The impact of such an investigation would be enormous. Any former government official or employee would have to pay out of their own pocket to hire an attorney. Any false statements could lead to perjury or obstruction charges. Even if such an investigation did not result in indictments, it would be a major disincentive to working for the White House staff.

Biden's immunity from prosecution would be one way to ensure that such an investigation never begins — and that future administrations would have no reason to fear that such excessive, politically motivated prosecutions might be brought.

For those who think my hypotheticals are unrealistic, remember that if Trump wins, he may actually want to investigate Biden and members of his administration. And four years from now, the next Democratic administration may return the favor by investigating people who served in key positions in Trump's second term. The Supreme Court wisely did not give the president such a test.

So while many political and legal analysts are focusing only on how this ruling will affect the current charges against President Trump, its real impact goes far beyond this one case and will have a defensive effect on all future administrations.

So the Supreme Court got it right, and Trump should be pleased with the decision, but so should presidents far in the future.