&gt; getting a John Yoo to write an executive memo<p>The memos didn&#x27;t provide <i>de iure</i> indemnity. There is no constitutional basis, in fact the proposition that a memo can supersede the Constitution is idiotic on its face.<p>The failure is the <i>de facto</i> doctrine of absolute executive immunity. It has two prongs: 1. &quot;When the president does it, that means that it is not illegal.&quot; 2. When the perpetrator follows president&#x27;s orders, also not illegal.<p>Nevertheless, since there is no legal basis, there is nothing preventing the next government from prosecuting them.