"a president has the extraordinary authority to order troops into American streets under the Insurrection Act. Then, once deployed, those troops would be under the command of a person who would almost certainly enjoy absolute immunity for the orders he gives them...

Trump is still in grave legal jeopardy — but only if he loses the election. Even if Trump is ultimately held to be immune for all his official acts, he still can be prosecuted for private acts.

It was a private act when Trump “turned to a private attorney who was willing to spread knowingly false claims of election fraud to spearhead his challenges to the election results.” It was also a private act when Trump “conspired with another private attorney who caused the filing in court of a verification signed by Petitioner that contained false allegations to support a challenge.” - David French