'I dare them': Ex-senator challenges Alito and Thomas to put Trump's immunity in writing

On Monday, a group of 19 retired military leaders urged the U.S. Supreme Court to reject Donald Trump's claim of absolute immunity from federal prosecution.

According to Law & Crime, the retired four-star generals and admirals wrote in a 38-page amicus brief that the former president's claim of immunity — in relation to his incitement of the January 6 attack on the U.S. Capitol — "'is an 'assault' on the 'foundational commitments' underpinning democracy and if his argument is allowed to succeed before them later this month, it threatens 'to subvert the careful balance between the executive and legislative branches struck in the Constitution.'"

The Supreme Court is expected to hear Trump's argument on April 25.

READ MORE: Elie Mystal: What 'Trump doesn’t seem to understand' about his own immunity argument

During the latest episode of MSNBC's Deadline: White House, host Nicolle Wallace spoke with former U.S. Senator Claire McCaskill about the ex-military leaders' brief.

Wallace mentioned the fact that a Trump lawyer previously argued that Trump, as president, should be able to order military officials to kill political rivals, and still be immune from prosecution.

"I remember the story breaking," the MSNBC host said, describing the story which claimed he promised people pardons if they carried out his illegal orders when it came to how to treat human beings at the border.

“He has done it already as president,”she said. “And I sometimes wonder if we live in a country anymore where former government officials could break through. I think the jury is out on that, when you look at Trump's sort of vibrant support among his base,”said the host.

“But we haven't tested that with generals being out in a sustained way. And I wonder, not just legally, but politically, if that has an impact?"

McCaskill replied, "I think it does. And I'm a little disappointed the list was not longer. I'm a little disappointed that [former Trump Chief of Staff] General [John] Kelly is not on that list. And that [former U.S. Secretary of Defense] Jim Mattis is not on that list, and [former Trump Secretary of Defense] Mark Esper is not on that list.

“It would have been stronger if some of the high-ranking military officials that saw this firsthand, where he would try to get them to do things that clearly were not good for national security and not legal. He tried to get them to act politically. And I think everybody needs to take a breath here and realize, we're pretty proud of our democracy in America. I don't care if you're for Trump or for anybody else. I think most people are proud of America."

READ MORE: 'Unhinged': More than a dozen far-right groups urge SCOTUS to give Trump absolute immunity

The former senator continued, "What he is asking America to turn into is those countries that we looked sideways at and thought, 'Well, how could that happen? How could the military be protecting thugs and crooks in a corrupt government? How could the military be arresting innocent people and putting them in prison because they're a political opponent? That would never happen in America.' That is what Donald Trump is asking for. He is asking for that ability."

McCaskill emphasized, "I mean, for the military to be put in the position that either you follow your commander, or you don't, and if you don't follow your commander, you're following the law, and if you do follow your commander, you're breaking the law — that should be a breaking point for this country and this case should be decided 9-0.

“I dare [Justices Samuel] Alito and Clarence Thomas to actually say in written form that a president can break the law and nothing can be done. I dare them. Because that would really be the bottom of the freaking barrel."

Watch the video below or at this link.