We know it's not going to happen because of politics. Even if it did start to happen, Donald Trump and DoJ leaders will stop it.
There's no reason to be unsure of the future when the politics are so set and predictable.
You're talking about one specific dimension of liability which is federal criminal liability. There are several others!
This is of course bad when up against threats that develop at this speed; doesn't require a conspiracy, I think of it as institutional old age, which may be worse as there's nobody to prosecute and a whole bunch of departments who will point at perfectly legitimate precident about why you really do need them.