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The legit argument for immunity is that a president is completely immune for official actions, anything else done while he is president but not official presidential action can't be charged while president but can be charged after his term.
Assuming they aren't charging anything that could be construed as an official presidential action, this should be 9-0 of course you can be charged.
Anything illegal should be charge-worthy, official or not, just like any other office. Actively holding the title of president entities immunity only as a delay, because that role also serves as commander-in-chief for the US. Having that seat empty during a prosecution could be hugely disruptive to the executive branch and strategically unwise for geopolitics.
But once the new president takes over, there's no longer any reason to delay the judicial process with temporary immunity.
At least, that's how I learned it in 6th grade, midwest public school.
Which is precisely why trump wants to be a dictator. If he stays President, he’s perpetually immune.
I'm actually pro prosecution / impeachment of presidents for that reason, we have a backup available so it doesn't actually hurt us. But I have to disagree on official actions. Sending someone to war can't be reckless endangerment, having someone drone striked can't be murder, we can't have the president sued for damages every time they sign a law that harms a business or industry.
Signing laws isn't illegal in the first place.
And I want to say I might be completely okay with holding those in power responsible for endangerment / drone strikes / murder / war.
His efforts to overturn the election came about while he was still President. Trump was the President of the United States on January 6th, 2021. Biden was not the President until January 20th, 2021.
Framing it that way, this is getting worse all the time.
He was president but it wasn't official action so he could be charged after he was done being president aka now.