My view is that state of mind is irrelevant. The action is either legal/constitutional or not.
If Trump is out to get Biden as a matter of personal vendetta, and some legal reason comes along to enable that, the action is legal.
Sure, but we know how the Democrats will tactically play this, and how the MSM will spin it.
As of now, the Democrats are following Sun Tzu about forcing the Republicans to battle on their favored ground.
Republicans will need to do something to take back the initiative. McConnell needs to keep his caucus in line and stop with the undermining comments in the media from his members.
-PJ