We no longer have a Constitution to be Governed under. The Republican and Democrat Parties obliterated it when they evicted President from the White House and installed Joe Biden when they executed toe Coup of 2020. Only a Republican sheep would not understand this. The Democrats are aware of it. You can't be Governed by the Constitution one day and not the next. The Republicans and Democrats got rid of it when they got rid of President Trump.
Neither the persecution and prosecution of the Jan 5ers nor the persecution and prosecution of President Trump by perjured testimony and out right lies would be legal under Constitutional Government. And both are happening.