Be framed the wisdom in a way he can’t lose. Is the president immune from any prosecution for any crimes in Office, even after he leaves Office
No court will create an immunity that broad.
But is he immune for challenging an election and asking Congress to investigate, or to select alternate electors?
And in the circumstances of this particular case.
For that he is likely immune, there might not even be a crime.
As they say in My Cousin Vinny: “It’s a bull_hit question!”
wisdom = question
IMHO you are correct. I fear that Smith is eager to have the SC rule on this question, precisely because Trump’s lawyers’ formulation is overbroad and mistargeted.
The appropriate issue is what you suggest: Do the actions Trump is charged with constitute crimes for a sitting President of the US? Since they are all matters of politics and free speech, absolutely not.
I presume that SCOTUS can choose to reframe the question to something useful, but who knows if they will.