That's settled, unananymously. So, the real question, is this legit prosectuion? No. From what I've read and seen, and have said repeatedly, this is persecution.
Unless I'm mistaken, the court was not asked to rule on prosecution vs. persecution.
You are absolutely correct. Not even the President is above the law, and that now clearly includes Joe Biden and Barak Obama.
If a president is carrying out his necessary and official duties, he is immune.
Obama droned two American citizens in Yemen. A father and his 16-year-old son. He cannot be prosecuted for that.
https://en.wikipedia.org/wiki/Killing_of_Abdulrahman_al-Awlaki
Smarten up