Earlier quoted context omitted.
They are not, yet . Assuming there will be a free and fair election in which the Democrats win, it would be a sensible move to repeal the Hague Invasion Act, ratify the Rome Statute and refer all of the 47th's admin's key figures there - that avoids any possible issues with the Supreme Court. Additionally, it would restore a bit of global confidence in the ICC and America's credibility on the global stage as well...…
The constitution prohibits ex post facto prosecution. Assuming that we continue to elect presidents, you need one to appoint an effective Attorney General (ie not Garland) and use these new king like powers of the executive to smash. The president was convicted of dozens of crimes, but nobody had the balls to throw him in jail. You have to think about 2025 solutions. The die is cast, it isn’t 1995 anymore. Nobody is…
A lot of what the 47th and people in his administration did are already punishable by law - alone the Signal affair or other violations of the Public Records Act.
It would not be a ex post facto prosecution, it would simply be a prosecution by a court of law that is reasonably free from corruption.