Fundamental difference in dynamics: we're counting on the entire Republican party to restrain Trump, but we're counting on Biden to restrain the entire Democratic party.
The Constitution has nothing to do with the Westfall Act https://www.cadc.uscourts.gov/internet/opinions.nsf/6B022170D7AC2AC8852574400044E40E/$file/05-5161a.pdf … https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0293p-06.pdf … Anyway, you've provided no reason to think the Democrats would suddenly begin respect the Constitution for the first time since 1912.
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There's a big difference -- Trump made his false statements knowingly, and there's no conceivable reason why they should be considered official acts of the President.
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