With the headline caveat that I’m not a lawyer - and certainly not a SCOTUS-level constitutional lawyer - the power to indict and convict the president (impeach and remove) appears to rest with elected officials. Though until the 17th amendment, unelected senators held that power
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On the other hand, if they create an expectation that an indictment isn't possible, then it's a major breach of protocol and breaking a promise (however fabricated) if an indictment is actually issued.
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