Could Biden prosecute Trump for treason (since he tried to overthrow the democratically elected government), or is prosecuting your adversary only an official act if a Republican does it?
Treason in the U.S. is very carefully defined as requiring a declared war & actions in favor of the enemy. I think it wld be sedition. Since DOJ didn't charge it already I'm guessing they didn't feel they had the evidence to get a conviction. Or need to gather more.
Apparently not, since he was in office then and would be immune.
BUT he's not in office now. So if he loses in Nov and does the exact same things, can he be prosecuted then? That would mean it's legal for POTUS but not for a candidate. Another reason it's...not good.
I'd say Biden should go for it. Anything Biden does as president is now an official act and immune from prosecution. If it rids the world of Trump, it's a good thing.