The problem with prosecuting Donald Trump is that he is experienced with operating on the very extreme legal limits of laws. Instead of following laws within the prescribed intent of the law, Trump operates on the edge of the letter of the law. He learns the legal extent of any law and operates in this grey area.
Herein lies the problem. In the penumbra edge of the laws in which Trump operates, all come down to intent. A legal case in this area depends upon proving motivation or intent. That means getting into Trump's mind to discern what his motivation or his intent really was.
Its almost impossible to make this type of case legally. It's easy to point to patterns of speech or actions and make a believable circumstantial case. But it remains insufficient to make the legal case and bring Trump to justice. He operates in the penumbra world of the legal world.
And yet they can easily prove a guy has intent to distribute just because he has large portions of mind altering substances in his possession. What if I need it all for myself?
Yes and no, and mostly no. Impeachment isn't limited by many of the standards in criminal and civil law. It is constitutional law, and really is limited only to what the Constitution requires. Intent, proving it, to what extent, and to what import is up to Congress.
Trump could face criminal and civil cases against him, and then your point would be more applicable. Unlike some, as I read the Constitution, I see no reason that Trump could not be sued or indicted while in office. The only thing it really says is that impeachment is a totally separate thing.
True. Impeachment is a political action and not a criminal action. I was speaking in general. There is nothing in the Constitution about indicting a sitting President. Only thing that stops a criminal indictment is a memo from the OLC (Office of Legal Council).