The thing is the bullshit about not prosecuting a sitting president and adding ex-pres to it is an almost new rule that barr made up during the first impeachment using a republiklan ruling from the 70's or something that they tried with nixon which didn't really float, so he resigned when he saw they couldn't protect them with that ruling.
Barr dragged it back out and now garland shouldn't be even considering it's merit knowing it was brought in by a corrupt AG living up shitpants's ass.