The ruling says that Biden would have charges brought against him, and the court (not the supreme Court mind you) would decide wether or not the act was in an official capacity.
In fact, it would have to be the DoJ or Congress that did so - Biden could order the DoJ to stop, and arguably could have anyone in Congress killed or jailed without trial by stating that they presented a clear danger to democracy by trying to impeach him.
The ruling says that Biden would have charges brought against him, and the court (not the supreme Court mind you) would decide wether or not the act was in an official capacity.
Please cite where in the ruling it says charges would be brought against him.
In fact, it would have to be the DoJ or Congress that did so - Biden could order the DoJ to stop, and arguably could have anyone in Congress killed or jailed without trial by stating that they presented a clear danger to democracy by trying to impeach him.