Prosecutors enforce the laws by prosecuting. That's the function of the executive branch. It's in the name - EXECUTIVE branch.
The check on prosecutorial power lies both with the Judicial branch and, in cases of a jury trial, the People. Prosecutors are not judge, jury, and executioner.
The Legislative branch gets a say by writing, passing, repealing, or amending laws.
So the three branches check each other, no need to "just trust me, bro" with prosecutors.
If the President cannot faithfully execute the laws without BREAKING them then that either means the Judicial branch should strike down the laws that are preventing that or the Legislative branch should pass laws that contain a carve out for the President. The President is not above the law, so the half-measure of the Supreme Court deciding that they are in official acts is both ahistoric and enabling despotism.
> Prosecutors are not judge, jury, and executioner.
In practice they are. Criminal laws are written extremely broadly. And as they say, prosecutors can indict a ham sandwich. Then all it takes is putting the case in front of a favorable jury: trying a republican in new york city or a democrat in rural iowa. In that way, a handful of people can undo the will of the electorate.
The framers would have easily understood this. At the time, the states were trying to kill the federal government. You think they envisioned say a Virginia prosecutor trying the federal president before a Virginia judge and jury?
The check on prosecutorial power lies both with the Judicial branch and, in cases of a jury trial, the People. Prosecutors are not judge, jury, and executioner.
The Legislative branch gets a say by writing, passing, repealing, or amending laws.
So the three branches check each other, no need to "just trust me, bro" with prosecutors.
If the President cannot faithfully execute the laws without BREAKING them then that either means the Judicial branch should strike down the laws that are preventing that or the Legislative branch should pass laws that contain a carve out for the President. The President is not above the law, so the half-measure of the Supreme Court deciding that they are in official acts is both ahistoric and enabling despotism.