 As president, and he has no power to get the Secretary of State of Georgia, Brad Raffensperger, to fine him 11,000 some odd votes. Sounds like she's saying that the president has no oversight over elections at the state level, so that's clearly not an official act of the president, so prosecute him on that. But the president does have the power to get the Attorney General of the United States to inquire about civil rights violations, and so you can't prosecute him on that.