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How can they going to "prosecute" when they are in the minority in Congress and 45 OWNS the entire DOJ and its "prosecutors"? 
They will have to go to the courts where the lower courts will agree but "Daddy John Roberts" will overturn those lower courts.
This is an example of "elections having consequences".
They could maybe try to find a state law that was violated and then "prosecute" that way.
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