Democratic senators are leery of prosecuting Donald Trump and members of his administration after he leaves office next year, saying the decision whether to probe a former president ought to be left to independent Department of Justice prosecutors under President Joe Biden.

The idea a hot topic during the Democratic presidential primaries gained fresh momentum this week after Rep. Bill Pascrell (D-N.J.) demanded the president and his aides be prosecuted after they leave office for innumerable crimes during the last four years, including profiting off the presidency, separating immigrant families, and most recently undermining the Nov. 3 election.

Pascrell, a vocal Trump critic who has led the House effort to obtain Trumps tax returns, said the failure to hold Trump accountable would embolden criminality by our national leaders and continue pushing America down the path of lawlessness and authoritarianism.

Progressives applauded Pascrell and urged other lawmakers to join him, arguing that giving someone like Trump a pass would greenlight lawbreaking by future would-be authoritarians. Trump is reportedly considering running again for president in 2024, but even if he doesnt, his influence on the Republican Party wont end after he exits the White House in January.

Right now, Trump is protected from indictment under federal laws because of longstanding Department of Justice policy the same policy that prevented special counsel Robert Mueller from recommending the president be charged following his investigation into Russian collusion in the 2016 presidential campaign. That immunity ends when Trump becomes a private citizen, however, potentially exposing him to criminal liability.

Prosecutors in New York, for example, are grinding away at an investigation into Trumps business dealings before and during his time in office, including whether he misled tax authorities and broke campaign finance laws. Hes also facing lawsuits from two women alleging he sexually assaulted them decades ago. Its not clear whether those investigations will ultimately lead to any charges.

There also remain numerous allegations of corruption aimed at Trump and his family that have received little scrutiny from law enforcers. After promising to step away from his businesses when elected president, Trump instead used both his Mar-a-Lago resort in Florida and his hotel in Washington as places to freely meet with political donors and favor-seekers and repeatedly used government resources to promote his golf courses, hotels, and resorts.