Sen. J.D. Vance said presidents should have presidential immunity in order to do their job, and called for the end of the “prosecuting of people based on their politics.”

“We know that the president has to have immunity to do his job,” the Ohio Republican said Sunday on the CBS News program “Face the Nation.”

“Should Barack Obama be prosecuted for droning American citizens in Yemen? There are so many examples of presidents — Democrats and Republicans — who would not be able to discharge their duties, if the Supreme Court does not recognize some broad element of presidential discretion,” he said.

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Host Margaret Brennan asked Mr. Vance about presidential immunity because the Supreme Court is expected to rule Monday on former President Donald Trump’s claim that he cannot be prosecuted in cases relating to his efforts to overturn the 2020 election.

“I’m very confident that the fundamental principle here is the president’s got to be able to do his job in the same way that police officers, judges, prosecutors enjoy some immunity. That principle has to apply to the president too,” he said.

Mr. Vance, who is the subject of much vice-presidential speculation, was asked by Ms. Brennan whether a hypothetical Trump-Vance administration they would have the Justice Department prosecute President Biden.

“First of all, that would be the responsibility of the Attorney General, Margaret. But Donald Trump did not say that he’s trying to throw his political opponent in jail,” he said.

When pushed on the question, Mr. Vance said he wants “people who commit crimes to face the appropriate response in law,” and criticized Mr. Biden for having the DOJ go after Mr. Trump.

Mr. Trump currently faces four criminal cases, one of which just resulted in convictions in New York. Two others – in Georgia and Washington, D.C. — relate to his efforts to contest the 2020 election. Another in Florida accuses him of mishandling classified documents at his Mar-a-Lago estate.

“The problem that I have, Margaret, is not with ’which Democrats should prosecute which Republican’ and vice versa. It’s: Let’s get out of the prosecuting of people based on their politics,” he said.