The action would have been done as vice-president, not president. Vice-presidents are held accountable. This is why Trump got in trouble for defamation of E. Jean Carroll.
He defamed her as president and called it an official act. The case was put on indefinite hold. Then he said the same things while he wasn’t president. A new case was brought against him and he was found liable. Then, Carroll’s lawyer asked the original case to be resumed arguing that Trump’s statements couldn’t be an official act of the president since he performed the same action while he wasn’t president. The courts agreed and resumed the case and he was found liable again.
In Canada, our Charter of Rights and Freedoms says anyone accused of a crime is innocent until found guilty and therefore cannot be held in custody unless the state can convince the court that releasing them would be a danger to the public.
Which sounds great, but bail is often denied because courts are easily convinced someone is a danger to the public. There is also a surety system but that’s to ensure someone follows bail conditions. If the court agrees to grant a conditional bail, the accused needs someone to act as their surety. If the accused breaks conditions, and the surety doesn’t immediately report it, the surety will be required to pay the court a very large fine. Not being able to find a surety is a common reason for bail being denied.