While there is indeed justification for this position, the real world just is not that simple.
Throwing the law books at Mr. Trump will only enbolden his base (which could be as high as 74m Americans). He will preach "See what THEY are doing to me" and the base will lap it up. Setting the stage for the next populist leader.
On the other side, it is likely that the Biden administration will do something silly that costs peoples' lives. If they persecute Trump, the tradition is that they will also face persecution later. Soon no one will want the job of an elected political official.
Ms. Martinchek really needs to think things through. Hopefully she will realize that this America democracy ain't working so well and cannot be fixed.