Malicious prosecution is a tort suable in court. To prevail in such a suit, four criteria must be met and proven. While this is often difficult to do, in blatant cases it can be done. Let’s take Trump’s impeachment as a theoretical example.
Number 1) Trump must prove he has been acquitted of the charges brought forth in the impeachment and that the case is at a close. Assuming he is acquitted, that would be a given.
Number 2) Those charged with malicious prosecution (perhaps Nancy Pelosi, Adam Schiff, Jerry Nadler, et al.) actively participated in the impeachment. Easily proven. They did so publically.
Number 3) Trump would need to prove there was no probable cause or reasonable grounds to support the original case. This is where the ground gets shaky. While its possible the two articles of impeachment ( Abuse of Power and Obstruction of Congress) could be debated, both charges have shown themselves subjective as to whether they were actual offenses according to party lines. Trump could argue the process of attempting to remove him from office preceded the formal impeachment and is, thus, part and parcel of it. In other words, an “illegal conspiracy” existed which voids the validity of the charges being brought in the first place.
Finally, Number 4) Trump would have to prove those who initiated the impeachment and continued to prosecute it did so with an improper purpose. Considering the uproar from the Democrats surrounding winning the 2016 election and the constant attempts to depose him, it could be argued the impeachment had far less to do with the two Articles of Impeachment, than with the partisan democrats’ agenda; thus diminishing the impeachment’s entire validity.
Malicious prosecution is a civil tort and, as such, it’s difficult to understand what type of punishment would or could be applied if Trump prevailed in such a suit. In a perfect world, the defendants would be censured for the remainder of Trump’s presidency. Perhaps personal monetary reimbursement could be required to offset public funds used for private political gain. I doubt that would be possible under the circumstances. However, a simple win for Trump would blacken the political eyes an injure the legacies of those whose partisan shenanigans focused away from their elected jobs at hand.
In any event, I would enjoy watching. It would make fun TV.