Third world banana republics commonly prosecute ex-leaders for two reasons:
1. The new leader is a criminal thug, and needs to eliminate any threat posed by the previous leader or his supporters.
2. The old leader was a criminal thug who did illegal things.
You don't need both of these to be true to put a former leader behind bars. Either one is sufficient.
I'm a Canadian. Even though the U.S. is busy meddling in our provincial elections, referendums, etc. while waging a trade war on us and threatening to make us the 51st state, we're being set up as scapegoats for the midterms. Yes, your ambassador is currently alleging that Canadian cabinet ministers are interfering in the midterms[1]. This is just one of many indicators suggesting that, should the Republicans lose control of both houses in the midterms, they're going to cry foul and likely refuse to obey the law.
Anyone talking about prosecuting Kushner or the rest of the Trump administration has put the cart before the horse. You have to make sure the midterms are not interfered with by the Trump administration, win the mid-terms, and then win the struggle to enforce that election result on an administration that does not obey the law. You have a mountain of obstacles to climb before you can even think about doing what the Biden administration chose not to do. At the very start of that climb may be the question of whether or not the opposition to Trump is actually comitted to that hard, grueling climb, or would they welcome defeat because it's so much easier?
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[1]https://www.cbc.ca/news/politics/hoekstra-watching-canada-el...