Oh, I didn't mean to imply that they should "always" be prosecuted for their crimes...only that the Supreme Court should have closed that loophole. There are many ways they could have drawn a distinction between justified actions and those that should be prosecuted.
Instead, they ruled that all "official acts" should be exempt from repercussions. That didn't just leave the loophole open...it guaranteed it could be abused, without consequence.
Can we not just use the original definition, instead? It worked fine for decades, until right-wingers decided to reinvent it in order to push their propaganda.