Anyone could make these arguments. And accepting them would upend Richey, requiring federal courts to oversee routine criminal investigations beyond their constitutionally ascribed role of approving a search warrant based on a showing of probable cause. Our precedents do not allow this, and neither does our constitutional structure.
The panel lastly considered whether to create a special new rule for former presidents under criminal investigation. The court declined, emphasizing that creation of a "special exception here would defy our Nation's foundational principle that our law applies 'to all, without regard to numbers, wealth, or rank,'" quoting State of Georgia v. Brailsford, 3 U.S. (3 Dall.) 1, 4 (1794).
The Full opinion is available here: https://media.ca11.uscourts.gov/.../pub/files/202213005.pdf
Credit to Above the Law for their initial write-up.