That's not true. He was a sitting president, elected in 1968, and a bunch of the scandal was about his re-election campaign in 1972. He was successfully re-elected to a second term but then those events caught up with him over the following two years, causing him to resign in 1974.
No, the supreme court just gave the president immunity for exactly this. This exact scenario is quoted upthread:
> Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution.
It's curious because this would also seem to legalize the Watergate scandal and Nixon's famous line "if the president does it, its not illegal".