But does that insulate the president from impeachment? There is the notion that you can't (or, at least, shouldn't) enforce the law by breaking the law.
Impeachment is an internal process that provides the label of "impeached", and it is not clear that Congress can actually take the next step and use it to enforce an order to remove a President, considering that in practice they can't actually enforce anything they order if the executive branch disagrees.
If I am a military general and I am reading that Congressional orders and laws can and are often ignored by the President as regular practice, and that the President has the power to overthrow Congress at will without fear of arrest, it would be clear to me that the ultimate power is with the President and not Congress. The removal order is going into the trash.
The courts don't make laws at all. They interpret laws to determine if they are valid and if they apply to individual cases. Congress makes the laws and the executive branch enforces those laws.
The courts do create laws, which is how "right to privacy" turned into "abortion for all". This knowledge is at our fingertips. We can simply ask our friend Google AI.
> do the courts create laws
Google AI: Yes, courts create law in the United States, but they do so by interpreting existing laws and the Constitution. This process is called judicial review.
That's a dubious piece of hyperbole, but even if we assume it to be true, there's an easy answer - because the Supreme Court, the body representing the judicial branch of government, chose to allow him to. They didn't have to. They could have - and, needless to say, absolutely should have - ruled against him, and if they had, Trump couldn't have done anything about it, just as Biden couldn't do anything about them ruling in Trump's favor. Like Congress, the Supreme Court has a number of ways to check Trump's power, and also like Congress, they're refusing to use them.
The main reason that the President can be interpreted to be above the law is because the founders of the United States
didn't create anything truly original and just fixed what was there, which is the logical thing to do when something is broken. They adopted large parts of the the English system of government and gave the President the powers and role of the King, with modification that it was an elected King. In traditional and medieval monarchies the King embodies the law. The law flows through the monarch and spreads over his realm. The King could not break the law because he was the law.
Similar language that the US President embodies the law is apparent, and in 246 years of practice the President has been able to ignore and nullify orders and laws issued by the courts and Congress, demonstrating that he is genuinely above the law.