(3) Presidents cannot be indicted based on conduct for which they are immune from prosecution. On remand, the District Court must carefully analyze the indictment’s remaining allegations to determine whether they too involve conduct for which a President must be immune from prosecution. And the parties and the District Court must ensure that sufficient allegations support the indictment’s charges without such conduct. Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial. Pp. 30–32
This is how fucked we are. Right here.
Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial.
So nevermind all that evidence you have of them planning it out in the open. Inadmissible in trial!