Right, but (as could become the case here) the President could be indicted at State level, try the defence that he is immune, and see that defence rejected by the courts. The Justice department would then need to reconsider their position.
Aside from that, I liked that the judge commented on Trump’s use of personal attorneys to argue Executive privileges. One of the most insidious parts of the whole shoddy affair is the normalisation of sending personal cronies to do State business. It’s bonkers that Trump thinks it supports him that Zelensky mentioned Giuliani first in that phone call. Giuliani is a personal employee of Trump the private citizen. He doesn’t work for the government. He is not White House staff. He has no accountability or responsibility to the US taxpayer, and no ethical oversight from any branch of government. His only responsibility is to advance the personal interests of DJT. So what the fuck is he doing out there?