With regards to (b)(ii)(3), i.e. Trump's attempt to influence non-federal officials to select fake electors...
>> On Trump’s view, the alleged conduct qualifies as official because it was undertaken to ensure the integrity and proper administration of the federal election. As the Government sees it, however, Trump can point to no plausible source of authority enabling the President to take such actions. Determining whose characterization may be correct, and with respect to which conduct, requires a fact-specific analysis of the indictment’s extensive and interrelated allegations. The Court accordingly remands to the District Court to determine in the first instance whether Trump’s conduct in this area qualifies as official or unofficial. Pp. 24–28.
Which seems a key window for the lower court to send the case back up.
Trump attempted to influence non-federal election officials.
Trump had no Presidential authority to do so. (Elections being run by the states)
Ergo, that was not an official act.
Granted, the special counsel would have to prove that without using the Presidential personal notes... but it's still a pretty clear path given the non-Presidential documentation all the conspirators kept.
And it does make sense by the Supreme Court's reasoning: you can't restrict the President from running the executive branch, but you can hold him accountable for the things he does outside of the executive branch, which critically includes elections themselves.
