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You just have to convince a judge that the act was outside of his official duties.
Correct. That’s all you have to do.
and by the way, the evidence that the act was outside of his official duties is not admissible in court.
Correct. If the judge rules the act was official, it cannot be used as evidence at trial. On the other hand, when the judge rules it is not an official act, it is admissible. So again, you just have to convince the judge it wasn’t an official act.
What crime is Trump accused of where the only evidence of criminality is an official act? Answer: none. Not one. If he had stuck only to “official” acts, there would be no cause to charge him.
he can appeal the ruling. All the way back to the Supreme Court.
You are not actually suggesting that an accused criminal should not have access to an appeals process, so that criticism is invalid.
No catch-22.
“Admissibility” refers to what the jury can hear, not the judge. The judge gets to hear about the act, and rule on it. If he rules it official, the jury never heard about it. If he rules it unofficial, the prosecutor is free to present it as evidence at trial.