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Not really. Exercise of a Presidential power, no matter the reason, is immune from prosecution. If it's legal to drop a bomb on ISIS it's legal to drop a bomb on a pornstar.
So letting district courts decide if an action is or is not an official act, is just a joke if anything a president does is official act
A lot of people are reading this wrong. What is likely going to happen is that the district court will say that a grand Jury can decide if something is an official act. That might be challenged again but I'd wager that's the next stop in this saga.
But don’t forget that official government records and any inquiries as to the motives of the president will not be admissible as evidence in any such case.