 Several times, whatever the district court finds can be appealed before trial. Jack Smith had made an argument of, well, maybe the district judge, the trial judge, can work it out and send it to the jury. And then the jury can separate official from unofficial acts. Several times in this opinion, the Supreme Court, the majority, says explicitly, whatever the judge decides about what's official or unofficial, what's immune or not immune, that can be appealed back up. Zero percent chance that happens before November.