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Re:Supreme Court rules Trump gets limited immunity from pros... by legitster on Monday July 01, 2024 @02:22PM (#40848706)
The argument they are making in the full context is that you can use the Nixon tapes admitting to the crimes in question, but you cannot use tape of Nixon discussing with his advisors the legality of such crimes.

A counter example is that we have recordings of JFK planning and discussing the legality of Operation Northwoods, but simply discussing or planning a potential crime is not a crime in itself.

Re:Supreme Court rules Trump gets limited immunity from pros... by lelandfe on Monday July 01, 2024 @04:30PM (#40850306)
That's one reading of "probing." There's quite a lot of latitude for interpretation – but note that it does not say probing the legality. Just "probing such conduct," wherein "such conduct" is conduct for which they are immune.
Re:Supreme Court rules Trump gets limited immunity from pros... by legitster on Monday July 01, 2024 @05:53PM (#40851169)
Elsewhere language the court uses is "in the first instance" - so you can use evidence from when the crime occurred, but it sounds like looking for subsequent conversations about it would be "probing".