Whether the communications alleged in the indictment involve official conduct may depend on the content and context of each. This necessarily factbound analysis is best performed initially by the District Court. The Court therefore remands to the District Court to determine in the first in- stance whether this alleged conduct is official or unofficial. And the parties and the District Court must ensure that sufficient allegations support the indictment's charges without such conduct. (d) The Government takes a similarly broad view, contending that the President enjoys no immunity from criminal prosecution for any action.

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Persons: Snyder, Phelps, Trump, lar, mately Organizations: Court, Government Locations: Nation's Government