U.S. District Judge Alvin Hellerstein rejected Trump's claim that allegations in the hush money indictment involved official duties, writing in July 2023, "The evidence overwhelmingly suggests that the matter was a purely a personal item of the president — a cover-up of an embarrassing event."
"Hush money paid to an adult film star is not related to a president's official acts. It does not reflect in any way the color of the president's official duties," Hellerstein added.
The fact that the President committing crimes as official acts is now legal, I wouldn't expect to change the finding of unofficial acts to suddenly becoming official.