One possibility, said Laurie Levenson, a criminal law professor at LMU Loyola Law School, is that prosecutors would have to prove that Mr. Trump knew for sure that Mr. Pence had no lawful basis to do what he was asking. Another possibility is that prosecutors would need to prove only that Mr. Trump had at least some reason to believe that his conduct might be unlawful and proceeded anyway, she said.
Source: New York Times
Why a Ruling Declaring Trump ‘Likely’ Broke Laws May Not Mean He Will Be Prosecuted