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Yeah, that confused me as well. I had to read that 3 times to figure out the distinction.
53% of Americans say they would definitely not support him if he’s the GOP nominee, and another 11% say they probably would not back him in November 2024.
“the GOP nominee” and “in November 2024” both refer to the same thing, but the phrasing change distracts from the definitely/probably thing.
I think that legal theory is intended to prevent the trial from even reaching a jury. This was in a motion to get the case tossed out of state court, citing the Supremacy Clause of the Constitution.