Not intent, but the location and nature of the order. If it’s not in a war zone, not targeting an enemy combatant, etc. that’s not an order that falls within the scope of the core actions of a commander in chief.
> Whenever the President and Vice President discuss their official responsibilities, they engage in official conduct. Pre- siding over the January 6 certification proceeding at which Members of Congress count the electoral votes is a consti- tutional and statutory duty of the Vice President.
> The indictment’s allega- tions that Trump attempted to pressure the Vice President to take particular acts in connection with his role at the cer- tification proceeding thus involve official conduct, and Trump is at least presumptively immune from prosecution for such conduct.
They're laying out an extremely permissive standard.