Doubtful it will even get that far, the DoJ will simply draft an appropriate fig leaf memo with a predetermined conclusion and the government will simply plow on ahead.
They simply say they have that memo. Who knows whether they even drafted it for real? And if anyone starts looking, Gemini can quickly draft one itself. Nice!
Don't be silly.
"When the president does it, that means that it is not illegal." - Richard Nixon
Also the Supreme Court, half of Congress, and apparently something like 40% of the American populace.