Read what I linked. You can do things that otherwise would be legal, for ill-gotten reasons, and they become illegal.
Edit: For a different example, a police officer has the right to look up people's information when they pull them over. If they look up that information, then copy it down so they can call them later to try to hit on them, that's illegal. The act of looking it up, an otherwise legal part of their occupation, becomes illegal.
Double Edit: I'm not saying he's going to be convicted. I'm saying that he should be worried about how vindictive the DOJ might become as a reaction to his norm breaking.

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