All that needed to be done was read the dicta in MvH and say "now what?" It is that simple. They would have to address that issue. instead they were able to hide behind a mountain of crap presented by Orly and say we have nothing to do with criminal proceedings....
Hammer to nail head. Fingertip to nose, fist bump... you are utterly correct. The simplest argument is easiest to argue and make your audience to understand. If Leo had presented the case he would have won it.