Why would we apply the same standard to both sides? According to your point of view, the Confederate side was a criminal enterprise.
Why then should the legitimate government behave like a criminal enterprise too?
Are we to conclude that the government is no longer required to obey laws because criminals violate them?
"Criminal enterprise"? Well...
Any good mob lawyer can concoct a long list of government violations to free his client on technicalities.
And on occasion such tactics work and the murderer walks free.
But that always requires an appeal to and ruling from a higher court, sometimes the US Supreme Court.
In your case, no such appeals were made and no such rulings issued.
So your words here amount to nothing more that our notorious mob lawyer hoping to get his client released on technicalities from the court of public opinion.
Good luck with that.