No hand wringing about that. He should be arrested for his actions as an elected official sworn to uphold the law and violating it. What happens in the trial comes later...the arrest should occur based on his actions but the pols do not have the cajones to simply do what is right. It is one of the principle problems besetting us as a people right now. They are too worried about "politics" and not worried about their duty or sworn oath and therefore there are no consequences for such actions which begets more and more of them.
Say all you wish about legalistic manuever...in the end, a horse theif is still a horse theif...so to speak.
Then should every law which MAY be contested for constitutionality be ignored by the ruling class? Can Arnold issue gun permits. (wish he could). Can the TSA continue to search you without a warrant?
The bottom line is We The People must hold the ruling class to the same laws, as they are currently written, until and only until they are ruled unconstitutional. Your solution is to ignore certain laws for the ruling class because they MAY be overturned.