“...but illegal AFTER he did the action.”
That makes it an ex post facto prosecution. That would be a clear Constitutional violation.
But when it comes to Donkey politics, we don’t need no steeenkin Constitution! Just like its perfectly ok for the number of votes counted being more than the number of voters signing in! (an actual ruling of the MN Supreme Court regarding the governor’s election).
“...but illegal AFTER he did the action.”
That makes it an ex post facto prosecution. That would be a clear Constitutional violation.
And that charge was dismissed by the Judge and upheld all the way to the Texas Court of Criminal Appeals......
http://www.freerepublic.com/focus/news/2632686/posts?page=156#156
December 5, 2005: Judge Priest dismissed one count, conspiracy to violate election law, but let stand two counts alleging money laundering and conspiracy to commit money laundering.