Today I spoke with several colleagues who were with Main Justice at times in the past, and posed this very the question. Their response was that one could be prosecuted for hacking the DNC unless the government inspected the computers AND let the defense share in the independent findings as part of the discovery process. It would be like allowing a victim in a criminal case to do its own DNA test, and allowing the only DNA evidence come from the party affiliated expert, with no independent analysis from the government or the defense.
Exactly it would be inadmissible