Only Legal Because It’s Legal

From today’s NYT editorial on the Justice Department’s decision not to bring charges against former House Majority Leader Tom DeLay comes this gem:

Mr. DeLay, the Texas Republican who had been the House majority leader, crowed that he had been “found innocent.” But many of Mr. DeLay’s actions remain legal only because lawmakers have chosen not to criminalize them.

Well, yes. That’s the way it works.

(Hat tip: Ramesh Ponnuru)