From the New York Times editorial on the investigation of Tom Delay:
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.
Had those lawmakers known in advance what actions Delay would take, they could have passed laws criminalizing them. Think ahead a little bit next time, Democrats.
By the same logic, the New York Times editorialists are not in the dock only because "criminal stupidity" is a figure of speech and not an actual law.