... and Trump didn't urinate on Russian prostitutes, and [insert long list of fake or missing justifications for witch hunts here].He's not a government actor. He didn't deprive anyone of an enumerated federal right. He wasn't on federal property, etc., etc. etc.
Legally, in the factual sense, I see your point and completely agree. In reality, I believe that the only reason they won't go after him another way is that they don't see enough upside in it.