They aren't missing the point imo. What you are talking about would be a separate point in my opinion. I mean I agree with your point, just that I don't agree that those guys are 'missing' the point. They are just actually focusing entirely on the case after the fact.

Did you know I don't think that there should be laws against 'Drugs', at all?
Because that (having statutes) in itself is Unlawful.