Why is it inportant that the promise was legal? That's what I am not understanding here. If the promise was legal then the correct action would be taking them to court.

Ned made a social obligation to the steem community to use the ninja mined funds for development reasons. As long as that contract is broken, whether it was legally binding or not, I dont see why the witnesses have any obligation to recognize the ninja mined funds.

Basically there is no legal defence or offence for anything going on here atm. Justin is free to use his steem for what ever reasons he pleases, and the witnesses are free to block his steem for what ever reason they wish. Its all just people deciding whether or not to hold up their own end of the "social contracts".