They don't make rules to govern every occasion. Sometimes people think of really stupid ideas, and they carry these stupid ideas out into the realm of action, and they justify their bizarre, ridiculous, borderline criminal behaviour by saying that they aren't/weren't breaking any rules.
Case in point, laughable imbecile (but dangerous, callous, fanatic) US Attorney General Alberto Gonzales. When Whitehouse legal advisor, he'd come up with a surveillance program that even frightened born-again fascist John Ashcroft, who was AG at the time. John Comey, Deputy AG was also opposed to it.
Then, Ashcroft has to go in for gall-bladder surgery and turns over his authority to Comey, making him Acting AG. Gonzales and company approach Comey with another surveillance program, just as disgusting as the earlier one, and Comey again refuses to give it his approval. On his way home, he receives a call from Ashcroft's wife, from Ashcroft's recovery room: Gonzales and team are coming over, no doubt to brow-beat the sick man into giving the proposed program his approval. Comey rushes over and in the end, Gonzales and the Whitehouse are thwarted.
But here's the thing of course. Ashcroft had no authority (as he, himself said in that hospital room), so not only was Gonzales's action reprehensible, it was also mind-bogglingly stupid and pointless. Even if Comey hadn't shown up and Ashcroft could have been made to sign-on to their frightening proposal, it wouldn't have mattered.
Here's Republican Judiciary Committee member Arlen Spector, a heretofore loyal bushie, who is quickly becoming honestly nauseated with the depravity of this administration, trying to fathom the depths of Gonzales's thought processes:
"There are no rules" Gonzales keeps blabbering. Of course not you idiot. Nobody would think to write a rule that anticipated such equally scuzzy and stupid behaviour.
Impeach him already. Drive him out.