Legal only in the sense of not being against the law
Here is a hilarious passage from a typical regurgitation of DNC talking points by the New York Times wing of the party, in this case on 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.
Well, the Times editorial board certainly nailed this one.
I had grilled chicken breast for dinner. It is only legal for me to eat grilled chicken breast because lawmakers have chosen not to criminalize eating grilled chicken breast. Indeed, you might as well say that I am guilty of a crime, when you really think about it. For me to claim to be "innocent" would not really be honest, now would it?
Not to the editors of the Times, anyway.