Even if it may be argued that you are technically right, the argument is too convoluded and obscure for most people to follow; if Kerry acted on this argument, it would undermine himself and Hillary in most people’s minds—which would be fine by me. As well, an argument may be made in the other direction—which might very well prevail in the courts.
Well, I am a lawyer. ; )
I didn't say it would be a good idea -- just that he could.