We're working with precedents here. The Clinton Campaign had allegedly looked for information from a foreign source with US intel connections where it shouldn't have, and the Annoying Orange Adm. went on to fire Comey and say that the Clinton investigation was inadequate, iirc stating informally (as is the norm) that Hillary should be in prison. The precedents at play is make your opponent into a criminal, not just to besmear them anymore. And frankly I'm less interested in the circumstances and more about the actions that follow.