Since the hype is now solidly in the past even the few remaining true believers will begin to realize that "the law" must ultimately be backed by the capability to batter down doors and arrest people.
I wouldn't be surprised if the two defendants deluded themselves into believing that laws are not written in such a way as to allow the prosecution of old crimes in new clothes.
Only as much as the front-running MEV bots themselves, who are clearly engaging in the exact same behavior that's long been criminal on traditional financial markets. Why should these two be held to a different standard, all of a sudden?