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You have to, they can't start a criminal investigation if they didn't think it was a crime. Both crimes are just as equally "administrative".
Similarly all of our foundational documents are living documents so a penalty just needs to be issued and precedent would be set. No one legitimately expected such a fucking masturbatory love of a document the writers of specifically said to change ... Often and as the need presents.
No, I'm talking about law. Administrative law is set by the administrative branch of the government as delegated by congress. It's not codified, but is the policy and procedures of those administrative bodies, which has the force of law. Breaching those policies and procedures, which is what Trump did, is in violation of administrative law.
A legal duty is a more nebulous concept that is generally based on legal precedent. Usually has to do with something related to torts. You can't just take someone to court for an novel legal duty and expect that to magically stick criminally. It needs to be codified by congress or created in administrative law first.