It isn't. Constructive is when you point out a problem and suggest a better alternative. If you just point out problems (especially by taking a narrow legalistic approach to casual conversation) then you're just being a pedant and undermining their substantive argument (in this case, that finding a way to derail the administration is a matter of urgent necessity). You are of course welcome to disagree with that substantive claim, but if so then it's better to do so openly than under cover of fault-finding, which is regarded by many as concern trolling.

An open endorsement is not at all comparable to breaking the law, stealing information, turning it into misinformation, and leaking it anonymously. You also could say that Muhammad Ali and I both have thrown punches and that Linus Torvalds and I both have contributed to FOSS projects, but what would it mean?