"operating illegally in full view" vs "legal gray area" is not a determination that can be made based on your subjective view of what "makes a thing OK". The fact that you pair the accusation that they are "operating illegally in full view" with the notion that you can condemn a thing that is not "currently being prosecuted" only further undermines your argument. Your moral objection is your judgement to make, the question of what is illegal cannot be. The latter is exclusively the domain of the courts, not any individual (or collective) moral outrage. Your seeming desire to conflate the two to satisfy your personal feelings unfortunately undermines whatever cogent points you may have re their legality on the merits.
The fact is they are currently working with the government on a return to the US markets. engaging in a government process such as they are seems to not resemble anything akin to "operating illegally in full view of everybody". You would be more convincing if you would levy your criticism in more reasonable terms. I personally suspect there is a lot more "gray area" here than you seem to contemplate.
This is a seriously tiresome argument. How about this? Feel free to cite how their recent moves will enable them to
1. satisfy regulators that they are not violating the Commodity Exchange Act; 2. satisfy other parts of the government that they are not simply illegal gambling; 3. satisfy the states that are actively suing them RIGHT NOW.
It does not matter that there are friendly people in the administration. The fact is that they were told to wind down their markets and leave. They did not do this. Even if their behavior may become legal in the future, it is currently illegal.
My personal objection is IN ADDITION to the legal problems. My personal opinion is that this business and the people who run it SUCK. There’s no conflating: both things are true. Why do you insist on sticking up for douchebags?