You're missing a critical step. The emails were publicized by another party. They have become public knowledge. If the Donald Trump campaign obtained Hillary Clinton's emails illegally there would be a question about using those emails that were obtained illegally. It's the same as the Clinton campaign using an illegally obtained copy of Donald Trump's private property, be it an unauthorized copy of his tax returns. This is why there is a question looming about the New York Times' publication of Mr. Trump's tax returns that were assumed to have been obtained illegally. I won't get into other privileges, rights and defenses that might be asserted, just connecting the dots.
