Sure, perhaps he should be. He hasn't been, nor has he been convicted, so it's tough to say what the outcome would be. Have you considered that maybe he hasn't been because there is no case to build?

Devil's advocate: I'd be nervous answering those questions publicly when they are close to undoubtedly classified topics. Were there also closed door hearings?

There is precedent of just responding that you can't discuss that. Not committing perjury. Its plain as day and you are stretching remarkably far to excuse blatantly illegal and immoral behavior.