The government is clearly incapable of stopping him, so in the end, it doesn't really matter if it's illegal or not. He'll do it because he can, and he'll get away with it.
It __does__ matter. Pointing out that somebody is flagrantly and openly defying their oath to the constitution is important. It’s important to note that we are no longer a liberal democracy. It is important to call out the fact our republic has ended.