> They know what they are doing is illegal
This is a bad take. What they are doing is quite obviously legal right now. Federal law trumps state law and the feds have an opinion, despite being weird and controversial.
There are a number of ongoing legal battles about the federal laws but until they work their way through the courts, it's "legal". Also, it could all get resolved with a new presidential administration in two years. This is the correct solution.
We shouldn't cheer for personal prosecutions over definitionally legal activity. Nothing good will come of it. See also: Sending mifepristone across state lines, or traveling out of state for abortions.
> What they are doing is quite obviously legal right now. Federal law trumps state law…
No. There's no "states must permit gambling" Federal law for state bans to conflict with currently; states are free to ban it.
https://en.wikipedia.org/wiki/Gambling_in_the_United_States
"While gambling is legal under U.S. federal law, there are significant restrictions pertaining to interstate and online gambling, as each state is free to regulate or prohibit the practice within its borders."
"What they are doing is quite obviously legal right now. Federal law trumps state law and the feds have an opinion..."
Federal law does not categorically trump state law.
https://en.wikipedia.org/wiki/Federal_preemption
Whether pre-emption applies in this case depends on whether the courts accept Kalshi/Polymarket's claim that they operate a futures trading platform, not a gambling platform. If and only if that claim is accepted is there a pre-emption argument, and only then would the opinion of the Commodity Futures Trading Commission be relevant.