I see what you're trying to say but I still think it's wrong. An "organic" beginning of the scandal would be a... well it would be a "spontaneous demonstration" that then spiraled out of control, or something.
I suppose you're saying that the NPR Defense would take a directive by Obama off the table. That is, that if the partisan leftists in the bureaucracy that controls our lives got the idea from NPR, well, then, it didn't come from Obama, and hence would be a lesser scandal.
But that's a lot of supposin', and furthermore, I think that Mediocre Minds Think Alike, especially when they are very, very psychologically comforted by Group Thinking and Group Permissions, and so I guess I'd ask: How do we know NPR and Obama didn't both have the same idea? Obama sure talked about the danger of Citizens United enough.
And I suppose I'd counter-suppose the prosecution argument that concealment after the fact demonstrates the guilty mind during the action.
I also suppose that bureaucrats are not, if I had to guess, the most risk-seeking individuals from a psychological perspective, and so I'd start to wonder how risk-adverse personality types had decided to engage in risky behavior.
I'd imagine most risk-averse people engage in risky behavior only when the risk is reduced-- for example, if their bosses tell 'em it's okay.