Category error. That's no different than being out of contact on vacation. Actually, it's better, since they were only missing his guidance on this specific subject, not anything else that came up during that time.

The shareholders could simply kick him out if they felt he wasn't doing his job. Instead they re-elected him with near-unanimity.

The alleged behavior in question is not that he didn't do his job, but that he committed various torts and federal crimes.