In a legal context I think whataboutism would be bringing up an example of someone who committed a similar crime but was not charged as evidence that someone sh

In a legal context I think whataboutism would be bringing up an example of someone who committed a similar crime but was not charged as evidence that someone should be acquitted. There's nothing wrong with analogy, it's when you bring up someone who might be guilty of malfeasance to excuse another instance of seeming malfeasance that it's whataboutism. It's not whataboutism when you bring up someone who did the same thing and was demonstrated not to have done anything wrong, which is what courts do.