In the view of the FAA, the crew in question violated many FARs up to and including potential reckless and endangerment. In the view of Delta Airlines, the crew violated certain policies and procedures as contained in their operations’ manual. In the view of the public these two are irresponsible buffoons.
Now it will be up to Cheney and Cole to defend the charges brought by the FAA, and Delta Airlines. It’s their onus to justify their actions and behavior which lead to incident.