I realize you're just asking questions, but do you think that Weiner's not calling for a police investigation is evidence that he's guilty of sending this photo to a coed?
It's circumstantial evidence, but yes.
Also his lawyer says it was a prank.
No. If he didn't do it, it's a
crime. This is NOT the equivalent of a heckler in a crowd, and while I wouldn't spend time on a pie thrower, that's absolutely a crime and I'd sure as hell want the POLICE to spend time on it (which is usually what happens). Unless this was someone within his own office that he wants to go soft on (I wouldn't in his place), then treating this as a mere prank is a serious mistake. The whole point of getting a verified Twitter account is so that people can trust that it's really you, because it's important for a congressman to be able to communicate with his constituents. Letting hackers exploit or undermine this public trust for a sitting congressman is not acceptable.
I rather agree with you that if Breitbart did this, that it's a crime
There is zero reason to think Breitbart did it, even if Weiner didn't.
but I don't think considering it a distracting prank is unreasonable or a sign of guilt.
If you want to treat it like a prank, then you don't need your lawyer
at all.
And if you want to treat it like a crime (which is the only sensible response), you don't need to talk to a lawyer first either. You never
need a lawyer when
you are the victim, as he purports to be, and delaying calling the cops is pretty much never going to help catch the culprits. But if you want to know how much lying you can get away with, then a lawyer can be quite handy and the last thing you want to do is involve the cops.
Lawyering up doesn't prove that he's guilty, but it is suggestive. If he's not, then he's handling this badly. Very, very badly.