> both - if the information was non-public (which it was) then it can’t be legally traded on
That’s not how insider trading law works in the US. In fact, almost no country works this way, with a few exceptions like France. Insider trading laws in the US are mostly specified in terms of fiduciary obligations.
I suggest subscribing to Matt Levine’s excellent Money Stuff column. He covers this stuff constantly, including lots of court cases straddling the border of what defines insider trading.