"....crime of conspiring to impede the work of the president and the Senate."  Now there is a novel theory.  

How about John Quincy Adams attempted appointment? 

 "Adams nominated John J. Crittenden on December 18, 1828. The Senate postponed the vote on his confirmation, by a vote of 23–17, on February 12, 1829. The Senate did not explicitly vote to "postpone indefinitely", but the resolution did have that effect."
Andrew Jackson
Jackson nominated Roger B. Taney on January 15, 1835 to be an Associate Justice. A resolution was passed by a Senate vote of 24–21 on March 3, 1835 to postpone the nomination indefinitely. Later, after the political composition of the Senate changed, Taney was confirmed as Chief Justice.
Nominations are now and always have been political footballs.  Starting with one George Washington.  Wikipedia identifies 16 Presidents who have made unsuccessful  nominations of a total of 29 nominees.  The latest was George W. Bush.  Should we prosecute those Senators?