The biggest problem with prosecuting Harry for failure to permit a budget to be passed is that there is no penalty for the crime. It is true that Congress is legally required to pass a budget each year. There is no provision in the law, however, for what shall happen to a Congress that fails to comply with that law. We can try Congress collectively or severally, but when the convictions are handed down, what next? In the absence of applicable law, it would not be possible to pass sentence.
Interesting that most of the government is regulated by laws like that. If I step out of line, it's prison, fines, or both. If the government declines to obey its own law, well, what are you going to do?