Yeah just that you cannot legally give away stolen funds...so the miners would make themselves legally vulnerable.
Vulnerable to what, a lawsuit? That's about as fanciful as the idea the daoattacker will sue the Ethereum Foundation really. It would also bring in to question the whole legality and regulation (or lack thereof) of TheDAO.
This doesn't mean I think they'll accept it of course.
If you were the boss of a large mining pool, would you accept money from that smart contract the attacker wants to set up?
You would be exposing yourself to criminal charges because you accept stolen funds, and on top, you accept stolen funds in return for mining transactions that transport further stolen funds.
For small miners, not a problem. Owners of large pools...beware of extradition.
