If it's illegal to scrape without permission, that makes the behavior of scraping illegal. They are not claiming it's a TOS violation, they're claiming it's a CFAA violation, which is a federal statue and (theoretically) applies equally to everyone.

My point is that someone with permission gave them access.

Having "permission" is not an applicable defense to a federal criminal charge, the law supersedes some random person (i.e. a LinkedIn user) saying "oh yeah, that's okay."

That still wouldn't prevent an entity (person or corporation) that never agreed to the TOS from scraping.