It’s an easy out bc it negates the merits. I agree the elements aren’t close to satisfied, but you want to tell the court that you don’t have to go there bc of a procedural fuck up. Makes DOJ look incompetent &frames the haphazard of it all nicely. If you bury the argument you’re signaling it’s weak

Apples & oranges though, no? Similar cause of action, but Sussman’s indictment was 27 pages & entailed figuring out in what capacity he was acting when he made the statement. Seems a generous comparison to a blanket claim by attorneys that there are too many documents right after they indicted a guy