You and me both. But after reading this affidavit and some of the quotes attributed to Lambert, I'm even more convinced now than I was before that the official tack they're taking is "We still believe Hatfill is the guy, but we just don't have enough hard evidence in order to justify a prosecution. Just give us a little more time and we think we can get what we need to prove he did it."
I really can't blame them for taking this tack, and it's pretty much what I expected. It's a great way for the government to both have its cake and eat it too. They don't have to admit screwing up (we're the government, we don't make mistakes), and it seems as though they can play the game almost indefinitely as long as they have pliant judges who tend to give the government the benfit of the doubt. It also keeps them from having to pay some hefty cash to Hatfill, Maureen Stevens, and whoever else might decide to sue down the line.
"I really can't blame them for taking this tack,"
They have to, otherwise why would the judge not let the pase go on? Hatfill's lawyers said they weren't interested in other people being investigated, and would agree to some limits.
They're covering up. By October they can claim a year's worth of work after the Matsumoto science article shook the trees.