For the same reason Sandy Berger hasn't been excoriated in the press for spiriting 9/11 commission confidential documents out of their secure spot in his underwear and socks. He's a Democrat, and the media won't do anything to make them look bad.
Speaking of Berger, has anybody checked his pants for the missing stuff?
That's does not mean that the DOJ has abandoned the Berger case. It has not. It's just below the radar now because of the election. It takes time to build a case. We need to stop requiring instant justice; it's not realistic.
Remember .. it took over 2 years to build a case against Ken Lay of Enron.