Ya, because the deal says that what is extraordinary is totally subjective and in the eye of the beholder. Granted, in a really eggregious case, I suppose some Pubbie would say that the finding of extraordinary is clearly ersatz and disingenuous. Anything is possible.
Reid will just mention a phantom FBI file to smear another judge. Then what? Can't disprove it because it can't be shared. And won't reprimand Reid for it either.
That's all they have to do.