You may be right and I'm by no means a legal expert. I would imagine though that if the government is secretly giving the judge the outright impression that Hatfill is the #1 suspect in the crime and in reality they no longer really believe this, that this would have to be considered Obstruction of Justice (or something along those lines).
Judge doubts Hatfill suit will harm anthrax probe Scientist's claim that leaks wrecked his career elicits understanding at hearing
By Scott Shane
WASHINGTON - A federal judge said yesterday that he is not convinced that allowing a lawsuit by Dr. Steven J. Hatfill to proceed will endanger the FBI's investigation of the anthrax letters that killed five people in 2001.
During a motions hearing, U.S. District Judge Reggie B. Walton expressed sympathy for Hatfill's claim that government leaks have wrecked his career, the basis for the suit he filed in August against Attorney General John Ashcroft, the Justice Department, the FBI and other law enforcement officials.
"I totally understand how his life has been, at least at this point, virtually destroyed," Walton said. "I know I'm not inclined to give an open-ended stay," which would freeze the lawsuit indefinitely.
Walton said the government's voluminous court filings have not persuaded him to postpone the suit until the anthrax case is solved, as Justice Department lawyers are seeking.
"Is Mr. Hatfill still a suspect?" Walton asked. "Are there any suspects? At some point, it seems to me, if Mr. Hatfill did not commit this crime, he should get his life back."
In response, Assistant U.S. Attorney Mark E. Nagle told the judge that later yesterday the Justice Department would deliver to him an affidavit containing secret additional information on the progress of the anthrax case to justify the delay.
Nagle called Hatfill "an individual who by his own declaration is implicated in the investigation" but gave no indication of whether investigators still are interested in the former Army biowarfare expert. ...
___________________________
"an individual who by his own declaration is implicated in the investigation"
I guess that's the govt's line to win the case.
Me neither. But I try to fathom what's happening here from generalizations how humans act. I think CYA is an instinct traceable to earliest man. :)