No, you are wrong.
The Fed lawyers did introduce a motion to dismiss the case as it was reported here on FR. A judge can summarily throw out the case at anytime.
You should read this below as it is posted above by BP2, # 26. Notice the bold lettering:
10/5/09 Defense Motion to Dismiss to be heard. Carter indicted only a very strong compelling reason would move him to dismiss at this point. He will review the defense’s 9/4/09 MTD. He wants to hear the case on it’s merits. Discovery to be ordered 10/5/09 if MTD is thrown out.
You're very new here. In fact only hours old or minutes.