Wait, hold up, you're saying that the DoJ, which is definitely "some in government" (because congress is not government, it's just one part of the government, there are many more parts) don't use the law as their benchmark?

Because that would be literally the opposite of reality O_o

The question is around whether the DoJ can make things stick, and the DoJ doesn't waste its time, and doesn't burn its budget, on cases they know they can't make stick.