My view of your question is simply "the devil is in the details"...most lawyering is done outside of the courts eyeballs...indictments...charges etc ...start the ball rolling...negotiations based on real-time EVIDENCE helps to cure the reasoning on both sides.
Political leanings and agendas can polish the facts...Butt,...ultimately in negotiations, it has to serve both sides.
Nothing can be gained by beating on the arm... that is trying to stop you from drowning.