Did I not say that there were side effects? :-) I realize this has problems, and I'm not the one to be providing solutions. However, "nuisance lawsuits" are a thing, and this case is probably the poster child. Only instead of "pay me and I'll go away", it's "we'll keep trying until we feel the tide of public opinion turns against us, then we'll pull out and try again...repeatedly." I don't know, just doesn't seem like the way things should work. You either have a case or not, public opinion be damned.

So fine, defendant doesn't get to push continuing the case. Then how about FBI doesn't get to try again? Of course, problem there is that the next will be ensured to be just different enough to not fall under whatever regulation or law is set up to deal with such a thing.