I think you are correct here, but it still leaves the open question whether the government's case is weak because it is weak on merits or because the people in charge of defending/executing/prosecuting the case intentionally made holes in it or botched it to make it weak. I won't claim either is the case, only point out either or a mixture of both is hypothetically possible and merely making your assertion true doesn't rule out the latter being true.
I don't doubt you have concrete examples of cases failing on merits, but I am only meeting you on the arena you presented.
I do very much expect people will present to cases on either side they believe are failures based on merits and ones they believe officials intentionally (or even accidently) botched. It's quite possible both have been true, in various cases. I won't make such assertions myself either way in this thread, only note that even if hypothetically what you say is true (even in the concrete) it wouldn't prove the underlying claim.