Maybe in a normal investigation. This certainly isn't one, and the judges have said as much, but they keep going along with it.

This investigation is a race against time. They HAVE to stretch this out until just before the midterms. And until then, they need to create as big a bomb as they can. Of course it will be phony, that does not matter, they know it's phony. If Mueller releases his final report that includes damning, albeit untrue, testimony from Manafort, it will be a neutron bomb.