I don't know him and I can't parse your question/point/jab.
Suppose the prosecutiin makes shit up and gets a win resulting in a purpotedly innocent person going to prison on false pretenses.
Under his (SBF's lawyer's) argument, this type of lapse would be fair. After all, the prosecution isn't out for monetary gain. Is that fine?
Basically, his lawyers having made the arguments they have, if precedent were granted, it would amount to legitimizing a gross miscarriage of justice.
Any judge should see this for what it is and quash it. Then again, the legal system always amazes me in it's ability to torture itself.