The DOJ could honestly care less. Half the legal left's been working on the Bradley Manning case for about three years now, and they're still trying to nail him with as much fervor as they've been doing from the beginning. When an entity with the force of limitless sovereign power and influence (law is too restricting and doesn't quite accurately describe what's going on here, since they can and routinely do find ways to except themselves and those they pursue from the letter of their own laws) comes after you, the support of those people only matters so much (as in, not that much at all). If they want something done, whether it be putting someone in jail or presenting a bound of legality and illegality through a case (in this situation, both) they will find a way to have it done.
Even if it was capped at just declaratory relief (which, if you're looking at the actions of the prosecutors under Ortiz, wasn't going to be the case), that's still ridiculous, because you then have to deal with the issue of the application of that law and any more exceptions to that law that they want to apply in the future. Based on the actions of the DOJ since 2001, and American courts and lawmakers since the inception of an American system of law, I just find this to be a bit naive.
I could, of course, connect this to my other thread, but we're dropping that for a slightly more appropriate forum (Also, I'm tired. So this might seem a bit scattershot...)