I would guess the only reason the Obama Judge sided with Durham is that the motion to dismiss was so patently, stupidly, and abjectly absurd that there was no way, shape, or form that the case could be dismissed because there isn’t a fig leaf a nanometer across to provide cover for the judge.
Otherwise, I would expect it would have been granted in a heartbeat.
Also, Sussman is probably just a fall guy and it is in the cards for him to go to trial.