"Because of flawed construction" is not proven.
I would say Pirro, as a prosecutor with decades of experience, just acknowledged there was reasonable doubt that was too great for a successful prosecution, and so let this leftist Hearn guy be released.
Comey, with his "86-47" sea shells on the beach message, was INCITING THE ASSASSINATION of Donald Trump, a green light to an unhinged Democrat-Bolshevik Left that has already made more assassination attempts on Trump than on any other president in U.S. history.
And in addition, as I already cited, James Comey framed Trump and released classified FBI documents to trigger a false "Russia collusion" investigation, to try and prevent Trump from being elected in 2016, and failing in that, to then to cripple and overturn an elected president on false charges in 2017-2020.
And so Comey, McCabe, Meuller, John Brennan and many others belong in jail, because they not only used false charges and fraudulent prosecutions to damage and destroy Trump, but to damage and desttroy dozens around him, such as Michael Flynn, Michael Caputo, George Pappadapoulos, Roger Stone, Jerome Corsi and many others,.
And to also destroy about 20 Trump lawyers just doing their jobs defending Trump against false charges (indiced at high legal const, to intimidate other lawyers from defending Trump, or defending other Republicans in the future).
And as I said, these FBI leaders also falsely prosecuted and hid exculpatory evidence to get false convictions against innocent Arthur Anderson executives, and against Enron executives, and used the same legal tactics to maliciously prosecute Martha Stewart, Scooter Libby, and former Alaska Senator Ted Stevens.
And maliciously prosecuting many other innocent people over the last 30 years, I'm sure.
How do we know that?
Because many of these cases went to the U S Supreme Court, and were unanimously overturned, due to the FBI's (Comey's, McCabe's, Mueller's ) egregious witholding of exculpatory evidence in each of these cases. Some of the Arthur Anderson and Enron executives were killed in jail by other inmates, before the U S S C heard and overturned their cases.
For these and many other crimes, and treasonous abuse of their power, done to usurp an elected President Trump --the overwhelming elected choice of the American people-- these FBI leaders, and CIA, and DNI, and Obama White House officials, deserve to AT LEAST spend many years in prison. A firing squad in most countries would be the ultimate penalty.
For the pain they deliberately inflicted on so many with false convictions, for the ones who died in prison before their false convictions could be overturned, for the tens of thousands of careers lost and families bankrupted when Arthur Anderson was maliciously destroyed for no reason, James Comey and the others ABSOLUTELY deserve to spend many years in jail, if not the rest of their lives.
Let the punishment fit the crime, for the pointless torment Comey and others in FBI unleashed on so many innocent people.