This is typically the way it is in multi billion dollar Litigation especially involving major blue chip corporations and da gubmint with their virtually unlimited resources. But the trials would expose some of the governments bad acts we already know about, but as we have seen BOTH SIDES litigate and exhaust all the issues they think are subject to preliminary motions prior to the trier of fact deciding on the merits of the case. Once opening statements begin, look out because that's when the fireworks can occur.
Typically on the eve of trial after years of exhaustive discovery Documents, depositions, and fact finding and with all the preliminary motions out of the way, BOTH parties generally have a good idea of how the Judge will rule, but you never know until the hammer falls...
I think in the AIG case, Timothy Geithner and Ben Bernanke testified.
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