I think the initial hopes of the DOJ were that one or both airlines would say screw it and not fight it, hence the attempts at a delayed trial date, attempts to delay things during the shutdown, statements by Baer that there was it was nearly impossible to settle, etc. The government was hoping that it would drive both airlines away. They failed to realize that we were coming at this thing with both barrels and that the outside support was overwhelming. At this point, I think they're just trying to get out of this thing with a slight bit of dignity still intact (is there such a thing in government?).