As I have said before I'll say it again. He's a JUDGE, not a PROSECUTOR.
A judge will look for a case to be "on all fours" to render a decision, while a prosecutor will go to court with a case that has a compelling narrative and strong evidence. Merrick Garland is a judge and he's decided that partial compliance makes the case against these 2 is "confusing" therefore and that non-compliance isn't strong enough to try for a verdict against them. A prosecutor will not make that kind of decision him/her self, but will leave that decision to a jury.
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