"However, exhibits displayed during the defense’s opening arguments show supposed emails from Brandon Mercer, Keys’ ex-boss, saying, “If you bill a thousand dollars an hour, that will help us get it prosecuted,” suggested the government is misrepresenting the true cost. In another email from the exhibits, Mercer estimated the damage at around $3,800."
So? That should normally be covered by damages and not punishment. The reason the defense "fixates" on how long the story was up for is because that actually has to do with the severity of the crime.
_A_ story. For 40 minutes. The prosecution couldn't even prove anyone saw the story in that time.