@Ron...How would this be subverting the results? Seems to me it is the only way to get a result. The free-draining material problem is most often caused by a gap graded material and D1557 (para 5.3.3) allows for modification of the method using engineering judgement in that case.
Actually, now that I think about it, I wonder if perhaps Jade's problem is actually caused by gap grading rather than the asphalt in the material? The maximum particle size of 2" makes me think this is likely unprocessed or minimally processed RAP and therefore gap grading would be likely since most of the fines from the original mix would be bound in clumps of pavement. Also, the problem with a material containing asphalt is usually that you can't get enough water into the material to compact because the asphalt containing fines repel the water. If the problem is that water does mix into the material but too much water is required to stay in the mold, that would point to an absence of fines, i.e., gap grading.