Monday, February 26, 2007
Re: Libby Update 5 [Andy McCarthy]
I'm still fascinated by the fact that the prosecutor and defense counsel have taken positions which run directly counter to the usual playbook. One other possibility to consider: they could be convinced that deliberations will go on for a while longer, perhaps even a few more days, in which case you would be running the risk of losing another juror. If it gets down to 10, the chances of the judge ordering a mistrial are much higher. It may be that Pat and Ted are factoring in that possibility — the defense would like to get to 10 since a mistrial would be a huge win for Scooter; the government would like to avoid that, for the same reason.
02/26 11:50 AM
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