Tuesday, April 22, 2008
It is without doubt that this case has been enormously controversial. First there were questions about whether this case warranted a federal prosecution, and more importantly one with this many charges. Then there was a seven week trial with a long deliberation, but that ended with a hung jury. (see here) The post trial conduct by the FBI in questioning jurors certainly raised some eyebrows. (see here) There were even questions about how the jurors names were obtained. (see here) There have also been claims that the FBI fabricated a 2005 affidavit (see here). And there are claims that an excused juror did not want to leave the deliberations (see here). And the prosecution is arguing that they need "outsiders" to get a fair jury in the retrial (see here and here). And the judge responding to claims of bias, says he is not stepping aside. (see here and here) And you have the house committee asking for documents related to this case (see here). And there have been claims of this being a political prosecution (see here). And you have prominent players asking AG Mukasey to step in here. (see here)
Wouldn't this be a perfect case for a Frank Quattrone style deferred prosecution agreement (see here)?