Andy Wise comments on former baseball star Roger Clemens' battle against perjury charges, which will likely be the subject of a second trial.  In order to avoid a second trial, Clemens would have to convince the judge that prosecutors intentionally provoked him into asking for a mistrial by showing jurors evidence that had been ruled inadmissible because the government suspected it was losing.  Wise says that "It is one thing when something like this happens three weeks into a month-long trial where the defense has poked big holes in the government's case and effectively crossed main witnesses.  But when you are on day two of a month-long trial, it is harder to argue that the government was throwing in the towel and goading the defense into seeking a mistrial so they could have a fresh start."

Wise's comments were also published by WTOP.