1. I know who Novitzky is and what he does. If you think Novitzky isn't a prime mover in this case, you are dead wrong.
2. You apparently don't know much about double jeopardy. Fortunately, the federal judge does.
NYTimes:
"Joshua Berman, a Washington lawyer and former federal prosecutor who knows Durham and Butler... Berman said the judge likely would have continued with the trial if it were further along. While the judge said double jeopardy — being tried twice for the same crime — might cause the case to be thrown out, Berman said that was unlikely because that ruling occurs only in exceptional cases."
3. I didn't claim 100 law enforcment officers--I made plain as day I was quoting the NYTimes article. Here it is again
http://www.nytimes.com/2011/07/15/sports/baseball/clemens-judge-declares-mistrial.html?pagewanted=1
<<“He is entitled to a fair trial and, in my view, he can’t get it now, and that was caused by the government,” Judge Walton said, later apologizing to the jury for wasting its time and the government’s money on a trial that had only begun Wednesday. The case has lasted more than three years and, according to the defense, has involved more than 100 law enforcement officials.>>
If you think the NYTimes would print a claim that sounds ridiculous like "100 law enforcement officers" without going to the other side and fact-checking/asking: "We have the defense on record as claiming over 100 law enforcement officers have been involved, can you confirm or deny" you again are wrong.
But it was the judge himself who was stating publicly that this witchunt has been a colossal waste of time and money--not me. I happen to agree with him. And Novitzky and Doug Miller are on notice at this point.
I happen to think Clemens was guilty.
I think the judge is right in declaring a mistrial.
Because, federal judges are more interested in preventing innocent people winding up in jail than guilty people walking-especially on a crummy lying to Congress charge. It's not exactly Watergate or IranCOntra.
But the other thing? Federal judges HATE getting overturned on appeal, and having Judge Jose Cabranes on the Second Court of Appeals b-slap you for sloppy jurisprudence is the thing sitting judges HATE HATE HATE. And Clemens of course would have appealed.