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Federal prosecutors filed a brief today, claiming that trying Roger Clemens for perjury a second time would not be a violation of double jeopardy principles.The first attempt to try him was declared a mistrial after prosecutors inadvertently introduced evidence that had been barred by a pre-trial motion.
Clemens’ lawyers are arguing that that prosecutors intentionally botched the case, because they knew it was going badly.
Considering it was only the second day, that seems like an unlikely strategy.
A judge will hear oral arguments next month before ruling on the legality of a re-trial.
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