Dershowitz: Of Course Mueller Is Not Going to Retry Manafort on Hung Jury Counts

EXCERPT:

SMITH: "Special counsel Robert Mueller facing a deadline for deciding whether to retry Paul Manafort on a handful of charges on which jurors could not reach a unanimous decision. Now federal prosecutors have until tomorrow to inform the judge of their decisions. So will Mueller's team bother with a retrial? Let’s discuss all of this with Alan Dershowitz, Harvard law professor emeritus and author of 'The Case Against Impeaching Trump.' Professor Dershowitz thank you for coming on the program this morning. So time is running out for Mueller --"
DERSHOWITZ: "Thank you."
SMITH: "-- ultimately does he decide to do here?"
DERSHOWITZ: "It's a no-brainer, of course he’s not going to try the hung jury counts for several reasons. Number one, he’s going to get the same sentence. The judges can take into account, charges on which there was a hung jury. Judges can even take into account charges in which there was an acquittal in sentencing. That’s how open end of sentencing rules are. Second, he’s going to want to hold these in advance in the event Manafort appeals and succeeds and reverses his conviction, they can then bring all the charges in a retrial. But right now, the retrial would be a waste of the taxpayers money and I can’t believe that he would actually move forward with a trial on those counts."