Kelli Johnson talks with NBC News Justice Correspondant Pete Williams- 7/14
CSN Washington dot com. And here it is now set for September 2 to decide whether to hold a new trial the defense will argue that the case be thrown out due to double jeopardy the government of course we'll -- that Roger Clemens be retried. I recently caught up with a legal correspondent. Pete Williams for some answers. What double jeopardy says is the constitution says you can't be put on trial twice for the same offense. The question here is what's what is fair to both sides and the government did this if the defense had sort of tried to throw the trial it clearly wouldn't be fair to the government to say okay you can't try again but this was the prosecution's mistake. So what will happen now is the lawyers for both sides will tell the judge why or why not they think the day there should be a new trial. And then the judge will have to decide as a practical matter. To declare a mistrial on something like this I would say is is not likely but it's certainly not impossible I had to guess I would guess there would be a new trial. But at the judge says there won't be I wouldn't be stunned. CSN Washington dot com.