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“The facts are the facts, and both sides will lay those out,” said Cassell, who now teaches criminal law at the University of Utah College of Law. But he said the government might have an advantage in the mistrial, having already seen the defense’s opening argument.

“Typically defendants don’t have to put any cards on the table leading up to a trial,” Cassell said. “Prosecutors are often shooting in the dark. Now they now can use the defense opening statement as a roadmap.”

Harry Sandick, a former federal prosecutor who now defends white-collar cases, agreed.

“The defense took their best shot, the prosecution saw the opening, that’s an advantage to the government,” he said. Even though the defense also saw the government’s opening statement, that’s less of advantage to Clemens because prosecutors tend to open with a more standard argument, Sandick said.