I broadly endorse your judgment on this topic inasmuch as I’ve observed it, for whatever that is worth. I do want to add the specific note that one of the most serious problems with the process issues is that they led to such an adversarial launching point to the topic that the response was in an unreasonably difficult position from the beginning. Ozy’s article (while being on the whole a defensible view) criticizes the approach of the response quite harshly, but speaking with precision and grace in high-pressure, intensely adversarial situations with an audience primed to distrust you is a specific, rare skill with only limited bearing on someone’s approach in regular times.
You are likely right that a mistrial is unrealistic at this point, but inasmuch as people take the approach you advocate, it’s worth emphasizing the reasons process concerns make putting things together so complicated.
I broadly endorse your judgment on this topic inasmuch as I’ve observed it, for whatever that is worth. I do want to add the specific note that one of the most serious problems with the process issues is that they led to such an adversarial launching point to the topic that the response was in an unreasonably difficult position from the beginning. Ozy’s article (while being on the whole a defensible view) criticizes the approach of the response quite harshly, but speaking with precision and grace in high-pressure, intensely adversarial situations with an audience primed to distrust you is a specific, rare skill with only limited bearing on someone’s approach in regular times.
You are likely right that a mistrial is unrealistic at this point, but inasmuch as people take the approach you advocate, it’s worth emphasizing the reasons process concerns make putting things together so complicated.