ney named Laura Powell, civil liberties attorney, she did some research and here are some conclusions from somebody who knows what they're talking about. So I'll try to do as best I can give you my non-lawyer summary of what somebody smart actually says about this.

So Laura Powell says in New York state it's a well established rule that a jury may not consider a lesser included charge unless it has acquitted on the greater charge. And that's not what happened. So what happened was the greater charge was dismissed. It was not found guilty and it was not acquitted. So if it's true that New York State requires that you can't even consider the lesser charge unless the higher one has been acquitted, means that we're already in non-legal territory.

If that's the only thing you knew you're already, it looks like it's a reversible case or something that would die on appeal. But there's more. Laura Powell says she can't find any authority, legal authority, for allowing a prosecutor to dismiss a charge after the case has been submitted to the jury. New York only allows the jury to be discharged without rendering a verdict when there's a mistrial, which didn't happen, or all parties consent, which didn't happen. So process-wise there's a big problem.

And then as Powell points out the prosecutor would be free to refile the charge but I think only the lesser charge because if they try to recharge on the top charge, and this is the first time I've heard this, that would be after jeopardy has attached. So jeopardy means are you at risk of something bad happening. The reason we have a double jeopardy law is if you get tried for a crime and then you're not found guilty allegedly you shouldn't get tried a second time for the same crime because it's putting you in jeopardy a second time. So the law doesn't allow that.

But in this case was Penny put in jeopardy? And the answer is yes he was put in jeopardy on the first charge. And even though it's been dismissed which is maybe something that wasn't even legal to do, if they were to try him again it would be a new trial on the top charge and you couldn't do the top charge again because that would be double jeopardy. But not the kind of double jeopardy exactly we've ever seen before because what the court is doing is something that nobody's done before. So it's really complicated. You know like every legal thing is as soon as you get past the top layer.

And then Powell says the prosecutor's move is obviously designed to obtain a compromised verdict after gaining some insight into the jury's deliberations. So Powell says although I haven't found any cases on point, so no case law that supports it, this sort of gamesmanship strikes me as a due process violation. Yes, yes it looks like a due process violation to me. Meaning that if a judge is making up a process that has never been used before and it's primarily designed to make sure this guy goes to jail, if that's not a process violation I don't know what would be. I mean it sounds like a pretty clear case to me but I'm no lawyer so don't listen to me.

Here's the part I'm going to add from my personal expertise which is understanding Trump supporters. I feel like I have that going for me. Like I can't really speak to the law but I feel like I've got a little bit of credibility on how do Trump supporters think because I've made some good predictions in that domain.

Here's what I think. I believe that whoever had the stones, male or female, whoever had the stones to hang the jury on the first charge, there's no way in hell they're going to back down on the second charge. So I don't know what Democrats would be like sort of as a stereotype. I don't know. But you show me one Trump supporter in the whole planet who would say no to the first charge and yes to the second one. Show me one person. I don't think that person exists.

I think we've got an actual patriot on the jury, maybe more than one. We don't know the vote yet but I'm going to predict, I'm going to double down on my hung jury. So I predicted it would be a hung jury but I didn't know the nuance of you know that the second charge could be, wait the higher charge was dismissed. So I didn't know the nuance but I predicted a hung jury.

There's no way that that second charge is going to be guilty because whoever took that arrow in the chest, because you know there was somebody who just, I just have to swear. Can I give you a morning Sunday curse? Because it's just the way to explain the situation. There is somebody on that jury who just said fuck you and they're not taking it back. There's no way. There's no way that person's going to compromise.

I don't know who it is but whoever said hell no you're not crossing this line and I'm going to be the one to stop you at great personal risk, as in my life, I'm going to risk my life to make sure he doesn't get prosecuted on the top charge. You think that that person or more than one person, you think that that person's going to fold on the second charge? Nope. It's going to be a hung jury.

I mean I don't think it's going to be total acquittal even on the second one but I do not see somebody who is strong enough to hang the first charge backing down on the second charge. I don't see it happening. So I'm going to confidently, I hope I'm right. I mean nothing's 100% right but I cannot imagine anybody would be strong enough in that context. Because remember this is somebody risking his or her life because there are going to be a lot of unhappy people if Penny goes free.

So somebody is risking their life to get this right. They're not going to back down. They're not going to back down. It also means you're almost certainly not going to have a verdict on Monday. I think the judge is going to make them fight for at least one extra day. If they come back and say we can't reach a verdict on the second charge I think the judge is going to say try one more day, just one more day. But maybe by late Tuesday or Wednesday I predict hung jury. So we'll see.

Well there's more drone spottings in New Jersey. More large drones spotted. ABC News says the FBI is investigating after latest drones were spotted over Central New Jersey last two weeks and it's a cluster of drones. Apparently they're calling it a cluster. And there might be fixed wing aircraft and they've been sighted along the Raritan