Lisa Phelan spoke to the Wall Street Journal about the Justice Department moving forward with a third trial seeking to convict five current and former executives of chicken processers in a set of criminal cases and probes targeting price fixing and other alleged antitrust violations, despite a string of trial losses and questions about whether it has the evidence to back up some of its highest-profile prosecutions.
According to Lisa, trying an antitrust case for the third time is unprecedented. She added that cases requiring a retrial are typically harder for prosecutors to win.
“Generally defense attorneys lick their chops at the chance to go back at a case where they know everything the government might have up its sleeve,” Lisa said.