What if they gave a re-trial and no jurors came? By which I mean, what if the federal court couldn't seat a jury for the re-trial of former Allegheny County Coroner Cyril Wecht because every person in pool after pool declared him or herself hopelessly prejudiced against the government, until there was no one left to call?

It would be civil disobedience on a massive scale. But it may well be the taxpayers' last line of defense against a prosecutor determined to double down on the public's dime with a losing hand.

Forty-one charges of mail fraud, wire fraud and theft, and after a 7-week trial and 10 days of deliberation, U.S. Attorney Mary Beth Buchanan's office couldn't get a conviction on any of them, even though the defense never put on a single witness. A hung jury led to a mistrial, and the government moved immediately for a re-trial without even polling the jury.

The evidence suggested that Dr. Wecht did co-mingle his private consulting business with the work of the coroner's office, which was run in too many instances like a personal valet service for him and his family. The question was, did this merit criminal charges and the full force of the U.S. Justice Department?

As the trial unfolded, I kept thinking of the film "A Few Good Men," and the phrase uttered by Jack Nicholson's Col. Jessup to Tom Cruise's Lt. Kaffee: "Please tell me you've got something more, Lieutenant. Please tell me there's an ace up your sleeve. These two marines are on trial for their lives. Please tell me their lawyer hasn't pinned their hopes to a phone bill."

Lt. Kaffee did have an ace, but the Wecht trial never produced one. The fax bills, padded limousine invoices, hot dog runs, even the unauthorized use of cadavers for student autopsies just didn't convince the jurors that the defendant was a criminal.

This isn't about Dr. Wecht anymore. Or, rather, it's not only about him. He might get another hung jury or an acquittal, but it still will have cost untold additional public dollars that could have gone to, oh, about a thousand other more critical issues.

And if there is a conviction, the public good will have been served how, exactly? The man has been virtually bankrupted by this three-year ordeal. He's not going to return to public office. He's 77 years old. It's enough.

I have argued here before that the Wecht prosecution fits into a larger pattern of Bush administration witch hunts against prominent Democrats. But whether Ms. Buchanan is driven by politics or pride, there seems to be no stopping her short of a citizen revolt.

This would not be the kind of jury nullification that we've seen on "Law & Order." It would be the pre-emptive kind that stops a trial before it starts, that says the public is not gonna take it anymore.

Imagine this scene played out over and over in the federal courthouse.

"My name is Alex Smith, I live in Turtle Creek, and I cannot judge this case in a fair and impartial manner because -- with all due respect -- I believe the feds have run amok."

"My name is Toby Jones, I live in Blawnox, and I can't be fair to both sides because, quite frankly, one of them is squandering my taxes on a mockery of a sham of a travesty."

"My name is Randy Johnson, I live in Bethel Park, and I can't keep an open mind because I have a strong bias against government waste and over-reaching prosecutors."

A few weeks of that and Ms. Buchanan might be forced to rethink her strategy.

Is this an irresponsible suggestion? That depends on whether one sees jury nullification as a triumph of democracy or a threat to the rule of law. It can be either or both, depending on the circumstances.

The phenomenon occurs when a jury substitutes its own sense of fairness for the law of the land. Jurors decide to acquit even when guilt is well established, based on their own code of ethics, morals and conscience.

It might be because they think the law in question is stupid or unjust, the penalty would be too harsh under the circumstances or the defendant is being railroaded. In essence, the jurors are putting themselves between the legal machinery and the accused, stopping what they perceive as a miscarriage of justice where nobody else can or will.

At its worst, jury nullification has resulted in all-white juries acquitting white defendants for the murder of black victims despite overwhelming evidence of guilt. At its best, it has brought common sense and decency to a process that sometimes resembles a runaway train.

Ms. Buchanan said she is committed to "eliminating the culture of corruption that prevails when officials at the highest levels abuse the public trust." If this ain't that, I don't know what is. Prosecutor, heal thyself.