And besides, if that were true and Luigi truly did it, don't you think the current SCOTUS would use this great stroke of luck as a way of undoing some "dangerous" precedent?
If the feds did anything blatantly unconstitutional, then that would be used by the defense to convince the jury he should be acquitted. If he is found not guilty by a jury, it wouldn't go into appeals or to the supreme court because double jeopardy.