Prosecution should move for a directed verdict, or else for a mistrial. It is not within the purview of a jury to decide whether a case should or should not have been brought, only to decide guilt or innocence based upon the facts presented to them.
Ironically, they could have just acquitted and shut their mouths - then no one could challenge it. That is jury nullification. But coming out an stating the reason as they did is, if not a violation of the law, grounds for reversing the verdict or declaring a mistrial. The evidence was CLEAR, Sussman knowingly and intentionally lied to the FBI.
One more thing - if lying to the FBI is “a waste of time,” and should not be prosecuted...then, apparently, EVERYONE can lie to the FBI with impunity, as NO SUCH CASE CAN BE BROUGHT AGAIN. I know that if I was defending a client accused of that, I’d bring up this case and make the same argument...and the argument that there needed to be equal treatment under the law. No, it wouldn’t go anywhere - but this kind of verdict only encourages further law-breaking. EVERYONE should be punished for breaking the law, or no one should; there is no in-between. This verdict simply encourages complete and total contempt for the law.
We already have complete and total contempt of the law that ship has sailed!!