If I remember correctly, Pincus was called as a defense witness to discredit Ari Fliescher -- so they would have seen his knowing Pincus as a good thing, not a bad thing.
Still, it seems odd not to object to this guy.
They could not find an impartial jury that didn't hate President Bush or the Battle in Iraq in the WOT. This buffoon appears to have been upfront with both sides and said he could be impartial.
Risky true, but the whole jury selection and fair trial was a crapshoot in this case in DC.