Mueller’s Double Play • On the March • Pro Bono Spotlight

Special Counsel Robert Mueller had quite the day.

President Donald Trump’s longtime lawyer and fixer Michael Cohen pleaded guilty to making an excessive campaign contribution at the behest of an unnamed presidential candidate. And Trump’s former campaign chairman Paul Manafort was found guilty on eight counts, while the jury hung on 10 others.

But Manafort shouldn’t necessarily think of those non-convictions as victories, or even a draw, when it comes time for sentencing. That’s partly because judges can look to conduct they believe defendants committed even if they weren’t convicted, ultimately leading to harsher sentences.

The practice seems counter-intuitive, and ...