Merlino is going to trial because if he takes a plea for even a year, he will be on paper when he gets out. He doesnt want to get violated.
I am also betting both he and his lawyers know the case is extremely weak and they feel there is a good chance the prosecutor may drop his case just before trial.
The prosecutor is hoping they take a plea rather than waste all that money on a trial with no hope of a conviction. I wont be shocked if they offer Merlino 5 minutes in prison just to get a conviction.
The feds should not be playing games like this. They have no case, move the fuck on.