The big threat of that would be a dismissal after a jury was sworn. At that point, jeopardy attached, so rebringing the case could be unconditional under the double jeopardy clause [0].
The virtually unappealable way to do this would be to wait until the prosecution finishes their case. At that point, the defense will file a routine motion for a directed verdict that judges routinely deny. The defense gets to do that again after presenting their case. In either case, the judge granting the motion is not apealable.
The judge could wait until after a verdict and issue a judgement not withstanding verdict, but that is appealable.
[0] Not always though. A mistrial from a hung Jury can always be retired. Other forms of mistrial may be retryable depending on the facts.