Best Doug Passon Podcasts (2024)

1
Outside the Box Defense with Investigator Justin Yentes 1:11:12

5d ago1:11:12

1:11:12

A good investigator can be essential to winning cases at trial or sentencing. They bring a fresh perspective and outside-the-box techniques that help lawyers better communicate the truth of their sentencing story. This week, we’re thrilled to have Justin Yentes, one of the best investigators in the business, on our podcast! Justin’s wealth of exper…

1
The First Step Act (with Walt Pavlo) 49:13

23d ago49:13

49:13

The FSA is meant to give non-violent offenders a chance to significantly reduce their term of incarceration through programming and good conduct. But, the BOP is proving to be unwilling or unable to properly implement the law. Helping us get set for sentencing this week is Walt Pavlo, founder of prisonology.com and frequent contributor to BOP issue…

1
Bonus YouTube Livestream: Hunter Biden Conviction - What To Expect at Sentencing and is Lawfare Really a Thing? 55:24

1M ago55:24

55:24

We went live the day after Hunter Biden was convicted in Federal Court on three firearms charges. Not only do we take a deep dive into Hunter Biden's sentencing issues, we also peel back the layers of this new-ish word permeating the lexicon of the right/Trump supporters -- LAWFARE. Lawfare refers to the supposed "weaponization" of the criminal jus…

1
Marilyn Mosby Sentencing Post-Mortem 41:46

1M ago41:46

41:46

Marilyn Mosby, Baltimore’s former top prosecutor, made headlines for her bold actions during her tenure. She fearlessly took on the Baltimore police, charging those involved in Freddie Gray’s death, and advocated controversial positions, including refusing to prosecute low-level drug offenders. However, her own legal journey took an unexpected turn…

1
DePape (Pelosi Attacker) Sentencing Post-Mortem 48:19

2M ago48:19

48:19

It shocked the nation when David DePape, driven by insane QAnon conspiracy theories, violently attacked Paul Pelosi, husband of former Speaker Nancy Pelosi. A federal judge recently sentenced DePape to 30 years in prison. With that de facto life sentence looming, we uncover a legal twist: the judge’s oversight during sentencing denied him the chanc…

1
Pre-Sentence Reports 1:08:56

2M ago1:08:56

1:08:56

The pre-sentence report is arguably the most crucial sentencing document. Not only does it serve as a vital tool for judges during sentencing, but it also acts as the “bible” that the Bureau of Prisons (BOP) relies on to make critical decisions about our clients. Unfortunately, many lawyers struggle to properly prepare their clients or ensure the r…

1
The Artificial Lawyer: A Debate About the Usefulness of A/I in the Legal Arena 1:00:33

3M ago1:00:33

1:00:33

Artificial intelligence is here and it’s getting more sophisticated and more ubiquitous every day. Indeed, the legal community seems to be largely embracing A/I with open arms. But the jury is still out whether this somewhat terrifying new technology is going to be our savior or our destroyer. Therefore, helping us get set for sentencing this week …

1
Trump on Trial 56:05

3M ago56:05

56:05

Today history is being made, as the first criminal trial of a former president for multiple felony allegations begins in New York. But none of the pundits seem to be talking about what happens if Trump loses at trial. Therefore, helping us get set for sentencing is a superb New York criminal defense attorney, Richard Willstatter, to break it all do…

1
Sam Bankman-Fried: Sentencing Post-Mortem 1:28:31

4M ago1:28:31

1:28:31

Last Thursday, Judge Lewis Kaplan sentenced Sam Bankman-Fried to 25 years in prison. Some think that’s an appropriate result. Some think it should have been more. But this sentence far more than necessary to meet the goals of sentencing. The bigger problem is, there were likely missed opportunities to convince the Judge that justice demanded a lowe…

1
Guidelines Blues: The Commission’s Next Moves 52:03

4M ago52:03

52:03

The guidelines commission is gearing up to make their recommendations for the next round of amendments. It’s the follow-up album to their first hit record, which included memorable songs like The “Zero Point Offender Boogie”, and “Release Me (Compassionately)”. The real question is can they top their debut with their sophomore effort? Will there be…

1
When Justice Depends on It: The Need for Professional Standards for Mitigation in All Criminal Cases 56:02

4M ago56:02

56:02

Mitigation has been an integral part of death penalty defense for decades and there are minimum standards that apply in that context. When an early and thorough mitigation workup occurs, good things happen. But, many non-capital attorneys don’t recognize the need to adopt this approach in their everyday criminal matters. Without good mitigation, ev…

1
BOP MEANS: Back Off the Punishment: Making the Case That Judges Must Fix the BOP by Imposing Fewer and Shorter Prison Terms 1:04:21

5M ago1:04:21

1:04:21

The Bureau of Prisons is dysfunctional, dangerous and dehumanizing. Its failures have been well-documented recently in the press, in OIG reports, and in judicial opinions. But some judges still don't understand that they have the power and the responsibility to do something about it. Moreover, lawyers don't always know that BOP dysfunction is power…

1
Indian Country: A Glimpse into Tribal and Federal Indian Criminal (In)Justice 50:25

5M ago50:25

50:25

The criminal justice system is a tool of social control. And no where is that more evident than on our nation's Indian reservations. American Indians have been the targets of the wrath of the criminal process since the day a renegade Sioux warrior Crow Dog shot Chief Spotted Tail dead in the late 1800's. We can watch wonderful films like Dances Wit…

1
A Child's Poison: Lead Poisoning as Sentencing Mitigation with Dr. Ted Lidsky 55:32

6M ago55:32

55:32

The government often weaves false sentencing narratives about our clients: they are born bad, uncontrollably violent, no concern for others, no respect for the law. There’s always a more truthful, powerful, and humanistic story to tell. And in some of those cases that story could be LEAD POISONING! The fact is, the probability of those who have bee…

1
Year of the Dragon: Sentencing Guideline New Year's Cheers & Jeers 1:20:50

6M ago1:20:50

1:20:50

What better way to start off the new year than to review some of the big guideline changes that took effect at the end of the year, and some forward looking sentencing commission proposals for changes that could be coming in 2024? We kick off this year with our friend and colleague, guidelines and sentencing stats guru, Mark Allenbaugh. He’s drinki…

1
A Brief Haitus: Set For Sentencing Takin' a Break 4:30

8M ago4:30

4:30

Hey everybody. We've been dropping new episodes every week for for about 80 weeks now. It's time to sit back, relax and ride out the rest of 2023. We'll be back in full force come 2024. Until then, enjoy some old episodes, like, share, subscribe and spread the word. Together we will make meaningful and lasting change in our broken sentencing system…

1
David DePape (Pelosi Attacker): Guidelines & Mitigation Breakdown 47:06

8M ago47:06

47:06

David DePape did something terrible, breaking into the San Franscisco home of Nancy and Paul Pelosi, attempting to Kidnap the former Speaker of the House, and savagely attacking her husband with a hammer. He was just convicted in federal court for his crimes, with more to come in state court. He is more than just his crimes. But sadly, the likely t…

1
Making Sense of the Georgia Trump RICO Pleas (Vol. I) 46:55

8M ago46:55

46:55

Three lawyers (so far) have plead guilty in the Georgia State RICO case. I had so many questions about what these pleas and sentencings really meant - for the lawyers who entered them, the remaining defendants, and the pending federal matters. But, I don't practice in Georgia state court. Therefore, I put out the "bat signal" on the NACDL listserve…

1
Guideline Tricks & Treats: A Rundown of All New Sentencing Guideline Amendments That Took Effect on 11/1/23 43:47

8M ago43:47

43:47

The day after Halloween, all of the proposed guideline changes went into effect! We've talked about many of them in detail on previous podcasts, but here, we do a quick run-through of all eigiht categories of amendments. So what's in our candy bags the day after? Well, in truth, most of what we got were TREATS, but we have a few TRICKS as well. The…

1
Untangling Fear For Lawyers & Clients With Prof. Heidi K. Brown 58:07

9M ago58:07

58:07

It’s Halloween! What better time to talk about FEAR!!!??? Many think fear is the great motivator, but it can also be the great debilitator. Fear prevents lawyers from "going for it" at sentencing and making the extraordinary ask on behalf of their clients. Fear also prevents those clients from communicating their own truth on the big day. Therefore…

1
What is Truth? The Difference Between Reality TV, Documentaries and Sentencing Mitigation Videos 53:14

9M ago53:14

53:14

In a “POST TRUTH” society, it can be hard to determine if what you are watching is the actual truth. In reality TV, documentary filmaking, and even the so-called "news", truth is not always a sacred value. But in my world, nobody would be surprised to hear me say, the truth is hard to discern. But, many presume that those who advocate for the accus…

1
Sam Bankman-Fried: Is Autism the Missing Piece of Mitigation? 1:31:55

9M ago1:31:55

1:31:55

Sam Bankman Fried is almost certainly on the Autism Spectrum. And, if his lawyers can fully understand ASD, they would have a better chance at acquitting their client by explaining to the jury why his actions may not have been nearly as intentional and calculated as they seem. Moreover, if he’s convicted, ASD would go far to present a compelling mi…

1
Imperfect 10: Why thousands will be deemed ineligible for the ZPO and what to do about it 38:01

9M ago38:01

38:01

On Nov 1, the Zero Point offender Amendment to USSG goes into effect. WE CALL IT THE ZIPPO (ZPO). It is retroactive, and thousands facing sentencing and already sentenced should be eligible to have their sentences reduced. BUT what happens if you received a guideline bump under 3B1.1, for being a “leader organizer”? Because of the imperfect draftin…

1
Danny Masterson Sentencing Post-Mortem 1:00:48

10M ago1:00:48

1:00:48

A jury convicted Danny Masterson of two counts of forcible rape in California state court, and the judge just sentenced him to thirty years. It was a daunting task for his lawyers, because Masterson maintained his innocence to the bitter end. If the lawyers could have successfully threaded that needle, then Masterson would have potentially received…

1
Bureau of Prisons (BOP) Means "Backwards on Purpose" 49:13

10M ago49:13

49:13

What is the purpose of prison? Most people think the very fact of being removed from society, loved ones, and life in general, is the punishment. But that’s only the beginning. Once you get inside the walls of the BOP, the real punishment begins. Intentionally or not, those in charge of BOP facilities make the time a client spends inside exponentia…

1
Find the Hurt, Amplify the Pain, Heal the Wound: 3 Steps to Bulletproof Legal Narrative 58:39

10M ago58:39

58:39

Telling your client's true and powerful mitigation story is the most important part of sentencing. But we lawyers are never taught how to do it right. The bigger problem is, a lawyer's failure to take control over the narrative can lead to disastrous consequences on the big day. Therefore, we need expand our horizons and learn from story profession…

1
GOIN’ RETRO: Retroactive Application of ZPO and Status Point Amendments 49:11

10M ago49:11

49:11

The Zero Point Offender and Status Point modifications to the Sentencing Guidelines go into effect on November 1. They are RETROACTIVE. But not everyone knows whether they may benefit from the changes or how to go about getting that benefit. Therefore, helping us get Set for Sentencing, Mark Allenbaugh, and Keith Hilzendeger to tell us everything y…

1
BOP Stands for Big Ol' Problems: Exposing Dysfunction & Danger at the Federal Bureau of Prisons 59:13

11M ago59:13

59:13

Judges routinely hand out prison sentences in white collar/non-violent offender’s cases, believing a client will end up in a minimum security “camp” and that their time there will therefore be less severe, or even "easy". But, the days of the “Club Fed,” if they ever existed at all, are OVER. Decision makers need to understand that even low-level, …

1
Straight to Sentencing: Pre-Trial Detention Through the Lens of Sam Bankman-Fried (and DJT) 1:04:56

11M ago1:04:56

1:04:56

When a judge incarcerates a client awaiting trial, each of whom has not been convicted and is therefore presumed innocent, the practical result is that they go straight to sentencing without passing go, without collecting 200 dollars. Pre-trial detention should be reserved for the worst, or most potentially violent alleged offenders. But it's not. …

1
Acquitted Conduct Revisited: Mmmmm... Flavors of Evil 1:20:41

11M ago1:20:41

1:20:41

If you wanna feel really dim, spend an hour or so trying to debate the fine points of federal constitutional law with Prof. Doug Berman and Mark Allenbaugh. We had to come back to the issue of how the guidelines condone using charges where a client goes to trial and a jury finds her not guilty, against them at a later sentencing proceeding. The Sup…

1
Too Cute By Half: Why Hunter's Plea Went South 1:42:47

11M ago1:42:47

1:42:47

Let us journey once more, into the BREACH, dear listeners. We talked about sentencing implications of Hunter Biden's proposed plea agreement, but now we have to talk about why it all crashed and burned. Spoiler alert, it's because of the plea provision discussing what happens if Hunter is found by the government to be in BREACH of the agreement! Wh…

1
The 3rd Trump Indictment (Sentencing Guidelines): Everything Nowhere All at Once. 1:05:42

12M ago1:05:42

1:05:42

Everyone is talking about the latest Trump indictment. But nobody is talking about the possible sentence he might face if convicted. That's what we do! Spoiler alert -- it's a big deal.By Doug Passon

1
Surviving Pretrial, Vol. 1: Is My Lawyer Any Good? 53:39

12M ago53:39

53:39

All lawyers are not created equal, and that applies to private practice and public defenders. But clients don't necessarily understand how to separate the wheat from the chaff. Bilal Khan understands this better than most - he's been through it all, fighting his serious federal charges for years, and engaging seven lawyers in the process. He has ta…

1
The Power of Empathy 49:57

12M ago49:57

49:57

I believe that NOTHING IN THE LAW MAKES SENSE EXCEPT IN LIGHT OF EMPATHY. This is especially true when it comes to sentencing. A lawyer’s ability to understand and connect with a client is essential to their practice. But it’s not an easy concept to understand, it's not always easy to put into practice, and it’s even harder to get decision-makers t…

1
The Cold Hard Truth About White Collar Crime: With Kelly Richmond Pope 58:59

1y ago58:59

58:59

This week, helping us get Set For Sentencing is Dr. Kelly Richmond Pope. She’s a fraud expert, a filmmaker, and an accounting professor at DePaul University in Chicago. Her latest book, “Fool Me Once: Scams Stories and secrets from the Trillion Dollar Fraud Industry," is burning up the charts nationally. Why do people commit fraud? What is the appr…

1
Drugs on the Docket: Data and storytelling in federal drug sentencing and the U.S. Sentencing Commission 47:58

1y ago47:58

47:58

Mark Allenbaugh and I recently had the honor of appearing on an important new podcast about drug policy, created by the Drug Enforcement and Policy Center at the Ohio State University. This six-part series was released in May 2023. In coordination with the creators of this excellent podcast, we are re-posting our episode, (ep. 5) here. If you dig t…

1
Life in the Shadow of Death, With Cyndy Short 1:04:20

1y ago1:04:20

1:04:20

Cyndy Short has been representing those accused of the worst crimes imaginable for most of her career – and she has NEVER had a client sentenced to death on her watch. She understands that sometimes what makes a lawyer great isn’t their legal abilities, but their human abilities. In other words, it’s time for lawyers to unlearn everything we were t…

1
Diversion Perversion: Hunter Biden's Super Sweet Plea Deal 53:35

1y ago53:35

53:35

Just when I think I’m out, they pull me back in! Not that Mark Allenbaugh isn’t a great guy to spend an hour with doing law-related chitty chat, but after a barrage of Allenbaugh episodes from Elmer to Donald to Walt, I thought I was gonna get to move on to a couple of other great guests and topics. No such luck. Because... Hunter Biden. We learned…

1
What About Walt: Sentencing Implications for Trump Co-Defendant, Waltine Nauta 46:40

1y ago46:40

46:40

We’ve talked at length about Trump's exposure in the documents/obstruction case now charged in Florida. But, nobody has been talking much about the co-defendant; Trumps “body man”, Waltine Nauta. What’s his exposure? What’s his incentive to plead guilty or testify against Trump? What is his mitigation story? Therefore, in order to be fully Set For …

1
Reality Check: Unpacking the Trump Indictment 41:05

1y ago41:05

41:05

When the FBI executed the search warrant at Mar-a-lago and discovered a trove of confidential and top secret government documents, we did a deep dive into the realm of possibilities (EP 12: Mar-a-la-going To Prison??) should Trump ever be charged, tried and convicted. But, we didn't know then what we know now. So, here we follow up and fill in any …

1
Stewart Rhodes Seditious Conspiracy Sentencing Post-Mortem 1:13:46

1y ago1:13:46

1:13:46

After being found guilty of crimes including Seditious Conspiracy, Elmer Stewart Rhodes, leader of the "OathKeepers" was given the longest sentencing to date for any 1/6 defendant. Here, we monday-morning quarterback every aspect of Rhodes' sentencing. There is much to learn from this one, about guideline issues, written advocacy, allocution, and p…

1
The Zero Point Offender Guideline Amendment: The ZIPPO IS ON FIRE! 39:29

1y ago39:29

39:29

Yes, we came up with a pithy name we are sure will catch on for the new and VERY consequential US sentencing guideline amendment which allows a 2-level reduction for those with zero criminal history points and who aren't excluded based on several listed criterion. This amendment is a BIG DEAL, and will be retroactive, potentially impacting thousand…

1
Surrender Georgie: Possible Sentencing outcomes for George Santos Indictment 48:57

1y ago48:57

48:57

Yes, NY Congressman George Santos is innocent until proven guilty. That said, he has already been tried and convicted in the media for a plethora of demonstrably provable falsehoods, which will not bode well for him should he choose to exercise his right to trial on fraud charges. Will he make the right choice, fall on his sword, resign from Congre…

1
JSIN: Will “Judicial Sentencing Information” Mutilate the Stats or Slash Sentences? 1:01:43

1y ago1:01:43

1:01:43

The US Sentencing Commission created "JSIN" (sounds like "Jason") as a resource for Judges who want to understand how defendants are really being sentenced under the guidelines. And, currently thirty-one federal jurisdictions are now incorporating JSIN data into the pre-sentence report. But, are the stats accurate? Could these numbers help or harm …

1
Overcoming Impossible Odds at Sentencing (Fearless Lawyering, Vol. 3, with Joel Meyers) 57:50

1y ago57:50

57:50

What can you do when your client with two prior felony drug convictions gets arrested and charged for a new and very serious drug trafficking offense? Most lawyers, looking at this history, the substantial weight of drugs involved, a pile of money, and a gun, would resign themselves to epic defeat. This man was facing a sentence that could easily h…

1
The Power of a State "Sentencing Study" (with Rich Robertson) 55:06

1y ago55:06

55:06

If you’ve been paying attention, you’ve heard me talk, ad nauseum, about the use of sentencing statistics in Federal cases. But did you know that sentencing statistics are also relevant in your STATE CASES? But, state sentencing data is often harder to access, and may require a tenacious investigator to fight arduous public records request battles.…

1
Fearless Lawyering, Vol. 2: Exposing the Racist Origins of U.S. Immigration Law with Kara Hartzler 1:09:32

1y ago1:09:32

1:09:32

Criminal immigration matters make up some 70 percent of all federal cases charged. But the statutes our government uses to prosecute and sentence undocumented human beings to serious prison time, was motivated by racism and discriminatory intent. Therefore, a team of fearless lawyers mounted a massive undertaking to challenge these statutes in fede…

1
BIG Guideline Changes on the Horizon (With Mark Allenbaugh) 1:15:58

1y ago1:15:58

1:15:58

On April 5, 2023, the United States Sentencing Commission voted to make several substantive changes to the federal sentencing guidelines. If approved (or not acted upon) by Congress, some of the most significant amendments in recent memory will go into effect on Nov. 1, 2023. These changes will effect anyone currently pending sentencing in federal …

1
Defending Autism With Mark Mahoney (Pt. 2) 1:17:48

1+ y ago1:17:48

1:17:48

This week, we continue our crucial conversation on Autism with Mark Mahoney, America's leading Autism defense attorney (harringtonmahoney.com). There is so much we don’t know when it comes to ASD, and because it's so prevalent, lawyers must be on the lookout for this issue in every case. It matters. It matters to culpability, it matters to recidivi…

1
Defending Autism With Mark Mahoney (Pt. 1) 53:34

1+ y ago53:34

53:34

We began this conversation in Ep.5, “Understanding Autism at Sentencing”. But the topic is so important, and so close to my heart and the work that I do, it’s time to dig in deeper. In the first of a two-part episode, we talk with the nation’s premiere criminal defense attorney when it comes to representing those on the autism spectrum who find the…

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