Absolute Power (Pt.2): Clear Messaging in the Age of the Information Maelstrom
It’s easy to get overwhelmed by the onslaught of horrible headlines. Advocates need to fight, and words are our weapons. But the problem is, we are never taught how to cut through the noise and get to the heart of the argument. Part 1 (with Gary Restaino) defined the problem: Trump exerting total control over…
Absolute Power: Politization and Weaponization at the DOJ (With Gary Restaino)
Our founders wanted US attorneys to retain significant independence from the Department of Justice. If that happens, then experienced prosecutors have the credibility and moral fortitude to serve as a buffer between the unfettered power of the government and the people. But the Trump administration wants absolute power. That’s why we’re seeing a slew of…
Seismic Shift: Big Changes to the Sentencing Guidelines & the Country
Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts. At least for now. So today, we celebrate the death of guideline departures, lament the death of due process in immigration, and worry…
Reign of Terror: Tesla, Luigi Mangione, & Beyond
I’m back. I’ve been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell. In his seminal work, “On Tyranny”, Timothy Snyder warns: “Listen for dangerous words. Be alert to the use of the words extremism and terrorism. Be alive to the fatal…
Making Sense of the Georgia Trump RICO Pleas (Vol. I)
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…
Straight to Sentencing: Pre-Trial Detention Through the Lens of SBF & DJT
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. And the…
The 3rd Trump Indictment (Sentencing Guidelines): Everything Nowhere All at Once.
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. WATCH ON YOUTUBE or LISTEN ON APPLE PODCASTS (or wherever you get your podcasts!) Yes, it sucks that we have to keep doing…
Reality Check: Unpacking the Trump Indictment
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…
Trump The Terrorist? Jan. 6 Criminal Referral Sentencing Implications, Viewed Through The Lens Of The Recent Croft/Fox Michigan Militia Sentencings.
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Well, January is shaping up to be an all Allenbaugh affair. Although we finished our marathon session on December’s metric ton of high-profile federal sentencings, there was one other bombshell that we couldn’t leave untouched: Congress’s criminal referral to the Dept. of Justice…
The Chrisleys Did NOT Know Best: Sentencing Post-Mortem
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! It was a long wacky December in the world of federal sentencing. I can’t remember a month with more high profile proceedings, and Mark Allenbaugh (www.sentencingstats.com) and I covered all of it in a marathon, 4-hour session. Here is part 3, dissecting the…