Best Doug Passon Podcasts (2025)

1
Holding Court with Judge Nancy Gertner! 1:09:25

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11d ago1:09:25

1:09:25

An independent judiciary is the cornerstone of a healthy democracy. But judges are under attack. Therefore, we must stand the post and protect judges from intimidation, unlawful prosecution, incredulous calls to impeach, or worse. And, when it comes to federal criminal sentencing, judicial independence is also crucial to the fair administration of …

1
For My Enemies, the Law: The Return of Kilmar Abrego-Garcia 59:10

25d ago59:10

59:10

The Trump administration stated that Kilmar Abrego-Garcia would never return to US soil. But they just back-tracked and brought him back. Unfortunately he now faces federal prosecution under a new indictment for conspiracy and alien smuggling. The bigger problem is the govt. has gone to great lengths to wage an extra-judicial smear campaign against…

1
Due Process Denied (PART II): Kilmar Abrego-Garcia and the "Great Replacement" 48:15

1M ago48:15

48:15

In understanding the current administration's draconian deportation policies, nothing makes sense except in the light of white supremacy. The underlying animating force of these policies, openly stated by Tom Homan during a white house press conference, is "the great replacement theory". Propagated by white nationalist, white supremacist fascists, …

1
Due Process Denied: Kilmar Abrego-Garcia (PART ONE) 48:15

1M ago48:15

48:15

America might have moved on from Kilmar Abrego-Garcia, but we have not. So, ask yourself: What happens when the U.S. government indefinitely sentences someone to a foreign prison without any due process and no one stops them? In this episode (part 1 of 2), I appear on Justin Yentes's podcast "Truth Be Found" to discuss the implications of this case…

1
George Santos Sentencing Post-Mortem 43:36

2M ago43:36

43:36

On Friday, April 25, George Santos learned his fate, at his fraud sentencing in federal court. He had two years since his indictment to walk the walk, demonstrate extreme remorse and acceptance, and take meaningful steps to address the problems that got him here and convince a judge he wouldn’t make the same mistakes again. But the government paint…

1
Seismic Shift: Big Changes to the Sentencing Guidelines & the Country 1:15:32

2M ago1:15:32

1:15:32

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 for the future of this de…

1
Reign of Terror: Tesla, Luigi Mangione, & Beyond 1:17:03

3M ago1:17:03

1:17:03

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 notions of emergency and…

1
Anchor's Aweigh: New Policies and New Proposed Guidelines Find Us Unmoored in 2025 45:11

5M ago45:11

45:11

I call this episode “Anchor’s Aweigh” for two reasons. First, there is a potential seismic shift in federal sentencing coming, which would go far to eliminate what we call the dreaded “anchoring effect” of the draconian and deeply dysfunctional sentencing guidelines. If this passes, it will likely be the biggest change in guideline sentencing since…

1
The Truth About Restitution in Federal Criminal Cases with Ashley Adams, Esq. 53:02

5M ago53:02

53:02

Restitution is often imposed to compensate crime victims for their losses. Done correctly, it can help victims recover and allow offenders to move on after serving their sentence. However, defense attorneys sometimes overlook restitution issues, resulting in burdensome payment orders. These can extend prison time and hinder reintegration after rele…

1
The Truth About the Presidential Pardon Power With Margaret Love & Mark Allenbaugh 1:12:29

6M ago1:12:29

1:12:29

It’s January 2025, and we’re in the final days of the Biden administration. He has had a busy last month or so issuing pardons and commutations. This unfettered power is rightly scrutinized but often misunderstood. The bigger problem is, the whole damn process appears to be broken. And although Pres. Biden has done some good things with his power, …

1
2024 United States Sentencing Guideline Amendments: A Front Row Seat to the Kabuki Theatre 1:01:56

7M ago1:01:56

1:01:56

On November 1, several amendments to the United States Sentencing Guidelines took effect. Some of these changes are significant, offering advantages to the defense, while others are less beneficial. However, ultimately, this process amounts to nothing more than "Kabuki Theatre," meaning the tortured guideline applications become merely performative…

1
BOP Programming With Dr. Alix McLearen 52:40

8M ago52:40

52:40

We’ve spent a lot of time running down the BOP, and not without good cause, BUT we don’t give as much attention as we should to the positive things happening inside those walls. Lawyers need to learn about and advocate for beneficial programming placements for clients, especially those with special needs. Therefore, helping us get set for sentencin…

1
The Future of Federal Fraud with Mark Allenbaugh 42:02

8M ago42:02

42:02

We spend so much time and engergy trying to develop our knowledge and skill to better represent our clients. And keeping abreast of all major developments in the law is paramount to a successful legal practice. But there’s one thing every lawyer needs, and it does not exist – a crystal ball. If we were clairvoyant we could anticipate favorable chan…

1
The Why of the Where: Mitigation Geo-Narratives with Dr. Julie Urbanik 1:19:43

9M ago1:19:43

1:19:43

Where we are born, how many times we were forced to relocate, and the kinds of things happening, or not happening, in our communities, our schools and other institutions in those locations are all important to give context to a client's life and choices. But how do we tell those stories at sentencing? Thankfully, there's an amazing expert that can …

1
Mitigation Films: Harnessing the Power of Visual Narrative to Humanize our Clients 1:23:20

9M ago1:23:20

1:23:20

I can’t think of a better topic for our 100th episode of Set For Sentencing – the topic that is so near and dear to my heart – MITIGATION FILMMAKING! Mitigation films are arguably the most powerful and persuasive weapon in our advocacy arsenal. They offer an unparalleled way to humanize a client and show the truth of their journey, rather than simp…

1
The BOP Horror Show & What We Can Do About It 1:04:14

10M ago1:04:14

1:04:14

It's not even October yet, but this episode feels tailor made for Halloween. It's no secret that the BOP is deeply dysfunctional, dangerous, and dehumanizing. And the stories of deprivation and death inside the walls of the BOP abound. But lawyers are not telling these stories enough at sentencing, and as a result, Judges often have no idea of the …

1
Federal Pre-Trial Diversion With Jon May 56:15

10M ago56:15

56:15

Deferred Prosecution Agreements (DPAs) can help avoid prison and even a keep a person's record felony-free. And, the Biden DOJ has encouraged it's regional US Attorney offices to devise their own policies for DPAs and to be more liberal with their application. But, local federal prosecutors seem to be ignoring their boss's mandate. They're reluctan…

1
On Deaf Ears: When Sentencing Goes Wrong 51:42

11M ago51:42

51:42

It’s a gloomy night in Oklahoma City. I’m holed up in a hotel working on a capital case. But I’m in a dark place. Last week I saw a terrible injustice occur in a matter in which I was involved as a consultant. The lawyers did a fantastic job of making their case for a non-custodial sentence, but all of their arguments and impassioned pleas fell on …

1
Psychodrama at Sentencing: (PART TWO) 1:09:42

11M ago1:09:42

1:09:42

Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer dig for, develop, and deliver a powerful and persuas…

1
Psychodrama at Sentencing (PART ONE) 53:28

12M ago53:28

53:28

Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer dig for, develop, and deliver a powerful and persuas…

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

12M 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

1y 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

1y 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

1y 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

1y 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

1y 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

1y 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

1y 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

1+ y 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

1+ y 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

1+ y 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

1+ y 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

1+ y 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

1+ y 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

1+ y 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

1+ y 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…

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

1+ y 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

1+ y 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

1+ y 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

1+ y 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

1+ y 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

1+ y 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

1+ y 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

2y 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

2y 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

2y 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

2y 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

2y 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

2y 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

2y 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…