Set For Sentencing

Epizódok

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  Luigi Mangione Pleads Guilty. Here's What Happens Next. 17.08.2026 48p

  When someone pleads guilty to intentionally killing another person, with premeditation, in broad daylight, it's hard to imagine anything other than a life sentence.   But that's not the end of the story for Luigi Mangione, because his federal guilty plea is a "no agreements" plea.  That means no sentencing stipulations, no mandatory minimums, and full rights to appeal.  Perhaps most important, the mitigation story is not yet fully told.  All of this means there's still a chance he avoids going to prison for life.   Doug Passon and Mark Allenbaugh break down the actual guideline math, the mitigation case nobody's seen yet, the disputed "insurance denied his claims" narrative, and — with a bottle of tequila on the line — their predictions for what Mangione's sentence and placement will actually look like. In this episode: 02:49 — Current events: Todd Blanche confirmed as Attorney General, 50–49, Trump in a catering truck, and Mark Kelly steps up his messaging; 18:20 — The Luigi Mangione guilty plea, extolling the virtues of "open pleas" 25:35 — The actual guideline math: offense level 43, the first-degree-murder cross-reference 31:12 — The terrorism enhancement question 37:41 — The only real hope: Section 3553 mitigation 41:20 — Predictions: Doug and Mark bet a bottle of tequila on the outcome Links: Doug Passon: https://www.dougpassonlaw.com Mark Allenbaugh:  https://sentencingstats.com
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  BOP 2026: Crumbling, Weaponized, but (Finally) Wired? 03.08.2026 50p

  Prison isn't meant to be easy and being inside is punishment.   If every incarcerated human has a fair designation process, safe infrastructure, and meaningful programming, then safety and rehabilitation happens.  But in two stunning developments, two things are now unequivocally clear:  the facilities are crumbling, and the designation process can now be weaponized by the DOJ.  A quietly updated BOP policy now gives DOJ explicit authority to override its own classification system and place any inmate anywhere — a power first exposed by the Ghislaine Maxwell transfer.  At the same time, the Bureau announced a wave of facility closures so poorly managed it tried to shut down a prison that doesn't exist, all while sitting on a $4 billion maintenance backlog and shrinking access to the programs that actually reduce sentences.  In the one ray of hope, BOP announces that tablets are coming soon.  This will increase programming, visitation and leisure opportunities for inmates.  In this episode, Doug Passon sits down with sentencing expert Mark Allenbaugh and BOP insider Walt Pavlo (prisonology.com, Forbes) to break down all three developments.  IN THIS EPISODE:  •     03:00:  BOP designation policy 5100.08  and the DOJ putting its thumb on the scale for good and for evil; •     05:06:  The Ghislaine Maxwell transfer: from low-security sex offender unit to a camp; •     18:38:  Whose job is it to fix BOP capacity? Congress and the U.S. Sentencing Commission both take the blame; •     22:04:  Practice pointer: get prosecutors on record at sentencing about designation interference; •     30:07:  BOP tries to close a facility that doesn't exist — and one that's been closed for years •     34:03:  The $4 billion deferred maintenance backlog, explained •     44:09:  The tablet rollout: Walt Pavlo's Forbes take on "one of the most important reforms in years"   LINKS:  prisonology.com Federal Bureau Of Prisons Rolling Out E-Tablets
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  The Process is the Punishment: Hannah Dugan Sentencing Post-Mortem 20.07.2026 44p

  Ideally, every sentence serves to promote respect for the law.  But in an age of the most lawless DOJ in American history – respect for the law is a dead letter.  The sentencing of Judge Hannah Dugan is the most recent example of a how a weaponized DOJ is built for retribution, not justice. Doug Passon and sentencing stats expert Mark Allenbaugh conduct one of their famous "sentencing post-mortems", dissecting every aspect of Judge Dugan's sentencing.  She avoided a prison cell, but her life is forever changed. The question that should be hanging over every judge in the country right now: who's next to get "Hannah Duganed"? In This Episode: 02:39 – The recap: convicted of obstruction, acquitted of harboring, hit with a $5,000 fine; 04:11 – Why "no prison" doesn't mean the DOJ lost — the process was the punishment; 07:47 – Grading the sentencing memos; 08:18 – The government's fuzzy guideline math and the mysterious Interactive Data Analyzer 34:01 – The BOP designation bullet Judge Dugan dodged 38:01 – The Passon Slap!? (Move over Will Smith). LINK:  Original Dugan Pod:  For My Enemies, the Law - Set for Sentencing by Doug Passon Law
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  The Fate of John Bolton: Trump Doesn't Just Pick Who's Prosecuted — Now He Picks Your Prison, Too 05.07.2026 51p

  Ambassador John Bolton pled guilty last week to mishandling classified information, and the plea includes a stipulation that if he receives prison, the term is no more than five years.  On paper, this agreement reads like a win. But the plea isn't the paper that matters most, because the same week Bolton signed his plea, Acting U.S. Attorney Todd Blanche quietly issued a policy formalizing something no DOJ has ever done: proclaimed express authority to override the Bureau of Prisons and personally decide where an inmate will serve their sentence.    Therefore, the wall between prosecution and punishment is now officially obliterated.  Trump doesn't just decide who gets charged. Now, through Todd Blanche, he decides where you rot. Only the sentencing judge has the power to save him from this possible fate, by imposing a non-custodial sentence.  The only question now is --  will he do it?   IN THIS EPISODE: Why Biden's DOJ had four years to prosecute Bolton and didn't; Compare and contrast Trumps (alleged) crimes and Bolton's; Grading Bolton's plea agreement; Introducing Todd Blanche's new BOP designation change notice; Why the order could result in "pay for play" like the pardon and clemency process; Connecting the order to Ghislaine Maxwell's camp placement; The one sentencing move that could shield a defendant from vindictive BOP placement; Reading Abbe Lowell's press release and Bolton's "service to country" framing – a good lesson in narrative structure LINK: RECENT CHANGE TO BOP PLACEMENT POLICY:  
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  Manifest Injustice: Hunter, Hemani, & Buh-Bye Blanche 22.06.2026 58p

  🎙️ NEW EPISODE: The Supreme Court just moved the goalposts on federal sentencing — and the next AG fight starts now. If federal defendants could trust that pleading guilty meant a predictable outcome, then the system would actually function the way it's sold to them. ⚖️ But SCOTUS just complicated that bargain. In Hemani, the Court reined in prosecutions under the felon-drug-gun statute. In Hunter, it cracked open appeal waivers for the first time — ruling 8-1 that a waiver is unenforceable when it produces a "miscarriage of justice." Because for years, prosecutors have leaned on waivers as ironclad, and defense lawyers have had almost no recourse when judges get sentencing wrong after the deal is signed. Therefore this matters for every plea negotiation going forward — and it lands right as the fight over who runs DOJ heats up. Todd Blanche, Trump's former personal lawyer and current Acting AG, has his Senate confirmation hearing set for July 15-16. If you care about who's setting charging and sentencing policy nationwide, now's the moment to make some noise. 🔊 #FederalSentencing #SCOTUS #CriminalJustice #PleaBargain #SecondAmendment #AppealWaiver #ToddBlanche #DOJ #SentencingReform #SetForSentencing   LINKS: Liz Oyer's Substack on Todd Blanche:  It's Time for We the People to Take on Todd Blanche   Set For Sentencing Podcasts on Hunter Biden: Ep. 57:  "Diversion Perversion"  https://youtu.be/cSo6Y-PF78s?si=GjXg8U3PcX4ZmSlM Ep. 64: Too Cute By Half: Why Hunter's Plea Went South:  https://youtu.be/sWEzwKLQCoo?si=1Hl_oXIJoU9cgAh4 Ep. 92:  (Livestream Bonus!) Hunter Biden Edition:  https://www.youtube.com/live/B3VL-cJlXSo?si=Ga9WQ4N6h3clr3gb  
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  New Compassionate Release Cases: Is the Door to Freedom Shrinking? 08.06.2026 1ó 15p

  With the First Step Act of 2018 came the great hope of expanded grounds and use of "Compassionate Release."   Judges were offered the promise of wider discretion to give deserving clients a second look at sentencing. But, the Supreme Court just made compassionate release a whole lot harder to get, because in two back-to-back decisions — Fernandez and Rutherford — the Court slammed the door on two of the most frequently used grounds for eligibility. In this episode, Passon convenes two of the sharpest minds in federal sentencing — regular guest Mark Allenbaugh and returning star Prof. Doug Berman — for a deep-dive reaction.  Together, we break down what each case actually holds, where the majority reasoning goes wrong, why the dissents matter, and — critically — what still works.  Because even though it seems the door is shrinking---  it hasn't closed. If you litigate compassionate release, this episode is required listening!   IN THIS EPISODE: History of compassionate release; (25:12) Discussion of Fernandez; Advice for arguing around these two restrictive opinions; (39:00) Discussion of Rutherford; How both opinions usurp the role of both Congress and the US Sentencing Commission; (56:00)  How two pending cases, Maxwell and Beaird, may impact future compassionate release cases   LINKS: Sentencing Law and Policy – A new home for SL&P  (Berman's Blog) A great substack where Prof. Berman frequently contributes:  Sentencing Matters Substack | DAB | Substack On that note, here's a great SM Substack piece from today on this very issue: https://open.substack.com/pub/sentencing/p/textualism-in-name-policymaking-in?r=1f0z1k&utm_campaign=post&utm_medium=email Link to Judge Block's Book, A Second Chance: A Federal Judge Decides Who Deserves It, on Amazon:  https://a.co/d/07xJD1zs Drugs on the Docket, Season 3:  Excited for start to Season Three of "Drugs on the Docket" podcast | Sentencing Law and Policy Set for Sentencing is heading to Substack!  We have not officially launched, but by all means, subscribe for future awesomeness coming down the pike: https://substack.com/@dougpassonlaw  
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  "8647": A New Low for Trump's DOJ 25.05.2026 1ó 5p

  It's hard to understand how someone like James Comey could be indicted for posting a picture of seashells on a beach.  But, just when it seems like we arrived at the full-on DOJ "low-tide", Todd Blanche and J.D. Vance roll out the new "weaponization fund".  Will it ever be safe to go back in the water?    In this episode of set for sentencing, Mark Allenbaugh and I tackle a number of subjects, with the Comey case being the centerpiece.  There's something for everyone in this one, including: IN THIS EPISODE: 8:00  --- Pending supreme court cases that could have significant consequences on federal sentencing; 21:00-- What sentencing guideline amendments did and did NOT pass; 31:00 – The new James Comey "Seashell" indictment; 52:30 – My take on Cole Allen, the White House Correspondent's Dinner Shooting, and the implications of autism in his defense. OTHER LINKS: In a recent episode, I did a deep dive into the difference between intellectual functioning and other brain deficits with neuropsychologist, Dr. Ted Lidsky:  Atkins & The IQ Fallacy: Why IQ is Not a Reliable Measure of Culpability (with Dr. Ted Lidsky) - Set for Sentencing by Doug Passon Law My practice includes a sub-specialty in "autism informed criminal defense."  If you haven't seen my other podcasts and resources  on this important, often misunderstood topic, please give it a look:  Autism-Informed Criminal Defense - Doug Passon Law 
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  Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser") 11.05.2026 45p

  The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make.  But too many clients enter into bad pleas - ones that promise little and give up a lot.   A client shouldn't have to settle for a plea that lacks real bite. Therefore, in Part II of our plea agreements bonanza, we go through, point by point, the elements of what makes a good plea. IN THIS EPISODE: Knowing the hallmarks of a "good" plea agreement; Knowing the long-term implications of rights you will be required to waive; The crucial difference between plea "stipulations" and plea "recommendations" Making sure your plea does not tie your hands on facts, arguments or mitigation you can present at sentencing; Bargaining for conditional appeal provisions; Bargaining away mandatory minimums; Pleading to an offense that substantially reduces potential statutory maximum; Keeping the door open for compassionate release and new challenges based on future changes to the guidelines or law ; The Hunter case, pending in the Supreme Court, that may make appeal waivers unconstitutional; And, now for something completely different, a recommendation for a powerful documentary ("Predators").  Here is a link to the trailer for the documentary, "Predators".  This film takes a fresh look at the  "To Catch a Predator" series, and asks hard questions about Hansen's motivations and methods, and how he ruined lives ruined for ratings.  It does what criminal defense lawyers have to do every day, take a hugely reviled class of alleged offenders, and demonstrate that there is another side to the story.  
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  Pleading Straight Up, No Chaser! (Part I) 06.04.2026 55p

  Pleading guilty and waiving your right to be presumed innocent until proven guilty beyond a reasonable doubt at trial is the most important choice a client will make in any case.  But the decision to enter into a less than ideal plea agreement with the government is often influenced by fear, intimidation and false information.  So, it's time to give greater consideration to a third option – pleading "straight up" with no written agreement with the government.  Why would one ever consider doing such a thing?  Listen and find out! This is a two-part episode, as there is a lot of ground to cover.  Part One lays the foundation, and gives great stats.  Part Two, dropping soon, arms clients with the information they need to ask the right questions and to work with counsel to make the best choice.  IN THIS EPISODE: Tequila talk (I promise this week it's totally relevant to the topic at hand!); Current events:  the latest on the fight to disqualify the US attorney in New Jersey; Current events:  predictions on who will be the new AG; DOJ's proposed rule to shut down state bar ethics investigation of DOJ lawyers; What does it mean to plead guilty "open" or "straight up"; The (sometimes) myth of the "trial penalty"; Statistics about pleas vs. trial. ALSO:  MAKE YOUR VOICE HEARD!!!  Comment Today (4/6) and tell the DOJ lawyers they are NOT above the law or rules of ethics: CLICK ON THIS LINK TO COMMENT!!!!  
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  Atkins & The IQ Fallacy: Why IQ is Not a Reliable Measure of Culpability (with Dr. Ted Lidsky) 23.03.2026 1ó

  The Supreme Court determined that individuals with intellectual disabilities are less culpable and should not face capital punishment.  Diminished Capacity is also applied in non-capital sentencings. In Hamm v. Smith, the Supreme Court is revisiting the 70 IQ cutoff because of new understandings about errors in measurement. But the bigger problem is IQ tests fail to measure key cognitive deficits tied directly to moral and criminal responsibility.   Therefore, it's time for courts to move beyond IQ as the sole measure of brain functioning.   IN THIS EPISODE: Five misconceptions about whether IQ is a valid reflection of impaired cognitive functioning; A list of all cognitive deficits IQ tests do NOT measure; "The Practice Effect" and other measurement errors in IQ testing; Atkins in the context of Autism – the rationale for Atkins is the same, but the standard is useless; The curious case of Phineas Gage – frontal lobe damage doesn't always impact IQ; Traumatic brain injury doesn't always impact IQ; The right testing to measure cognitive deficits.   CONTACT INFO FOR DR. LIDSKY:   732-580-6157  |  tlidsky@gmail.com   LINKS: A deep dive into Hamm v. Smith on Scotus Blog:   https://www.scotusblog.com/2025/12/hamm-v-smith-and-the-future-of-capital-punishment/   Other Set for Sentencing Ep. with Dr. Ted Lidsky:  Ep. 81:  A Child's Poison       
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  Life for Charles "Sonny" Burton: Act now to Save Sonny! 09.03.2026 55p

  Charles "Sonny" Burton is a 75 year old man on Alabama's death row.  But he NEVER KILLED ANYONE.  He was convicted under the archaic and unjust "felony murder" rule.  His more culpable co-defendant got life.  Six jurors regret their vote and want him to live.  The victim's daughter wants him to live.  There has likely never been a more compelling case for clemency.  It's now in the hands of the governor to spare his life. Act now to save him!   Contact Governor Kay Ivey and make your voice heard -- 334-242-7100 Instagram:  @governorkayivey  go to www.charlessonnyburton.com to sign a petition.   Here's a compelling new NBC News report on Sonny: Alabama set to execute man who didn't kill anyone
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  What's Crackin' at the Sentencing Commission - New Proposals that Could Change the Shape of Federal Sentencing 23.02.2026 1ó

  Congress intended most first-time non-violent offenders receive a non-custodial sentence.  That's how federal law worked before the guidelines.  But, the guidelines did not fulfill that promise because the majority of those sentenced, end up having to serve time in the crumbling, overcrowded Bureau of Prisons.  All that may be about to change, with revolutionary new proposals the Commission is considering.   Take a listen, and then make your voice heard by lodging your comment on the USSG website: https://www.ussc.gov/policymaking/public-comment/public-comment-2026-proposed-amendments   IN THIS EPISODE: Trump Tarriff case and it's implications in the criminal world; The major questions doctrine; Proposed complete restructuring of sentencing guidelines table; Proposed post-offense rehabilitation reductions   LINKS: Visit the SET FOR SENTENCING SHOWNOTES FOR THE FOLLOWING LINKS: -prior recent podcast on other guideline amendment -3 R'S of Sentencing Narrative Article -New Law 360 Article by Doug Passon and Mark Allenbaugh on Guideline changes  
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  Absolute Power (Pt.II): Clear Messaging in the Age of the Information Maelstrom 09.02.2026 59p

  It's easy to get overwhelmed by the onslaught of horrible headlines.  But advocates need to fight, and words are our weapons.  But the problem is, lawyers are never taught how to cut through the noise and get to the heart of the argument.  Part 1 defined the problem:  Abuse of Power; Trump exerting total control over the Department of Justice to weaponize the law against his enemies.   Don Lemon is the target de jure. In this, Part 2 of "Absolute Power" we consult with communications expert Dr. Randy Olson on how to cut the noise and speak clear truth to power.  But it's not easy, particularly when the powers that be engage in Steve Bannon's strategy of "flooding the zone with shit." Therefore, Dr. Olson provides valuable guidance on how we can better communicate the truth of what's happening.     IN THIS EPISODE:     Cutting through the information maelstrom to find the central theme of your communication (the "Dobzhansky" template); Understanding the power of narrative; Messaging for turbulent times; How Steve Bannon weaponizes non-narrative to "Flood the Zone with Shit"; "The Gish Gallop";  The "DNA" of narrative:  Dream, Nightmare, Action; Constructive critique of Abbe Lowell's press release in the Don Lemon case; The key to narrative is proper framing; A musical finale – in honor of friends and family in Minnesota – "Hospital in Duluth"  (written and performed by Doug Passon, with Ken Murray on harmonica).   LINKS: MORE ON DR. RANDY OLSON & THE  "ABT"  NARRATIVE TEMPLATE  
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  Absolute Power Pt. I: Politization and Weaponization at the DOJ (With Gary Restaino) 02.02.2026 54p

  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 illegal US attorney appointments, installation of outsiders with zero prosecutorial experience, and the prosecutions of Trump's political enemies.  Absolute power corrupts absolutely and nowhere is that more apparent than the recent arrest of journalist Don Lemon simply for exercising his first amendment rights.   Therefore the public needs to see this for what it is--  the canary in the coal mine signaling America's rapid descent into authoritarian rule.  More importantly, attorneys need to do more to implore courts to curb these blatant abuses of power.  This is a 2-part episode.  During the first hour, we talk with Gary Restaino, the former US Attorney for the District of Arizona.  He gives his take on why this is not normal and why it matters.  In part two, we speak with communications expert, Dr. Randy Olson, who implores us to cut through "the information maelstrom" with clear communication. But that's not easy, particularly when there's so much happening all at once (Steve Bannon's "flood the zone with shit" strategy).  Therefore, Dr. Olson provides valuable guidance on how we can better communicate the truth of the urgency of now.   IN THIS EPISODE: The need for "insiders" i.e. experienced prosecutors who understand criminal litigation; Over-politization and weaponization in the current DOJ; The prosecution of Don Lemon; Challenging the prosecutors' grand jury presentations; The Trump takeover of individual US Atty offices;  The danger of unchecked paramilitary forces on city streets; What are laypeople and lawyers can do to combat ongoing and blatant abuses of power.    LINKS:  Gary Restaino on LinkedIn – His posts present a powerful perspective from someone who had a front row seat to how a local US attorney office should be run:  https://www.linkedin.com/in/gary-restaino-a27290370 Terrifying Abuses of Power: https://www.politico.com/news/2026/01/23/abuse-of-power-new-jersey-prosecutors-office-00745493
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  A Look ahead: Sentencing Developments for 2026 19.01.2026 1ó 8p

  There were big changes in federal sentencing in 2025, and more on the horizon for 2026.  So enjoy the first episode of the new year, as we discuss it all with the fabulous Prof. Doug Berman (Ohio State University) and of course, the incomparable Mark Allenbaugh of sentencingstats.com.  IN THIS EPISODE: Doug's Tequila of choice:  G4 (Which symbolizes the 4 pt. spread in the IU/OHIO state game)( https://g4tequilas.com/) New home for Prof. Berman's legendary blog: https://sentencinglawandpolicy.wordpress.com/ Quick recap of big 2025 guideline amendments; Tips on seeking early termination of Supervised Release under new guideline; The work ahead for the commission, and whether they will have a quorum; Berman's predictions on how the elimination of departures will play out moving forward; Proposed changes to the fraud guidelines, including loss table; The current pardon situation & how to use it to achieve better sentencing outcomes; New proposed guideline "specific offense characteristics" & post-offense rehabilitation; Predictions for new proposed guideline amendments; Compassionate release limitations may be on the horizon; Pending S.Ct. case on plea agreement appeal waivers.   LINKS:   Berman's Blog:  If you haven't been receiving those great emails from Prof. Doug Berman's sentencing Blog, it's because it moved.  His old platform shut down without warning, taking his subscriber base with it.  So PLEASE sign up (or sign BACK up) to Berman's blog at his new home:  https://www.sentencinglawandpolicy.com/   Mark Allenbaughs Washington Post article about his stats work for 1/6 pardons:   https://wapo.st/45dDz1R   Drugs on the Docket Podcast ( Drug Enforcement and Policy Center (DEPC) at The Ohio State University):  https://moritzlaw.osu.edu/faculty-and-research/drug-enforcement-and-policy-center/depc-education/drugs-on-the-docket-podcast   A Second Chance:  A Federal Judge Decides Who Deserves It: https://a.co/d/2dmE9bb 
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  For My Enemies, the Law 29.12.2025 44p

  More than ever, we live in a country of selective justice.  Some commit crimes with impunity and others are forced to run the gauntlet.  The events of last week contain many stark examples, from prosecutions to pardons.  So Mark Allenbaugh and I couldn't wait until the new year to talk about it.  So, here's one last episode for 2025!   IN THIS EPISODE Conviction of Judge Hannah Dugan on Obstructing ICE and possible sentences; Epstein Files; The Pardon/Clemency situation; How pardon stats might be used to impact sentencing stats; Updates on Appointments Clause litigation; Solving Doug's Mystery tequila gift; A word on the "FIFA Peace Prize."
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  Year End Review (White Collar Support Presentation) 15.12.2025 1ó 21p

  It's the last podcast of the year, and what better way to end than with a presentation to the amazing group, White Collar Support (www.prisonist.org).  I was grateful to have the opportunity to present to this community, a brainchild of attorney Jeff Grant.    It's particularly fitting for a 2025 finale, as the hour is a recap of the effective sentencing strategies we've been discussing on this podcast, and deploying in our own cases. Please like, share and subscribe.  Have great holidays.  Drink a responsible amount of great tequila, and we will see you in 2026!!!   IN THIS EPISODE:  Doug Passon's story!  Including Mitigation Filmmaking, Sentencing Consulting, and Autism-informed criminal defense; Narrative is everything; Defense Maps; The "3Rs" of mitigation narrative; There are at least TWO SENTENCINGS that occur in every case; Mitigation development must start EARLY; Use of qualified experts to bolster sentencing narratives; Choosing your prison experts wisely – all are not created equal; Effectively using sentencing and life expectancy statistics; The nuts and bolts of sentencing mitigation films; The value (or lack thereof) of sentencing letters; The power of allocution; Tips for choosing the very best lawyer for your case.   LINKS:   White Collar Support:  https://prisonist.org/ Defense Maps:  https://www.defensemap.com/ Sentencing Statistics:  www.sentencingstats.com Dr. Not Guilty, by Muhamad Aly Rifai, MD.  The Simpsons Do Mitigation Videos!? (Clip from Season 30, ep. 15, "101 Mitigations") FREE DOWNLOADS:  CLICK HERE TO VISIT MAINPAGE  of the podcast for downloads: CHAPTER EIGHT OF DR. NOT GUILTY -- CHOSSING YOUR DEFENDER 3RS OF SENTENCING NARRATIVE (BY DOUG PASSON) SAMPLE SENTENCING LETTER REQUEST (BY DOUG PASSON)
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  Understanding Autism with Dr. Nick Dubin 01.12.2025 1ó 16p

  Justice-involved autistic individuals have valuable insights for understanding criminal legal challenges related to autism. With proper support and guidance, positive outcomes are possible. Dr. Nick Dubin transformed his own experience in the criminal system into a story of advocacy and hope.   IN THIS EPISODE: Autism is a condition of profound isolation; Examples of autistic vulnerabilities; A discussion of "theory of mind" (inability to intuit the intentions or feelings of others); How Dr. Dubin became ensnared in the criminal system; How to help decision makers understand the truth of autistic deficits; Advice for lawyers representing clients with autism; Why traditional therapy is not only unhelpful, but potentially traumatizing; Autistic "meltdowns"; Dr. Dubin's advocacy and accomplishments.   PUBLICATIONS BY DR. NICK DUBIN: The Autism Spectrum, Sexuality and the Law: What every parent and professional needs to know  https://www.amazon.com/dp/1849059195/   Autism Spectrum Disorder, Developmental Disabilities, and the Criminal Justice System https://www.amazon.com/Spectrum-Disorder-Developmental-Disabilities-Criminal/dp/1787753611/   Caught in the Web of the Criminal Justice System: Autism, Developmental Disabilities, and Sex Offenses https://www.amazon.com/Caught-Criminal-Justice-System-Developmental/dp/1785927132/   OTHER LINKS: D3:  https://dthree.org/ Autism Innocence Project:  https://autisminnocenceproject.org/ Judicial System | Autism Speaks:  https://www.autismspeaks.org/judicial-system   Laurie Program/Video:  Autism & The Justice System: Dr. Laurie Sperry and Doug Passon on Vimeo :  https://vimeo.com/1105914147  
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  Illegals: How Trump is Ignoring the Constitution and Laws to Install Loyalist US Attorneys 03.11.2025 47p

  The appointments clause is enshrined in our Constitution.  Checks and balances and separation of powers are a part of our Country's DNA.  It's a system we have used for 250 years, designed to prevent abuse of power.  If we adhere to that system, then individual liberty is protected. But this administration daily demonstrates the dangerous view that the executive branch is all powerful.  In this case, it does an endrun around the constitution and laws to install loyalist US attorneys who will protect his friends and punish his enemies. Therefore, the people must pay attention, the lawyers must make every lawful objection, and the courts must send a strong and clear message to the president - comply with the law or face significant consequences.   IN THIS EPISODE: Explaining the illegal appointment issue; Why we believe this issue is NOT WAIVABLE by the defense, as it is a structural defect; and Why this is a constitutional crisis that every American should care about.   LINKS:  MOTION TO DISMISS.  To download a copy of the motion dismiss we just filed on this issue, go to the main page for this podcast at:   https://setforsentencing.com/podcast/llegals/  
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  Hostility & the Heart, With Joy Bertrand 13.10.2025 1ó 25p

  Joy Betrand is a world-class criminal defense lawyer with valuable insights on lawyer wellness. The stress and trauma of legal work can harm mental and physical health. In this episode, we discuss manifest injustices we've encountered in the criminal system, and share coping strategies for stress.   IN THIS EPISODE: The infamous Phoenix "Backpage Trial"; Authoritarianism dressed up as "law and order"; Advocating for pregnant women in custody; Managing hostility and finding your courage; Practical tips for managing stress.   LINKS:   Athena in the Well (fight giants and win – Joy's podcast) Joybertrandlaw.com Michigan psychodrama center "Hold Fast" Podcast on the Backpage case (Audible)