Beat The Prosecution

• Winning at sentencing and with commutation- Felicia Donald, former federal inmate released under the CARES Act

  Send us a textFairfax criminal defense lawyer Jonathan Katz named this podcast Beat the Prosecution in sync with his teacher SunWolf's watchword that reality is no obstacle. By shooting for the stars, great outcomes be achieved in court. Nonetheless, plenty of criminal defendants get convicted, requiring all criminal defense lawyers to be great at sentencing. Recently, Jon Katz's fellow criminal defense lawyer Bret Lee told Jon of his and lawyer Marvin Miller's Northern Virginia federal criminal defense client Felicia Donald, saying she was willing to be on Jon's podcast. Dr. Donald is a physician who in 2020 entered a guilty plea to one prescription drug violation count involving opioids and one health care fraud count. Despite the prosecution's request for a fourteen year prison sentence and to include obstruction of justice in her sentencing guidelines, Dr. Donald's legal team obtained a sentence that was half of that, and that avoided a finding of obstruction. Dr. Donald is Jon Katz's second former inmate to appear on the Beat the Prosecution podcast. A big difference between the two is that the first such guest, Susan Crane, engages in peace actions against armaments and military facilities, admits her actions and asserts their justification under international law. Most other criminal defendants, including Dr. Donald, never seek any prosecution nor attention to their prosecution. Where most convicted criminal defendants would prefer to keep a low profile about their cases, Dr. Donald does a big service to current and future defendants by here discussing step-by-step her oversight in not securing a lawyer before she reported alleged wrongdoing by one of her employees to law enforcement officers (LEO) and before she turned over her cellphone and business documents to LEO, how she chose her initial and subsequent legal team, how she weathered the storm of incarceration during the pandemic and found opportunities to help fellow inmates, how she witnessed seriously inadequate health care for numerous inmates and dealt with her own serious health issues as an inmate, and how she obtained a sentence commutation under the CARES Act. For this episode, then, beating the prosecution is about obtaining the best possible sentence and being as resilient as possible from the point of arrest to the time of release from incarceration. Jon thanks Felicia Donald and Bret Lee for joining him. This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

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• Winning by throwing your full self into the battle: Ofelia Calderon- Virginia crimmigration lawyer

  Send us a textFairfax criminal lawyer Jonathan Katz first met local highly-regarded immigration / crimmigration lawyer Ofelia Calderon (Merrifield, Fairfax, Virginia) nearly 20 years ago at a Cinco de Mayo celebration, introduced by Jon's then law partner Jay Marks who subsequently became Ofelia's law partner for a few years. Ofelia is the third immigration lawyer on this Beat the Prosecution podcast, and for good reason, with Ofelia being the first immigration lawyer to join us after Donald Trump returned to the White House and unleashed a slew of unfriendly, dangerous and often downright civil liberties- and due process-violating policies and actions against a slew of non-United States citizens. Many of Jon Katz's criminal defense clients are not United States citizens, and need to know what to do when police, judges, courthouse officials and jailers ask them about their immigration status, not only with direct questions but with such more subtle questions as "Where were you born?" This episode tells you how to handle your encounters with such authorities. Also motivating Jon's invitation for Ofelia to join this episode is her involvement as a board member of the Virginia Legal Aid and Justice Center (I recommend donating, here), which has this great Rapid Response toolkit for dealing with such practical immigration emergencies as being ready with powers of attorney to handle real estate and personal property assets of those detained by the immigration authorities. Ofelia is a true believer for the rights and interests of non-United States citizens. Jon was totally invigorated by this talk, and anticipates that you will be, as well. This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

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• Applying psychodrama and other winning Trial Lawyers College approaches- Charles Abourezk, Chief Justice of the Rosebud Sioux Tribe’s Supreme Court

  Send us a textSouth Dakota trial lawyer Charles Abourezk has a compelling story as a lawyer and beyond that role. He grew up on the Rosebud Sioux Indian Reservation, and advocated for Indian Americans before and after law school. He represented indigenous people's interests at the United Nations. He produced and directed radio and television programming concerning Native Americans. Charlie is Chief Justice of the Rosebud Sioux Tribe’s Supreme Court in South Dakota; Justice of the Crow Creek Sioux Tribe Appellate Court; Justice of the Lower Brule Sioux Tribe Appellate Court; and Special Judge for Oglala Sioux Tribal Courts. Charlie attended the Trial Lawyers College in 1997, two years before your podcast host Jonathan Katz attended. There, Charlie particularly took to psychodrama. He remains and teaches actively on staff at the National Psychodrama Training Center. Charlie's late father James Abourezk was the first United States Arab American senator, who subsequently founded the Arab-American Anti-Discrimination Committee (ADC). He was a strong advocate for Native American rights while in the U.S. House and Senate. Law enforcement once searched Charlie's home on the reservation, and followed him around for a period of time, I take it due to his support of Native Americans. He says such an experience makes you stronger. Charlie strongly and aptly believes in the power of psychodrama for winning in court. His devotion to Native American rights made inviting him for this interview all the more compelling for Jon Katz, whose close friend and spirtual teacher Jun Yasuda strongly supports Native American rights. This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

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• From Guantanamo and back- Winning with full devotion to clients, persuasion, and fearlessness: Rosa Eliades- Criminal Defense Lawyer & Trial Consultant

  Send us a textEvery criminal defense and other trial lawyer faces the possible moment of truth about how to handle an unjust judicial directive. This week's guest Rosa Eliades -- along with lead counsel Richard Kammen (who wore a kangaroo pin to Guantanamo court and has pointed words about the military commissions), and co-counsel Mary Spears -- in 2017 obtained approval from now-former Marine criminal defense Brigadier General John Baker to withdraw as civilian defense lawyers for Guantanamo defendant Abd Al-Rahim Hussein Muhammed Al-Nashiri, due to their not receiving judicial authorization to share critical but classified evidence with their client. The story did not end there, when their military commission judge -- Vance Spath -- not only would not accept that withdrawal, but ultimately ordered 21 days of home detention (later stayed by another authority) for contempt against that  general for correctly releasing the trio without first checking with judge Spath. I wrote more about this case in 2017, here. Rosa and Mary obtained relief from the D.C. Circuit in 2019 (In Re Spears & Eliades,  921 F.3d 224 (D.C. Cir. 2019), as a remedy for the conflict of interest of Judge Spath's (unrevealed to the defense in 2017) having had a pending application to be an immigration judge, through the same Justice Department involved in the prosecution of Mr. Al-Nashiri. What would have happened had that judicial conflict and related relief not taken place? Having been a contract lawyer rather than Defense Department employee, Rick Kammen separately obtained relief from Judge Spath's actions. Rosa continued until early this year doing criminal defense as a civilian lawyer with the U.S. Department of Defense's Military Commissions Defense Organization. Now she is based in Washington, D.C., with her solo law practice, also doing consulting for lawyers, with her company called Emergence Consultants. Rosa is the sixth among Trial Lawyers College attendees and instructors to appear on our podcast. Fairfax criminal lawyer Jon Katz attended in 1995. The TLC focuses heavily on winning through finding the persuasive story in our case, working closely with our clients, investing and integrating ourselves into our client's case and cause, discovery who we truly are as people and lawyers, and being our best real selves, engaging in psychodrama and scene re-enactment.This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

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• First Amendment FIRE Lawyers Harvey Silverglate & Robert Corn-Revere- Winning by staying true to our principles

  Send us a textOne of the two founders of the Foundation for Individual Rights in Education -- Harvey Silverglate -- figured the group might no last much past ten years beyond its 1999 founding. Instead, Silverglate, describes the group -- renamed Foundation for Individual Rights and Expression  -- as having filled the gap that was left when the ACLU became more of a progressive organization and less of a free expression protector. Fairfax criminal and DUI defense lawyer Jonathan Katz first met criminal defense and civil liberties lawyer Harvey Silverglate over twenty years ago through their mutual membership in the Naitonal Association of Criminal Defense Lawyers. He met First Amendment lawyer Robert Corn-Revere -- now FIRE's chief counsel -- through their mutual membership in the First Amendment Lawyers Association, of which Bob is a past president. Both Bob and Harvey are CATO Institute scholars. Jon Katz has advised a conservative student referred by FIRE, in his campus disciplinary proceeding when his private university trampled on his right to videotape a campus speaker and university-paid public figure when no advance warning had been made against such recording activity. Jon was also referred by FIRE to advise a state university professor whose First Amendment rights were violated by being suspended from his job due to an uproar by numerous alumni and members of the public after he appeared as an unwitting hotseat guest of the O'Reilly Factor (on which show Jon has twice appeared, and also has appeared twice on the Radio Factor.) Worse, the federal government zeroed in on this professor, and dragged him through a six month trial (which Jon did not handle) that resulted in acquittal on numerous counts and a hung jury (10-2) on some additional counts.What becomes readily apparent in this Beat the Prosecution episode is that staying true to our principles helps criminal defense and civil liberties lawyers win in court. Harvey tells of the jury nullification that delivered him acquittals of around 30 people prosecuted for trespassing in the carrying away from the office of a Harvard dean in his chair, in protest over the Vietnam war, with the prosecutor then declining to prosecute the approximately 70 additional defendants. Bob tells about winning in the Supreme Court against a prosecution under a statute criminalizing the filming of dogfighting and other animal cruelty ("crush films"). Visit here to donate to FIRE and here to become a member. This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675

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