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77: America Has A Guilty Plea Problem
(WATCH THIS EPISODE ON YOUTUBE) Today, 98% of all federal criminal cases are resolved with a guilty plea. Why?
"Half a loaf is better than none. . . . When we have a weak case for any reason, we'll reduce to almost anything rather than lose."
In modern America, "beyond a reasonable doubt" as determined by a jury has largely been replaced by the discretion of prosecutors to punish defendants for exercising their constitutional right to a trial by jury. So much so, defendants in pretrial detention are agreeing to plea "bargains" at a rate so high, it’s difficult to deny the obvious: Innocence is irrelevant.
Reb is joined by Hannah Bogen, a Federal Public Defender in the Office of the FPD for the Central District of California, the largest public defense office in the federal system. Hannah shares her firsthand experience with indigent defense, pretrial detention, plea bargaining, and sentencing policy—a rare glimpse into the real lives of her clients in the federal criminal system, and public defenders' enduring fight for dignity and mercy for the people whom society often forgets...Until it happens to you.
**DISCLAIMER: The views and opinions discussed in this episode are personal to Hannah and Reb and do not reflect the views or opinions of the Office of the Federal Public Defender.**
A huge thank you to Hannah Bogen for her time and unforgettable insight for this episode, and a gracious nod to the Offices of the Federal Public Defender in Los Angeles and around the country. Their attorneys, staff, and investigators are selfless bright sparks in a system shrouded by darkness.
See: L.A. public defenders are on a win streak as Trump's Justice Department charges activists , L.A. Times (Feb. 6, 2026) --> Access without a subscription here
See also: More than 10,000 lawyers have left the Trump Administration leaving multiple agencies understaffed, report says, Independent (May 31, 2026)
Helpful Resources, Information, Statistics:
Mass Incarceration—The Whole Pie (Prison Policy Initiative 2026)
The Hidden Law of Plea Bargaining (2018) ("It continues to be driven not by law but by power—the vast, unregulated power of prosecutors")
Report: How Mandatory Minimums Perpetuate Mass Incarceration and What To Do About It (2024)
***
MERCH STORE IS LIVE! Shop Reb Masel and Rebuttal Pod merch: https://rebmasel.shop/
CLICK HERE to PREORDER Reb's book: The Book They Throw At You—A Sarcastic Lawyer's Guide* To The Unholy Chaos of Our Legal System, *God No, Not Actual Legal Advice
***
Follow @RebuttalPod on Instagram and Twitter!
Follow @Rebmasel on TikTok, Instagram, and Twitter!
***
00:00 - How America convicts the innocent
04:14 - WELCOME! Hannah Bogen, Federal Public Defender
05:26 - A mantra for public defenders
06:06 - **DISCLAIMER**
06:22 - Typical crimes Hannah sees in federal court
07:40 - WHAT DO FEDERAL PUBLIC DEFENDERS DO?
10:35 - "We're not gonna get there in time..."
12:46 - Favorite thing a client has said to you
16:05 - REPRESENTING VICTIMS IN THE SYSTEM
19:25 - "Prosecutor won't even make eye contact"
20:42 - ARRESTED IN PAJAMAS: Now what?
26:22 - Poverty and prison
29:30 - Trump's new prosecution policies
34:25 - "THE PURPOSE IS CRUELTY"
36:13 - Drugs and Mandatory Minimums
41:15 - THE PROBLEM WITH PLEA "BARGAINS"
45:38 - Plead or Suffer (Trial Penalty)
49:30 - 10,000 attorneys leave Trump's DOJ since 2025
53:25 - Former FPD Justice Ketanji Brown Jackson!
55:44 - BEST DAYS ON THE JOB
1:00:53 - Final thoughts for Rebuttal listeners
Learn more about your ad choices. Visit megaphone.fm/adchoices
View all episodes
By Rebmasel
4.9
12421,242 ratings
(WATCH THIS EPISODE ON YOUTUBE) Today, 98% of all federal criminal cases are resolved with a guilty plea. Why?
"Half a loaf is better than none. . . . When we have a weak case for any reason, we'll reduce to almost anything rather than lose."
In modern America, "beyond a reasonable doubt" as determined by a jury has largely been replaced by the discretion of prosecutors to punish defendants for exercising their constitutional right to a trial by jury. So much so, defendants in pretrial detention are agreeing to plea "bargains" at a rate so high, it’s difficult to deny the obvious: Innocence is irrelevant.
Reb is joined by Hannah Bogen, a Federal Public Defender in the Office of the FPD for the Central District of California, the largest public defense office in the federal system. Hannah shares her firsthand experience with indigent defense, pretrial detention, plea bargaining, and sentencing policy—a rare glimpse into the real lives of her clients in the federal criminal system, and public defenders' enduring fight for dignity and mercy for the people whom society often forgets...Until it happens to you.
**DISCLAIMER: The views and opinions discussed in this episode are personal to Hannah and Reb and do not reflect the views or opinions of the Office of the Federal Public Defender.**
A huge thank you to Hannah Bogen for her time and unforgettable insight for this episode, and a gracious nod to the Offices of the Federal Public Defender in Los Angeles and around the country. Their attorneys, staff, and investigators are selfless bright sparks in a system shrouded by darkness.
See: L.A. public defenders are on a win streak as Trump's Justice Department charges activists , L.A. Times (Feb. 6, 2026) --> Access without a subscription here
See also: More than 10,000 lawyers have left the Trump Administration leaving multiple agencies understaffed, report says, Independent (May 31, 2026)
Helpful Resources, Information, Statistics:
Mass Incarceration—The Whole Pie (Prison Policy Initiative 2026)
The Hidden Law of Plea Bargaining (2018) ("It continues to be driven not by law but by power—the vast, unregulated power of prosecutors")
Report: How Mandatory Minimums Perpetuate Mass Incarceration and What To Do About It (2024)
***
MERCH STORE IS LIVE! Shop Reb Masel and Rebuttal Pod merch: https://rebmasel.shop/
CLICK HERE to PREORDER Reb's book: The Book They Throw At You—A Sarcastic Lawyer's Guide* To The Unholy Chaos of Our Legal System, *God No, Not Actual Legal Advice
***
Follow @RebuttalPod on Instagram and Twitter!
Follow @Rebmasel on TikTok, Instagram, and Twitter!
***
00:00 - How America convicts the innocent
04:14 - WELCOME! Hannah Bogen, Federal Public Defender
05:26 - A mantra for public defenders
06:06 - **DISCLAIMER**
06:22 - Typical crimes Hannah sees in federal court
07:40 - WHAT DO FEDERAL PUBLIC DEFENDERS DO?
10:35 - "We're not gonna get there in time..."
12:46 - Favorite thing a client has said to you
16:05 - REPRESENTING VICTIMS IN THE SYSTEM
19:25 - "Prosecutor won't even make eye contact"
20:42 - ARRESTED IN PAJAMAS: Now what?
26:22 - Poverty and prison
29:30 - Trump's new prosecution policies
34:25 - "THE PURPOSE IS CRUELTY"
36:13 - Drugs and Mandatory Minimums
41:15 - THE PROBLEM WITH PLEA "BARGAINS"
45:38 - Plead or Suffer (Trial Penalty)
49:30 - 10,000 attorneys leave Trump's DOJ since 2025
53:25 - Former FPD Justice Ketanji Brown Jackson!
55:44 - BEST DAYS ON THE JOB
1:00:53 - Final thoughts for Rebuttal listeners
Learn more about your ad choices. Visit megaphone.fm/adchoices
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