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In mid-December 2024, Denmark released Captain Paul Watson (co-founder of Greenpeace, and founder of Sea Shepherd Conservation Society) after five months of captivity in an apartment-like incarceration setting in Greenland, when Denmark ultimately declined to extradite him to Japan for a matter about which Captain Watson asserts his innocence.

Fairfax, Virginia criminal defense and DUI lawyer Jonathan Katz three weeks after Captain Watson's release had the privilege to spend an hour with him on our Beat the Prosecution podcast, covering such topics as risking detention and prosecution for what we deeply believe in; the international law limiting whaling and sealing; preparing for and winning at trial (he has never been convicted); and his uncanny ability to be non-angry.

Remarkable is Paul's confirmation that he does not get angry, other than when he expresses it with his pen. Non-anger is very vital to beating the prosecution. Paul has been prosecuted numerous times, but all his trials have resulted in acquittals. Listen to how that resulted.

Paul Watson and Jon Katz both eat vegan (with Paul motivated heavily by ecological reasons, and Jon being primarily motivated by nonviolence), and know members of the American Indian Movement (with Paul having been a medic during the Wounded Knee action, and Jon peripherally meeting AIM members through his peace teacher Jun Yasuda, a close friend and supporter of the late Dennis Banks).

Jon recommends reading Paul's autobiography Hitman for the Kindness Club, and listening to his podcast entitled Captain Paul Watson Foundation. More about Paul and his foundation's work is at PaulWatsonFoundation.org. Watson is one of the films about him. Donations to his foundation can be made here. 

One of Paul's previous organization's ships was named the Steve Irwin, who supported Paul's approach for animals. Those approaches include ramming whaling ships without causing injury to others, applying dye to seals to make their skins unmarketable, using stink bombs, and releasing animals from captivity. 

Paul magnificently sums up his work with this phrase that also is all about how to beat the prosecution: courage, passion and imagination. 

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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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Marijuana in large part accelerated Fairfax criminal lawyer Jonathan Katz's transition from working at a corporate law firm to becoming a criminal defense lawyer many years ago. Jon Katz one day read about a federal prosecutor's issuance of a subpoena for High Times Magazine's advertiser records. Jon figured that the prosecutor was going after customers of hydroponic indoor marijuana growers. In protest, Jon took out a subscription to High Times, and told the same by letter to the then-federal attorney general and High Times. As a result of that subscription, Jon learned about criminal defense lawyer Don Fiedler, who was then national director of NORML, who helped Jon steer his path towards criminal defense. 

In rapid order, Jon joined the National Association of Criminal Defense Lawyers, and met its then-executive director Keith Stroup. the founder of the National Organization for the Reform of Marijuana Laws (NORML), which is devoted to marijuana consumers, rather than to manufacturers and sellers. Jon had previously read the authorized NORML biography High in America, and has been fascinated by Keith's story. Keith has for many years been back with NORML, where he is current legal counsel. 

The story of marijuana legalization and decriminalization provides strong lessons for criminal defense lawyers and their clients, about perseverance, team building and reversing roles. Marijuana remains criminalized at the federal level, but its odor is no longer a basis under Virginia law for a police search, and possession of designated amounts is no longer an offense in Virginia, which still needs legalized retail sales beyond medicinal sales. Many marijuana reformers have worked tirelessly and creatively over the decades to get us to where we are now. The team building involved in obtaining marijuana reform goes well beyond so-called political progressives. The reversing roles looks at what makes politicians and other policymakers tick for no longer demonizing marijuana. 

On this episode of Beat the Prosecution, Jon welcomes Keith Stroup and NORML political director Morgan Fox, for an eye-opening look at how far marijuana reform has come and what still needs to be done. Jon believes strongly in decriminalizing all drugs, as well. 

For more information about NORML and how to join and donate to the group, visit NORML.org. 

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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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Great criminal defense is like delivering clients excellent results while balanced on a pinnacle thousands of feet above the ground below. For that reason, Fairfax criminal / Virginia DUI attorney Jon Katz has invited Zen priest and former New York City emergency room physician Wendy Dainin Lau, M.D., who went from computer technology to medical school, and, after burnout, to the Upaya Zen Center in Santa Fe.

Effective criminal defense lawyers in so many ways are like emergency room physicians, single-mindedly reaching out to their patients as verbal bows and arrows can be flying -- or seem to be flying -- from all directions. Sensei Wendy has experienced having one patient die, only to still have a roster of other patients to help in the very next moment. She repeatedly takes on the treacherous journey to provide highly needed free healthcare to people in remote areas of Nepal. A recent documentary on that Nomads Clinic work -- Into the Heart of the Mountain -- is available here.

Wendy teaches the practice of G.R.A.C.E.- Gathering attention, Recalling intention, Attuning to self and others, Considering what will serve, Engaging and ending. 

Physicians and everyone else will benefit from Wendy's Inner Practice of Medicine book. Wendy welcomes donations to the Upaya Zen scholarship fund bearing her name. 

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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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Criminal defense lawyers must hang together lest they hang separately. Northern Virginia lawyer Sameera Ali accepted an Alexandria Juvenile & Domestic Relations (JDR) Court request to represent an indigent defendant (for abysmally low pay), let the court know she was not available on the then-pending court date, got the prosecutor's office on board for seeking a very brief court date rescheduling to when Ms. Ali was available, and instead got issued a show cause notice to appear in the same court to address why she should not be held in jailable contempt of court.

Once this story hit the Washington Post (with the bittersweet ending of a dismissal of Sameera's show cause case, but only after a one hour hearing), the outpouring of support for Sameera came rushing through. The show cause hearing courtroom was filled with supportive criminal defense lawyers and also included prosecutors and city attorneys. With criminal defense lawyers ready to instantly rally around their mistreated sister and brother lawyers, and with the Virginia Association of Criminal Defense Lawyers' strike force, judges, prosecutors and police should think carefully before trespassing against one of our own.

On this Beat the Prosecution episode, Sameera and Erin Smith tell about the events following the unjust issuance of this show cause order against her, Erin's immediate departure from the Alexandria JDR court's indigent appointment list, and what happened at the hearing where the show cause order against Sameera got dismissed. Longtime public defender lawyer Lauren Whitley talks about the importance for lawyers to speak out about judges' wrongful actions. Sameera's law partner Jim Magner talks about the importance for people to recognize the devotion and talent that so many lawyers demonstrate in representing indigent defendants. Not present for this show is Christopher Leibig, Sameera's lawyer who filed this great motion to dismiss the show cause matter against Sameera. 

Striking is the absence of anger nor any agenda in Sameera nor Jim, and just Sameera's getting right back in the saddle and urging criminal defense lawyers to accept court appointments to represent indigent defendants. 

Many criminal defense lawyers are unsung and undersung heroes. Sameera is a hero to let the light be shined on her plight, to not let this matter knock her down, to win, and to treat such mistreatment with such dignity and can-do strength. 

"Injustice anywhere is a threat to justice everywhere," as Martin Luther King, Jr. reminded

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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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Now that marijuana has become heavily decriminalized in Virginia and beyond, Fairfax criminal and DUI defense lawyer Jonathan Katz sees drug reform and protecting adults' right to choose their consensual sexual activity as critical to protecting everyone's civil liberties.  Joining us for this Beat the Prosecution podcast episode are Woodhull Freedom Foundation president and CEO Ricci Levy, and WFF general counsel and First Amendment defense lawyer Lawrence G. Walters. John has known these two guests for many years. The Woodhull Freedom Foundation's website presents the group's mission as affirming sexual freedom as a fundamental human right. 

Politicians often target consenting adult sexual acitivity for expanded criminalization of consensual adult sexuality, including prosecutions against so-called obscenity, criminalizing sex work, and criminalizing omissions of verification of the adult status of people visiting websites providing sexual material.  Efforts by many governments to clamp down on consenting adult sexual activity often go beyond the criminal law, Among its work, the Woodhull Freedom Foundation is working to stop age verification laws, to decriminalize sex work, and to prevent consensual adult sex work from being lumped into campaigns against human trafficking,  Jon Katz recommends donating to WFF, at https://woodhull.app.neoncrm.com/forms/primary-donation-form . 

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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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"Aspiring full time anti-racist" is how senior Fairfax public defender lawyer Bryan T. Kennedy describes himself on his Twitter page. In this episode of Beat the Prosecution, Bryan joins Fairfax criminal and DUI defense lawyer Jonathan Katz in discussing how to beat the prosecution both in court and through out-of-court action, action, and more action, including with strength in numbers and having a great team of lawyers and non-lawyers.

Bryan is a founding member of Justice Forward Virginia , which has made huge inroads in bringing Virginia out of its capital punishment dark ages and away from its Jim Crow past, to promoting winning legislation that reduces police ability to racially profile and keeps their power better in check, and eliminates presumption of pretrial detention for certain alleged crimes; and supporting robust indigent defense and challenging mandatory minimum sentencing. I recommend donating to Justice Forward Virginia. 

Bryan is a lawyer's lawyer and a public defender's public defender. He underlines how some of the greatest criminal defense lawyers start as public defender lawyers and do not have to leave their principles at the door by starting as a prosecutor instead. He is fully bilingual in English and Spanish, which is a major asset in this county with so many people who speak Spanish (and so many other non-English languages) as a first language. 

Bryan is a true believe in the criminal defense cause, and is not afraid to stand up to judges and everyone else in the process. Thanks to Bryan for joining Jon Katz for an hour on this podcast episode. 

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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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One 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

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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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Fairfax criminal and DWI lawyer Jonathan Katz heard Abbie Hoffman's lawyer Gerald Lefcourt speak in 1991 about how Abbie had asked Gerry to keep Hoffman out of jail so that he could keep pursuing his agenda. At that moment, Jon wondered whether he had missed the boat on the days of defending activists. Nine years later, Jon teamed with Ramsey Clark to defend the Plowshares 4 at their 2000 criminal jury trial following their action against depleted uranium, and Ramsey mentioned there being plenty of interesting activists to defend when doing so for free.

Thanks to Plowshares and Catholic Worker activist Mark Colville of the Amistad Catholic Worker in New Haven for joining Jon in talking about his three Plowshares actions and resulting jury trials for two of them, and his Catholic Worker activities, including with Rosette Village.

Plowshares actions include admitting the defendants' actions, while arguing that the action should not be convicted any more than Underground Railroad activists should have been convicted. Mark presents great ideas for beating the prosecution through such approaches as keeping our eyes on the prize of winning no matter the seeming and actual hurdles along the way, pushing the envelope of advocacy as necessary, and working in community / teamwork.

Jon recommends donating to the Amistad Catholic Worker or any other Catholic Worker community, and/or the Rosette Village, helping homeless people.  

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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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When Fairfax criminal defense / DUI lawyer Jonathan Katz attended his first National Association of Criminal Defense Lawyers meeting, he was wowed by a talk by New York attorney David L. Lewis, who is brilliant, uniquely humorous, and tremendously persuasive.
 
David has been very generous in sharing his knowledge and experience with his fellow criminal defense attorneys. After all these decades, David continues to inspire Jon Katz in pursuing his clients' best defense, following the possibilities and not being hemmed in by perceived boundaries. Hear David's fascinating story about his path to criminal defense and winning, his time as a judge, and his recent return to criminal defense, as a partner with New York City's Aidala, Bertuna & Kamins. 

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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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Fairfax criminal defense lawyer and DUI attorney Jonathan Katz has been inspired for years by the great and to-the-point online dharma talks and guided meditations by Venerable Thubten Chodron. Venerable is at once compassionate, kind, generous of her time and as tough as nails. Through divine coincidence that neither knew about at the time, Venerable was editing a book about inmates when Jon Katz invited her onto this show.

Transcending all religious and non-religious approaches to life, Venerable here gives great lessons on non-anger, selflessness, restorative justice, working with inmates, mindfulness and more approaches that work very well for helping criminal defendants and their lawyers obtain the best possible results in court, and for making us feel more grounded. Venerable suggests entitling this podcast as harmonizing the situation rather than beating the prosecution, to which Jon responds why the name remains as it is.

Check out Venerable's many great books, and the section of her abbey's website with writings by incarcerated people and prison volunteers. You are bound to be inspired by Venerable's words and great spirit.  If you like what you hear, please consider donating to her abbey. 

This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://BeatTheProsecution.com or contact us at [email protected], 703-383-1100 (calling), or 571-406-7268 (text). Hear our prior podcasts, at https://podcast.BeatTheProsecution.com/

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