Beat The Prosecution

Send us a text

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

Send us a text

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

Send us a text

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

Send us a text

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

Send us a text

There are heroes, and then there are heroes. Lisa Monet Wayne is one of Fairfax criminal / Virginia DUI lawyer Jonathan Katz's greatest heroes. Lisa was one of Jon Katz's earliest great criminal defense teachers, encouraging attorneys not to shy away from taking even the toughest cases to trial. She was among Jon's teachers at the National Criminal Defense College's Trial Practice Institute. 

Lisa is one in a line of great former Colorado Public Defender training directors. She is currently Executive Director of the National Association of Criminal Defense Lawyers (NACDL). This interview will be a battery recharge for all criminal defense lawyers. 

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

Send us a text

Fairfax criminal defense and DUI defense lawyer Jonathan Katz was floored when he met law professor, mindfulness teacher, and teacher on overcoming racial injustice Rhonda Magee, at the 2015 Mindful Leadership conference in Arlington, Virginia. Nine years later, Jon Katz catches back up with Rhonda, talking about her essential book The Inner Work of Racial Justice, her work with addressing how we handle racial injustice, about being proactive rather than reactive to others' verbal and nonverbal trespasses, and her online events and meditations. Rhonda is a leader in these practices.  

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

Send us a text

In 2015, Fairfax criminal lawyer Jon Katz finished court earlier than expected, and beelined to the Mindful Leadership conference in Crystal City, Virginia, in part to meet speaker Roshi Joan Halifax. Snagging a ticket to this soldout event, Jon met Roshi Joan, and also sat mesmerized by speaker Jim Dethmer's (co-founder of the Conscious Leadership Group) talk about conscious leadership, and about the difference between leading from above the line (where one is open, curious, and not attacking) versus from below the line. This conscious leadership approach is fully addressed in The 15 Commitments of Conscious Leadership, by Jim Dethmer, Diana Chapman, and Kaley Warner Klemp.

The challenges abound for criminal defense lawyers and their clients to get sidetracked by actually or apparently slinged mud, heartlessness, dehumanization efforts, underhandedness and prevarication from various quarters in the courthouse and beyond. Getting angry and misdirected is weakening. Smiling in the face of proverbial flying vomit and diarrhea -- when knowing the possibilities of sweet success that may be right around the corner -- is the powerful way to proceed.

Conscious Leadership's Deb Katz pulls no punches in addressing how she transitioned from years of proceeding as an unconscious leader to a conscious one. She talks about how it is possible to say f--k you from above the line, and how sweetness does not automatically put one above the line. Deb addresses how Conscious Leadership draws on numerous pre-existing approaches to leading in a beneficial way. She and Jon both benefit from the teachings and practices of Ho'oponopono, which is featured on a previous Beat The Prosecution podcast episode. 

This conversation between Jon Katz and Deb Katz (same last name, but no close family connection) dives deep into transitioning into the conscious leadership approach. 

The universal and Apple podcasts URL for this episode are at https://podcast.beattheprosecution.com/2293867/episodes/15777966 

and https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675?i=1000669998168

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

Send us a text

Criminal defense usually includes keeping the burden with the prosecution to attempt to prove their case beyond a reasonable doubt. That approach can be turned upside down with activists who broadcast their actions loudly and clearly. Fairfax criminal lawyer Jonathan Katz first faced that situation when teaming with Ramsey Clark to defend four Plowshares activists who hammered on warplanes outfitted to fire depleted uranium missiles. The four defendants' openness about their actions made winning the destruction of property count a challenge to win at their jury trial, while pretrial, Jon still convinced the trial judge to dismiss the sabotage and sabotage conspiracy counts.

Early in his criminal defense career, Jon Katz heard Gerald Lefcourt tell about how his client Abby Hoffman sought for Lefcourt to keep him out of jail so that he could pursue his activism. Jon wondered if he had missed the boat for defending activists until he was asked to defend the Plowshares. Ramsey Clark told Jon that the opportunities to defend activists are many, at least when doing so pro bono. When Jon asked about a lawyer(s) to turn to for suggestions for defending activists, Mark Goldstone's name immediately came up. Mark was delighted when he received a court appointment for an activist protesting in the Capitol against Ronald Reagan's policies in supporting anti-communist combatants in Nicaragua, and was even more delighted when the lawyers for the 130 other defendants withdrew their representation, leaving those defendants with Mark.

When Jon met Mark, Mark led the demonstrations committee of the local National Lawyers Guild, which Jon Katz first joined because of its work for criminal defendants and immigrants, and its stand for racial justice and gender equality, but left several years later when the group became too doctrinaire, and even issued a call to support Muntadhar al-Zaid -- who in 2008 threw his shoes at George W. Bush in Iraq -- and called to donate shoes for needy people, with not a peep against violence that was part of the shoe throwing. 

Over the decades, Mark has become a go-to lawyer for political activists -- including supporting their First Amendment free expression rights -- and for judges seeking criminal defense lawyers for appointments for such defense. Mark is a devoted, principled and caring person and attorney. Jon has great respect for 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://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

Send us a text

Reaching and being in a state of zero is vital for Fairfax, Northern Virginia criminal defense and DUI lawyer Jonathan Katz. Jon Katz has learned and applies this approach of zero through taijiquan, mindfulness, nonduality, and Self Identity Through Ho'oponopono (SITH). Taijiquan master Benjamin Pang Jeng Lo taught that by being at zero, we are never chasing nor letting outside forces nor influences guide our path. Mindfulness helps us clean our internal gunk and vibrate away new gunk. Nonduality / non-attachment enables us to find, harness and unleash our power internally, without gauging our well being by outside circumstances, and helps us live in the moment. The samurai who is not in the moment, is fearful of possible death, and is thinking of their next move is more likely to have their head lopped off. Self Identity Through Ho'oponopono is about taking personal responsibility -- which is also central to conscious leadership -- for what we are experiencing and perceiving; cleaning our internal gunk, data and memories; and emanating that approach to the benefit of our family members and everyone else.

No matter how sensible or not the foregoing practices appear at first, this approach works powerfully for Jon Katz both in his criminal defense work and in his personal life. Jon learned about SITH in 2011, and that year met one of its main teachers and practitioners -- and Jon's very important teacher Dr. Ihaleakala Hew Len, whose first words to Jon upon their meeting each other was "lawyer". Dr. Hew Len was a psychologist, dealing with plenty of people experiencing psychological imbalance, and Jon Katz deals with people having such experiences through his criminal defense work.

Ihaleakala Hew Len took his last breath in 2022.  Kamaile Rafaelovich  (also spelled Kamailelauli'I) -- known as KR -- is president of IZI, LLC, which teaches and applies SITH. KR learned about SITH from its founder Morrnah Simeona before Dr. Hew Len started learning from Morrnah. KR has blessed Jon by joining him for this podcast. If the ideas and messages in this podcast episode do not resonate with you the first time, you may find that they make sense after listening a second or third time. 

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

Send us a text

After learning about non-attachment after revisiting Wim Wenders's visit in Tokyo-Ga to the gravesite of famous director Yasujirō Ozu (who left his body only eight months after Jon Katz was born), whose headstone was marked solely with the character 無 Mu (translatable as nothingness), Fairfax Virginia criminal and DUI defense lawyer Jonathan Katz learned more clearly and deeply about nonduality / non-attachment, and began more intentionally pursuing this life path, through his continued practice of the taijiquan martial art, additional mindfulness practice, and lessons from such great teachers as Baba Ram Das (born Richard Alpert) about our interconnectedness.

Jon learned about the lawyers mindfulness movement, ultimately attended a great partially silent long weekend law professionals' retreat at the Blue Cliff Monastery, for a year became coordinator of the then-named Contemplative Lawyers group of the national capital area, and finally was willing to spend a long weekend in heavy silence and meditation -- other than during group discussion and question and answer sessions -- at the 2015 Mindful Lawyering long weekend at the Garrison Institute.

While Zoketsu Norman Fischer -- a former abbot at the San Francisco Zen Center, which Shunryu Suzuki Roshi founded -- was the biggest draw for Jon among the teachers at this Mindful Lawyering retreat, the remaining lineup of teachers was also great. Nikki Mirghafori stood out for Jon among the retreats' teachers for her apparent particularly practical approach to applying mindfulness, together with her profession as an artificial intelligence scientist. Nikki also brings us front and center to the mindfulness of death, seeing that we all have only one exit from this world. Nikki's social media links are at www.facebook.com/dr.nikki.mirghafori; www.facebook.com/nikki.mirghafori; linkedin.com/in/nmirghafori; www.instagram.com/nikki.mirghafori; x.com/NikkiMirghafori

In this Beat the Prosecution podcast conversation between Nikki and Jon, they both learn that their early meditation practices involved applying Herbert Benson's Relaxation Response, and moved forward. Nikki's early mindfulness practice took place during very substantial personal challenges.

Jon asks Nikki for ideas for lawyers, criminal defendants and others to deal with their suffering, addiction, and suicidal thoughts, as well as how to beat the prosecution. Nikki's lessons include being mindful and compassionate, engaging in restorative justice, and being ready to interact with prosecutors and others on a human level. 

Visit Nikki's website for a treasure trove of discussion, meditations, 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