Set For Sentencing

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/

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)

Robert Roberson is set to be executed by the state of Texas on October 16, 2025. But he is innocent. He has spent 20 years on death row, having been convicted of killing his 2 year old daughter Nikki.

Robert's wrongful conviction was based on the now universally debunked theory of "shaken baby syndrome". But autism plays a significant role in this tragedy as well, because the powers that be misinterpreted Robert's "odd" behavior, as evidence of his guilt.

Robert's case has garnered BIPARTISAN support in the TEXAS legislature. Even the lead detective in the case now unequivocally concludes Robert is innocent. Lastly, a cadre of independent experts have presented unassailable evidence that Nikki's death was not a homicide.

But despite all of this, the Texas Attorney General, Ken Paxton, and the governor, Greg Abbot, refuse to stop this injustice.

Now, it is up to us. Please listen to this episode, which includes two experts from the case, and then ACT.

You can:

1) Call Gov. Abbot (737-277-6778) or reach out to him online and ask him to use his power to grant a 30 day reprieve to allow the courts to rule on his pending petion for a new trial;

2) Visit the innocence project and sign their petition https://innocenceproject.org/cases/robert-roberson/

3) Show up for a rally in support of Mr. Roberson, on October 4 at 1:00pm at the Texas Capitol in Austin, TX.

ADDITIONAL LINKS:

Watch New York Times Opinion Video by former lead detective Brian Wharton here.

More information about Robert Roberson's case can be found here: What People Are Saying About Robert Roberson and here: https://innocenceproject.org/news/what-to-know-about-robert-roberson-on-texas-death-row-for-a-crime-that-never-occurred/

To speak with an attorney for Robert Roberson please contact: [email protected] or 202-669-3411.

The murder of Charlie Kirk is tragic and unacceptable, and the perpetrator must face justice. If we can all agree on that, we can begin to heal.

But, it's not "terrorism" under any definition, because at this point there has been zero indication that the alleged perpetrator acted with the intent to intimidate or coerce a civilian population or to influence or retaliate against government policy.

Branding Americans "domestic terrorists" when the label does not legally apply risks further dividing an already fractured country, and is yet one more strategy taken straight from the authoritarian's playbook.

We talk about this through the lens of a brand-new court opinion dismissing state terrorism charges against Luigi Mangione, the alleged killer of the United Health Care CEO. The language there is instructive for any state AND federal so-called terrorism case, moving forward.

IN THIS EPISODE:

• Dismissal of state terrorism counts of Luigi Mangioni and rationale;
• Whether the kirk murder case could and/or should go federal;
• Conflict of interest in the kirk case;
• The problem of pretrial publicity;
• Federal definition of terrorism;
• Federal guidelines that exponentially increase sentence in so-called terrorism cases;
• Definition of "civilian population";
• All upward departures (except 5K) go away, come Nov. 1, 2025;
• The unfair and likely unconstitutional federal grand jury process;
• Ideology, in and of itself, is NOT terrorism.

LINK: Prior episode on Terrorism Enhancement: Ep. 108: Reign of Terror: Tesla, Luigi Mangione, & Beyond.

To quote the great Rocky Balboa, "it ain't about how hard ya hit. It's about how hard you can get hit and keep moving forward."

That sums up the incredible journey of attorney Jeff Grant, founder of White Collar Support and organizer of the upcoming White Collar Conference online seminar.

IN THIS EPISODE:

• Jeff's redemption story of overcoming addiction and prison to regain and reimagine his law practice;
• The importance of finding the right lawyer;
• The Federal Expungement Initiative;
• Upcoming White Collar Support Online Seminar, which includes powerhouse speakers like Jeffrey Toobin, Joe Bankman, and Prof. Doug Berman. It's basically free ($10 bucks). October 11, 2025.**

LINKS:

WHITE COLLAR CONFERENCE (AND WHITE COLLAR SUPPORT)

FEDERAL EXPUNGEMENT INITIATIVE

GRANT LAW OFFICES

**Note, this is a completely UNPAID promotion. I am not affiliated with the conference in any way, but I think it looks great and wanted to help Mr. Grant spread the word.

In Part II of our deep dive into the Ghislaine Maxwell case, we begin with BOP Prison consultant, Walter Pavlo of prisonology.com to talk about her transfer to a minimum security camp. Then, we resume with Mark Allenbaugh of sentencingstats.com for one of our famous "sentencing post-mortems" to see what we can learn from Maxwell's sentencing proceeding.

IN THIS EPISODE:

• Maxwell's unprecedented transfer to a minimum camp;
• Cheers for the government for understanding the power of narrative lies in the specifics;
• Cheers to the defense for creating a theme (Epstein's empty chair) and telling her human (redemption) story;
• Cheers to the defense for zero mention of the Booker case and unnecessary boilerplate – we all know the guidelines are advisory;
• Cheers to outside the box advocacy where the defense lawyer personally addresses the victims of her own client's crimes;
• Jeers for ignoring the stats and life expectancy arguments.

The saga of Jeffrey Epstein is ongoing and ever-present in the news. And there are powerful lessons to be learned. But the talking heads are mostly just spinning their wheels. So, if you're seeking some straight talk and inside scoop about all of it, you've come to the right place.

This is a 2-part episode, as there is much ground to cover.

The title, of course, is an homage to the great Beatles song. But in truth, Ms. Maxwell does indeed wield a hammer. The Trump folks want to use it to do damage control and she's looking to dig a tunnel out of the federal bureau of prisons.

It remains to be seen whether Ghislaine Maxwell will be the extinguisher or the accelerant to this dumpster fire of a case.

IN THIS EPISODE:

• Preamble: Ghislaine is talkin' to the feds, but to what end?
• Thoughts on whether Epstein took his own life, through the lens of the suicide and mental health epidemic in jails and prisons;
• The non-prosecution plea agreement that Ghislaine Maxwell says requires dismissal of all her charges;
• What this really shows is the importance of well drafted plea agreements;
• Statistical analysis of the "trial penalty";
• Fighting the dreaded appeal waiver in plea agreements;
• Pleading "straight up" when the government is offering you a terrible plea agreement.

Stay tuned for PART II!

An independent judiciary is the cornerstone of a healthy democracy.

But judges are under attack.

Therefore, we must stand the post and protect judges from intimidation, unlawful prosecution, incredulous calls to impeach, or worse.

And, when it comes to federal criminal sentencing, judicial independence is also crucial to the fair administration of justice.

But judicial independence has been undermined for decades by adherence to the stringent, dehumanizing, US sentencing guidelines. Since 2005, these guidelines have been discretionary, yet many judges and lawyers continue to use them rigidly, leading to undesirable outcomes for clients.

Therefore, attorneys need to be more creative and comprehensive in their sentencing approach, and help the judges understand that the guidelines are not a useful tool to determine a human being's ultimate fate.

This discussion features Nancy Gertner, former US District Court Judge and current Harvard Law Professor, who provides valuable insights on these topics.

The first half of our discussion addresses the actions of the Trump administration and its efforts to influence the judiciary.

For those interested solely in sentencing advocacy without political context, please proceed to the second half of the podcast, approximately at the 38:00 mark, for a master-class in sentencing advocacy from a former federal judge. This segment offers essential information for every defense lawyer and client facing sentencing.

#JudicialIndependence, #SentencingJustice, or #DignityOverData

IN THIS EPISODE:

• Milwaukee Judge Hannah Dugan's arrest and prosecution for allegedly obstructing ICE;
• Assessing the merits of the charge against Judge Dugan;
• How ICE's conduct presents its own form of obstruction of justice because it denies people their day in court and increases the chances of bringing harm and violence to innocents;
• The adminstration's effort to target judges for arrest, impeachment, or worse;
• Whether the administration can defy a judge's orders without consequence;
• A word on the plight of Kilmar Abrego-Garcia;
• The new pardon paradigm and how it may impact sentencing;
• Judge Gertner's incredible sentencing advocacy advice, which includes the power of narrative, her take on sentencing mitigation films, irrational adherence to guidelines, lackluster attorney performance, the importance of allocution, telling the story of prison, and more!
• Judge Gertner's take on using A/I in court (in the context of an A/I generated video of the deceased victim giving his sentencing statement from beyond the grave);
• The legacy of Justice Souter, who passed away the morning we recorded this podcast.

Commentary: A former judge's call to eliminate mandatory-minimum sentencing laws

150 Former Judges Tell Pam Bondi They're Not 'Deranged'

AI used to make video of deceased victim deliver impact statement in court : NPR

The Trump administration stated that Kilmar Abrego-Garcia would never return to US soil. But they just back-tracked and brought him back. Unfortunately he now faces federal prosecution under a new indictment for conspiracy and alien smuggling. The bigger problem is the govt. has gone to great lengths to wage an extra-judicial smear campaign against him, with a variety of other horrendous allegations. It remains to be seen whether this indictment represents a genuine pursuit of justice or is influenced by political motives.

IN THIS EPISODE:

• The many red flags in the Indictment and Bail Motion;
• Whether there is substance, on the face of the pleadings to these allegations;
• The average process and sentences for cases of this kind (alien smuggling);
• The worst case sentencing scenario if convicted;
• The resignation of the criminal chief of the Middle District of Tennesse in the wake of this indictment and what that means;
• What a bail hearing can, and likely should, look like.

In understanding the current administration's draconian deportation policies, nothing makes sense except in the light of white supremacy.

The underlying animating force of these policies, openly stated by Tom Homan during a white house press conference, is "the great replacement theory". Propagated by white nationalist, white supremacist fascists, operating in and out of government, it's a lie that has resulted in depraved acts of racist and antisemitic violence (See Southern Poverty Law Center link below).

Sadly, the DHS, ICE, and other federal agencies have become something resembling the American gestapo, attempting to reduce the number of non-whites in this country, to retain power in perpetuity.

In furtherance of these policies, they are arresting judges, conducting warrantless searches of homes and businesses, and even raiding US congressional offices and detaining staffers, again without warrants. They are threatening prison for even speaking out against these actions.

In Part 2 of our collaboration with the Truth Be Found Podcast, we talk about the terrifying erosion of our civil rights and the racist rhetoric underpinning the worst actions of our government.

IN THIS EPISODE:

• Justin Yentes describes the prison where Mr. Abrego-Garcia is held;
• The history of El Salvador President Nayib Bukele's total erosion of Due Process in his own country;
• The real risk of harm and even death Mr. Abrego-Garcia faces in this facility;
• Expert consultant, former gang member describes the BOP's approach to "gang management";
• Practical tips for defense lawyers dealing with gang designation in a Pre-Sentence report;
• Tom Homan espouses racist, white-nationalist, "great replacement theory" to justify his draconian immigration policies.

LINKS:

Check out the incredible Truth be Found Podcast wtih Justin Yentes!

Southern Poverty Law Center: The Racist 'Great Replacement' Conspiracy Theory Explained