Elie Honig, CNN senior legal analyst, bestselling author, and former federal prosecutor, joins David Oscar Markus for a wide-ranging conversation about how the media shapes public understanding of criminal justice. From his time prosecuting mob cases in the SDNY to becoming one of TV’s most trusted voices on legal issues, Honig shares what he’s learned about storytelling in the courtroom — and in front of the camera.

They cover everything from the rise of “celebrity prosecutors,” to whether cameras belong in the courtroom, to how defense lawyers should respond to DOJ press releases and media narratives. Plus, Honig talks about the writing of his latest book, including the behind-the-scenes research that uncovered some of the wildest stories from the Justice Department’s history.

Arthur Aidala, one of the most charismatic and colorful defense lawyers in the country, joins David Oscar Markus to break down the retrial of Harvey Weinstein. From cross-examining a complaining witness about faking an orgasm to weaving a story about glass in his mother’s pasta sauce, Aidala brings his signature flair to the courtroom—and to this conversation. Don’t miss this lively and insightful discussion about trial strategy, media pressure, and how the defense team turned the tables in one of the most high-profile cases of the decade.

Michael Avenatti was a modern day Icarus. He had everything going for him, so what happened? Howard & Scott Srebnick represented him in the infamous Nike prosecution in which Avenatti is accused of extorting Nike. Listen in as David Markus interviews the brothers about the fascinating case of Michael Avenatti.

Alberto Gonzales and David Oscar Markus discuss the job of a prosecutor, whether prosecutors should be appointed or elected, whether governors should be permitted to fire prosecutors and other pressing ethical questions of the day. 

Independent counsel, impeachment hearings, infidelity. No, we aren’t talking about Donald Trump. Instead, we head back to the late 90s to discuss David Kendall’s incredible representation of President Bill Clinton. The high stakes showdown between Kendall and independent counsel Ken Starr was must-see TV, and we get into the fascinating stories from that era in this episode of For the Defense.

Mike Lynch was dubbed the British Bill Gates. Then his world came crashing down as he was charged in federal court with fraud for what the feds described as a massive scheme to trick HP into buying Autonomy for more than it was worth. Lynch turned to Chris Morvillo, Brian Heberlig, and Reid Weingarten. Join David and Chris as they discuss this incredible against all odds story.

The podcast is lucky to host Phil Hubbart this week, a living legend in the 3-0-5. He revamped the public defender’s office and was an appellate judge. He recently wrote a book about one of the most riveting cases in Florida history, State v. Freddie Pitts and Wilbert Lee, two Black men who were wrongfully charged and convicted of the murder of two gas station attendants in Port St. Joe, Florida in 1963. Listen to Hubbart discuss how he got involved in the case and worked for over 10 years to get them exonerated.

How do you explain complicated FX trading to a jury? How do you try a case on the other side of the United States, far from home? How do you try a case with a large team? Join David Oscar Markus as he interviews his friend and amazing lawyer Sean Hecker about the fascinating case of Robert Bogucki, which was also discussed when David previously interviewed Judge Charles Breyer who presided over the case.

Judge Brasher joined the 11th Circuit Court of Appeals when he was 39 years old. Having clerked for Judge William Pryor and worked as the Alabama Solicitor General, he is part of the well-known Judge Pryor “judging tree,” along with Judge Kevin Newsom and others. He discusses how he navigates being on the same court with his mentor and former boss, his philosophy on legal writing, and how he hires his law clerks. We also discuss some of his recent criminal law opinions.

As criminal defense lawyers know, cross examining witnesses is one of the hardest things to do. There's a lot to be learned from journalists who do it live on the air with difficult politicians. And Kaitlan Collins is one of the best at doing it, facing off on a nightly basis with skilled speakers who have an agenda. In this episode, David and Kaitlan discuss how she prepares for her these interviews as well as lots of other interesting topics -- from cameras in the courtroom to how she got her start and so on. This podcast episode is a recording from David’s White Collar Law class at the University of Miami School of Law. 

Todd Blanche, the first guest to appear twice on For the Defense with David Oscar Markus, discusses everything from the war room to Melania Trump not appearing at trial to getting into it with Michael Cohen and everything in between in this in-depth and free flowing interview about the trial of the century involving the former President of the United States, Donald Trump.

This bonus episode of For the Defense with the affable Judge Kevin Newsom and David Oscar Markus (they were law school classmates) continues to explore what it's like to be a federal judge and what makes these judges tick. As you'll hear, Judge Newsom is super smart, approachable, and down to earth. We will also discuss why he concurs with his own opinions, what he believes the role of judging is, how he got his start, and lots more. 

Almost all appellate judges served as lower court judges and bring that experience with them to the appellate bench. But Judge Nancy Abudu’s path was quite different. In this bonus episode of For the Defense, Judge Abudu discusses her unique path, as well as why that professional and personal diversity is so important to the bench. You’ll also hear how down-to-earth and humble she is, how she spends her free time, a little about her first few opinions on the court, and more. 

Tom Barrack, a close friend and advisor to Donald Trump, was charged with being a foreign agent for the UAE. The so-called FARA violation is the new hot charge by DOJ. Enter Michael Schachter and Randall Jackson who tried the case and discuss their trial strategy with David Oscar Markus. 

Mayor Gillum was a hairbreadth away from being Florida’s Governor. Had the FBI not started and leaked an unjustified investigation, he would have won. But once they did so, they kept the target on Gillum’s back, eventually charging him with 19 counts in federal court in Tallahassee. Enter Margot Moss and David Markus. They discuss how they prepared and tried the case before an antagonistic judge.

Craig Albee is the federal defender in Wisconsin. And he's tried lots of cases. But nothing like this one, which has led to books, movies, and of course, podcasts. Known as the "letter from the grave" case, Julie Jensen wrote a letter shortly before her death saying that if she turned up dead, her husband "would be my first suspect." Albee and the defense said that this was just a set up and that she actually committed suicide. Check out the wild twists and turns of these multiple murder trials as David Oscar Markus explores the strategies with Albee for defending a man accused of murder.

Barry Scheck, a titan of the criminal defense bar, sits down with David Oscar Markus to discuss high profile cases, exonerating the innocent, and the practice of law. He's one of the best and it shows. 

John Lauro is former President Trump's lawyer in the January 6 case in Washington D.C. In this interview with David Oscar Markus, he goes in depth on how he got involved in the case, his defense strategy, his media strategy, why he would represent Hunter Biden if asked, and lots of other interesting topics.

The U.S. had enough with wealthy tax cheats hiding their money in Swiss bank accounts. So it decided to go after the foreign bankers to send a message, including Raoul Weil, one of the top executives at UBS. Enter Matt Menchel, who defended Weil in federal court. Matt sits down with David Markus in this fun episode to discuss the ins and outs of winning a complicated white collar case. 

Progressive prosecutors have been pretty controversial around the country. The recently elected district attorney in New Orleans was no exception as he was indicted in federal court on 10 counts of tax fraud. Even prosecutors need criminal defense lawyers, and this one turned to one of the greats in Lisa Wayne. Listen to her and David Oscar Markus discuss how race, politics, and the media all played into this high profile case – Lisa’s last before taking the reigns of NACDL.

Jerry Lefcourt had recently been fired as a legal aid lawyer in the late 1960s when he got a call from Abbie Hoffman. They spoke all night at Hoffman’s apartment. Hoffman told him “I'll start a revolution; you keep me out of jail.” And Jerry did just that. Take a listen to this fascinating discussion about Jerry’s start to an awe-inspiring career. You'll hear about his battles with the judge, including getting sent to jail. Jerry is a wonderful storyteller and he and David have a lot of fun talking about this historic case.

Todd Blanche was a prosecutor in the Southern District of New York, prosecuting violent criminals in federal court. He then left for the oldest law firm in New York – Cadwalader. There, he quickly developed a reputation for being able to handle hot button cases, like Paul Manafort’s and Igor Fruman’s. Now, on his own, he is representing the former President of the United States. Although he is very reluctant to speak with any press, he sat down with David Oscar Markus for an hour in this entertaining back and forth to discuss the difficulties in representing a defendant in a politically charged case.

Too dumb to do the drug deal? That defense could never work, right? Wrong -- if your lawyer is Milton Hirsch, who beat the odds and won a federal criminal drug trial with the most unique of defenses. David Oscar Markus sits down with his former law partner to discuss the curveballs of this case that led to Guerrero walking. 

One note — the audio on this episode isn’t great and we apologize. Other episodes don’t have this issue.

The college admissions process gives all applicants – and their parents! – stress. The U.S. Attorney’s office in Boston charged over 50 defendants in the biggest college scandal of our time, which they dubbed Varsity Blues. Only a handful had the guts to go to trial, including the fencing coach at Harvard, who turned to Douglas Brooks to help him. In this bonus episode, David Oscar Markus speaks with Doug, his old college and law school buddy, about the incredible trial tactics that led to this amazing acquittal.  

In the 90's, Ken Starr was pursuing Bill Clinton. And anyone who got in Starr's way became a target. This included Susan McDougal, who refused to testify against Clinton because she believed that Starr was pressuring her to lie. Enter Mark Geragos, who was thrust onto the national stage with back to back trials involving McDougal -- one in state court in Santa Monica and one in federal court in Little Rock, Arkansas. The California case involved allegations of embezzlement from a famous conductor and his wife. But many believed that Starr was using this case as pressure to get McDougal to fold in the federal case. He miscalculated both McDougal and Geragos, who proceeded to trial in both cases, and won. Enjoy the discussion between two real trial lawyers -- Geragos and host David Oscar Markus -- who discuss the enormous risks clients face when taking on the government and their strategic decisions along the way.

Bruce Rogow discusses the 2 Live Crew case, an only in South Florida story in which a rap band was prosecuted because of its dirty lyrics.  Rogow and David Oscar Markus get into the backstory of the case, how it put 2 Live Crew on the map, and how Rogow ultimately defended 2 Live Crew in the Supreme Court on another matter. Cardi B and other megastars have recently thanked 2 Live Crew for paving the way on the First Amendment's protection of their songs.

In this mini-season, David will speak to three judges, including Breyer, the younger (and much cooler!) brother of Supreme Court Justice Stephen Breyer, and two 11th Circuit Court of Appeals judges -- Robin Rosenbaum and William Pryor. These follow up on the well-received bonus episode with SDNY Judge Jed Rakoff.

Also featured in this episode is original music by Omondi Nyong’o, A Call to Arms. His music can be found at www.omotionmusic.com. 

Finally, if you are a Florida lawyer and have listened to all of Season 2, there is a CLE course code at the end of the episode. Thanks for listening to Season 2. 

In this episode, he discusses the O.J. Simpson case, which went to trial while host David Oscar Markus was in his criminal law class at Harvard Law School. Dershowitz discusses what went wrong for the prosecution and the fascinating question of what should a jury do when it believes that the police framed someone they believe to be guilty.

Bailey took on Sheppard’s case after he had been convicted at his first trial and most had lost hope for him despite his repeated claims of innocence. Bailey did not lose hope and took the case all the way to the Supreme Court and then to a new trial, where he became known as the best cross-examiner of a generation.

Smith tried the case before a Broward County (FL) judge who appeared to be looking forward to sending Smith's client to "Old Sparky," the electric chair in Florida used to inflict the ultimate punishment. Smith fought two trials and an appeal all the way to the Florida Supreme Court as the only barrier between his client and electrocution.

In this episode of For the Defense, David Oscar Markus, who later represented the head of the Cali Cartel (Gilberto Rodriguez-Orejuela) interviews Martin Weinberg, one of the deans of the criminal defense bar, on what it was like to represent a criminal defense lawyer (Moran) who had extremely strong views on how the case should be tried.  

The King of Pop needed the absolute best trial lawyer he could find as the stakes couldn't have been higher. Stars lined the audience and the witness stand in a trial with wall-to-wall coverage. The question to be answered at trial: Was Neverland Ranch the site of childhood fantasy or unthinkable nightmares? 

Everyone had an opinion on how Jackson and his lawyer should defend the case. Tom Mesereau had to put aside the noise and trust what got him there -- his trial lawyer instincts. From picking the jury to cross examining the complaining witnesses to deciding whether to call Michael Jackson himself to the stand, Mesereau made the right decision each and every time despite enormous criticism along the way. 

Further reading: Roy wrote a chapter in his book about the Luis Alvarez case: http://www.royblack.com/files/Alvarez.pdf