The Season 6 finale is a doozy – featuring Howard & Scott Srebnick, who discuss the high profile trial of Michael Avenatti with David Oscar Markus. 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.
Sep 24, 2024•1 hr 6 min•Season 6Ep. 9
A first for the podcast -- the former Attorney General, Alberto Gonzales, joins David Oscar Markus to discuss prosecutorial independence. 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.
Sep 10, 2024•36 min•Season 6Ep. 8
David Kendall sits down with David Oscar Markus to discuss the impeachment trial of President Bill Clinton. 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 Defe...
Aug 27, 2024•1 hr 11 min•Season 6Ep. 7
Chris Morvillo of Clifford Chance sits down with David Oscar Markus to discuss the long and amazing saga of his representation of Mike Lynch, the CEO of Autonomy. 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 disc...
Aug 13, 2024•1 hr 7 min•Season 6Ep. 6
Florida International University School of Law hosted Phil Hubbart and David Oscar Markus for a discussion about Hubbart’s book, From Death Row to Freedom: The Struggle for Racial Justice in the Pitts-Lee Case . 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 ...
Jul 30, 2024•1 hr 13 min•Season 6Ep. 5
Sean Hecker, of Hecker Fink, joins David Oscar Markus to discuss the trial of Barclays trader Robert Bogucki. 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 presid...
Jul 16, 2024•1 hr•Season 6Ep. 4
Judge Andrew Brasher joins David Oscar Markus to discuss all things Eleventh Circuit. 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 clerk...
Jul 02, 2024•54 min•Season 6Ep. 3
CNN’s Kaitlan Collins joins David Oscar Markus and his University of Miami class to discuss everything from covering high profile trials to how to examine a difficult witness. 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 th...
Jun 18, 2024•1 hr 2 min•Season 6Ep. 2
Todd Blanche, counsel to former President Donald Trump, joins David Oscar Markus to discuss the New York trial of People v. Trump. 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 T...
Jun 03, 2024•58 min•Season 6Ep. 1
In this bonus episode, Judge Kevin Newsom joins David Oscar Markus for an open and wide-ranging discussion about being a judge on the 11th Circuit, legal writing, and even a recent health scare. 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 w...
Apr 30, 2024•1 hr 6 min•Season 5Ep. 12
In this bonus episode, Judge Nancy G. Abudu – the newest judge on the Eleventh Circuit Court of Appeals – joins David Oscar Markus for an open discussion about her career, the confirmation process, and the Court itself. 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...
Feb 20, 2024•43 min•Season 5Ep. 11
In this bonus episode, Michael Schachter and Randall Jackson sit down with David Markus to discuss their amazing acquittal of Tom Barrack in federal court in New York. 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.
Dec 05, 2023•1 hr 5 min•Season 5Ep. 10
In the Season 5 finale, partners Margot Moss and David Oscar Markus discuss their successful representation of Mayor Andrew Gillum. 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 cas...
Sep 12, 2023•1 hr 9 min•Season 5Ep. 9
Was it suicide or was it murder? Craig Albee sits down with David Oscar Markus to discuss whether Mark Jensen murdered his wife with antifreeze or whether she committed suicide. 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 fi...
Aug 29, 2023•53 min•Season 5Ep. 8
Barry Scheck put DNA evidence on the map during the O.J. Simpson trial and now runs the amazing Innocence Project. 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.
Aug 15, 2023•53 min•Season 5Ep. 7
John Lauro is not sitting back in his defense of Donald Trump. Listen to him discuss his defense strategy with David Oscar Markus on this special episode of For the Defense. 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.
Aug 06, 2023•47 min•Season 5Ep. 6
David Oscar Markus interviews Matthew Menchel, one of the best trial lawyers in the country, on his acquittal for UBS banker Raoul Weil. 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 compl...
Aug 01, 2023•1 hr 10 min•Season 5Ep. 5
David Oscar Markus interviews Lisa Wayne, the executive director of the National Association of Criminal Defense Lawyers, on her most recent trial win, for New Orleans district attorney Jason Williams. 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 ...
Jul 18, 2023•51 min•Season 5Ep. 4
David Oscar Markus interviews legendary Jerry Lefcourt about one of the most important trials in American history, the Chicago 8 case. 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 abo...
Jul 04, 2023•41 min•Season 5Ep. 3
David Oscar Markus sits down with former President Trump’s lawyer, Todd Blanche, who has not yet spoken in detail with the media. 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 Uni...
Jun 27, 2023•52 min•Season 5Ep. 2
Season 5 starts off with a grand slam – Milton Hirsch, one of the country’s finest trial lawyers, current judge, and David Oscar Markus’ former partner, represented World Series MVP Pedro Guerrero in his federal trial in Miami. 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 ...
Jun 20, 2023•58 min•Season 5Ep. 1
Well-known Boston lawyer Douglas Brooks sits down with David Oscar Markus to discuss the Harvard Fencing Coach case, an off-shoot of the Varsity Blues prosecution. 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...
Feb 28, 2023•1 hr 23 min•Season 4Ep. 10
DOJ’s antitrust division has gotten crazy aggressive in recent months, bringing criminal cases with new theories never tested before in federal court. These new cases haven’t done well, however. In a recent case alleging that 10 defendants agreed to fix prices for chicken, all defendants proceeded to trial. The jury hung as to all the defendants. In trial number 2, yet again the jury hung. Should the government get a third chance? The head of the antitrust division says yes because he is not par...
May 31, 2022•57 min•Season 4Ep. 9
The 1980s was the wild west of drug trials. And there was no bigger cocaine cowboy than Carlos Lehder, who co-founded the Medellin Cartel. Lehder turned to Edward Shohat to represent him in a 7-month trial in which the prosecutor, nicknamed Mad Dog, called 29 snitches. In this episode, the finale of Season 4, David Oscar Markus takes Ed through the sprawling trial and the crazy turn of events after the trial ends.
Mar 29, 2022•55 min•Season 4Ep. 8
John Gleeson has done it all. He’s been a federal prosecutor. A federal judge. And now he’s a criminal defense lawyer. Having seen the injustices in the criminal justice system, Gleeson started the Holloway project in which he and a team of lawyers are trying to free defendants who have been crushed by the system and minimum mandatory sentences. In fact, Holloway himself was a defendant that Gleeson sentenced when he was a judge. Gleeson and David Oscar Markus discuss this project, prosecuting J...
Mar 15, 2022•1 hr 23 min•Season 4Ep. 7
There's prosecutorial misconduct and then there's what happened in the case of Ali Sadr in the Southern District of New York. Sadr's lawyer, Brian Heberlig, sits down with David Oscar Markus at his White Collar Law seminar at the University of Miami School of Law to discuss the absolutely insane misconduct committed by federal prosecutors in this trial and what -- if anything -- can be done about it.
Mar 01, 2022•1 hr 22 min•Season 4Ep. 6
Dr. Jack Kevorkian, also known as Dr. Death, was the center of debate at every dinner table – should a doctor be permitted to assist a patient in committing suicide if that’s what the patient wanted because of excruciating pain and a terminal illness. Prosecutors in Michigan said no and went after Dr. Kevorkian, who turned to Geoffrey Fieger to represent him. Fieger sits down with David Oscar Markus to discuss the fascinating criminal cases and the moral implications of Kevorkian’s actions....
Feb 15, 2022•43 min•Season 4Ep. 5
Back in the 1970s, prosecutors started to go after what they deemed to be “obscene.” They went absolutely crazy when the movie Deep Throat was released. So they decided to arrest the projectionist, Richard Dexter, to send a message. Gerry Goldstein was a young firebrand lawyer who took on the case to trial and even all the way to the Supreme Court. Listen to him discuss all the twists and turns of the defense with host David Oscar Markus.
Feb 01, 2022•38 min•Season 4Ep. 4
Everyone knows of DeLorean cars, which were made famous in Back to the Future. What folks may not know is that the car's namesake -- John DeLorean -- was charged in two different federal cases in the 1980s. In one case in Detroit, he was charged with racketeering and embezzlement. Enter Juanita Brooks, who was one of the few women criminal defense lawyers to have her own practice at the time. Juanita is now known as the "jury whisperer" for her ability to convince jurors even in the most difficu...
Jan 18, 2022•1 hr 1 min•Season 4Ep. 3
Mark Geragos, trial lawyer and fellow podcaster, discusses the Susan McDougal trials with host David Oscar Markus. 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 fede...
Jan 04, 2022•43 min•Season 4Ep. 2
