Trial Tested - podcast cover

Trial Tested

American College of Trial Lawyersactl.podbean.com
Trial Tested: A Podcast by the American College of Trial Lawyers presents enlightening discussions about life and law through interviews with prominent trial lawyers and significant figures in the world of trial law. From lead counsel in historic cases to justices of the court, you will hear from the people who have made an impact in the courtroom – and in life. Hosted by Fellows of the College, Trial Tested aims to inspire trial attorneys to maintain and improve the standards of trial practice, professionalism, ethics and the administration of justice.

Episodes

In Baseball or the Courtroom, the Facts are the Facts, but Preparation is Key: President’s Day Episode with Bill Murphy

In this special President’s Day episode, host Amy Gunn interviews Immediate Past President of the College Bill Murphy, whose career embodies principled advocacy. Bill recounts his first trial victory – a murder acquittal – his work alongside Edward Bennett Williams, and his high-profile defense of prominent DC attorney Gregory Craig as well as a Yemeni physician detained in Guantanamo Bay, underscoring the emotional and professional stakes of litigation. He also reflects on his leadership role i...

Feb 17, 20251 hr 1 minEp. 24

S10E6: The Holloway Project: Judge John Gleeson on Fair Sentencing and Second Chances

As a young prosecutor, John Gleeson was part of a two-lawyer team that prosecuted mob boss John Gotti. That seven-month trial resulted in 1987 in an acquittal, and one of the jurors was later convicted for taking a bribe from John Gotti’s underboss. Five years later Gleeson was the lead prosecutor in the successful prosecution of Gotti, who was convicted of five murders and numerous other crimes and sentenced to life in prison. Gleeson then took the bench, where he witnessed firsthand the impact...

Nov 21, 202451 minEp. 23

S10E5: The Art of Supreme Court Advocacy with Carter Phillips

Carter Phillips, one of the most prolific U.S. Supreme Court advocates of our time, joins host Terri Mascherin to share insights into arguing before the nation’s highest court. With 90 cases argued, Phillips discusses the impact of oral arguments versus briefs on case outcomes, the art of anticipating questions, and shifts in courtroom dynamics over the past four decades. Phillips also emphasizes the importance of rigorous writing and practical experience for those pursuing a path in appellate a...

Nov 14, 20241 hr 4 minEp. 22

S10E4: Fear and Injustice: Legal Reflections on Japanese American Internment with Chuck Rosenberg

Join host Amy Gunn as she interviews Former U.S. Attorney and Acting Administrator of the DEA Chuck Rosenberg. As they delve into his study of Japanese American internment during WWII, Rosenberg discusses Executive Order 9066, ignored intelligence reports revealing no espionage threat, and landmark cases such as Hirabayashi, Korematsu, and Endo. He reveals how suppression of evidence led to devastating rulings justifying internment, even as Japanese American soldiers fought abroad while their fa...

Nov 07, 202446 minEp. 21

S10E3: Election Law with Kevin Hamilton: Recounts, Contests, and the Courts' Crucial Role

In this episode, host Dave Thomas and attorney Kevin Hamilton discuss the evolving legal landscape of elections. Hamilton clarifies the distinction between a recount and an election contest, while also addressing the litigation strategies and challenges seen in recent election cycles. The timely conversation delves into complex issues such as redistricting, voter rights and suppression efforts, and restrictions on absentee ballots – especially in marginalized communities. The conversation emphas...

Oct 31, 202451 minEp. 20

S10E2: Win or Lose, Integrity Matters: In the Courtroom with Bob Byman

Chicago attorney Bob Byman joins host Terri Mascherin to reflect on a career of high-profile, complex litigation cases and a Supreme Court argument that reversed a Ruth Bader Ginsberg decision – all delivered with a sharp wit and keen insights. He discusses the importance of resilience in facing challenges, emphasizing a career rooted in both civic duty and professional achievement. Byman also shares the personal significance of his pro bono work and why “nothing” is the best fee he ever earned....

Oct 24, 202458 minEp. 19

S10E1: Equality and Justice: A Conversation with The Hon. Rosalie Abella

Retired Canadian Supreme Court Justice Rosalie Abella joins host Renee Rothauge to discuss her life and legacy in human rights and equality law. As the first Jewish woman appointed to the Supreme Court of Canada, Justice Abella has championed the rights of marginalized communities throughout her career. Her groundbreaking work includes shaping the concept of equality through landmark decisions and dissents on family law, employment equity and religious freedoms. Beyond her legal contributions, J...

Oct 17, 20241 hr 1 minEp. 18

S9E7: The Sutherland Springs Church Shooting, Part Two: Digging Deep, Narrowing Complexity, and Effecting Change with Jamal Alsaffar

In part two of this interview, Jamal Alsaffar discusses the challenges and trial strategies involved in the Sutherland Springs Church Shooting case with host Amy Gunn. Alsaffar highlights the importance of empathy, sharing how he creatively used the courtroom's layout to help the judge and others grasp the trauma experienced by the victims. He recounts the discovery of crucial evidence, including handwritten notes revealing the shooter's extensive history of violent crimes and failed attempts to...

Aug 22, 202458 minEp. 17

S9E6: The Sutherland Springs Church Shooting, Part One: Trust, Accountability, and Seeing the Bigger Picture with Jamal Alsaffar

In part one of this interview, trial attorney Jamal Alsaffar discusses his involvement in the Sutherland Springs Church Shooting case with host Amy Gunn. Pursuing the case under the Federal Tort Claims Act (FTCA), Alsaffar revealed a systemic failure by the Air Force and other military branches to report criminal records to the FBI’s background check system, which enabled the Sutherland Springs shooter to legally purchase firearms. Alsaffar highlights the importance of honesty with clients while...

Aug 15, 202448 minEp. 16

S9E5: Cybersecurity, Civics and Civil Discourse: Defending Democracy with Suzanne Spaulding

An attorney by education, Suzanne Spaulding has spent most of her career in public service, providing her expertise on cybersecurity and infrastructure to the United States Department of Homeland Security, the CIA, the Cybersecurity and Infrastructure Security Agency, and more. Spaulding joins host Vince Citro for an in-depth discussion about democracy, the strategic advantages of transparency, and how misinformation and a lack of civics education has contributed to the erosion of civil discours...

Aug 08, 202451 minEp. 15

S9E4: Stay the Course: Wisdom and Counsel from Criminal Defense Attorney Dick DeGuerin

Criminal defense attorney Dick DeGuerin has defended members of Congress, judges, cult leaders and everyone in between. In this episode, DeGuerin joins host Vince Citro and reveals how he came to represent David Koresh and what transpired in Waco, Texas that fateful April of 1993. He also discusses how he avoided becoming labeled a “cult lawyer” through his high-profile representation of public figures such as U.S. House Majority Leader Tom DeLay and U.S. Senator Kay Bailey Hutchison. Listen in ...

Aug 01, 202452 minEp. 14

S9E3: Deepfakes and Hallucinations: AI, Evidence, and the Law with Professor Maura R. Grossman

Join host Terri Mascherin as she discusses generative artificial intelligence and its impact on trial law with Professor Maura R. Grossman, an expert in the field. Using recent examples, Professor Grossman explains why this rapidly evolving technology can’t be ignored, how to understand its usefulness and how to prevent misuse and “deepfake defense” In the courtroom.

Jul 25, 202446 minEp. 13

S9E2: Susan Harriman on Speaking Up and Having Fun, Inside the Courtroom and Out

Join host Amy Gunn as she talks with ACTL Past President Susan Harriman about family, career, and her involvement with the College. Harriman recounts how a chance conversation with a stranger on a train led her to apply to law school after her service as a Peace Corps volunteer. She discusses her role in helping grow a firm from 10 to more than 120 attorneys, addressing the unique decisions and challenges facing women attorneys. Harriman shares her love of teaching while reflecting on her experi...

Jul 18, 20241 hrEp. 12

S9E1: Learning by Doing: From AUSA to the West Wing with Secretary Jeh Johnson

From discovering his motivation as a student at Morehouse College to walking the halls of the West Wing, former Secretary of Homeland Security Jeh Johnson joins host Dave Thomas to recount his accomplished career. Secretary Johnson shares his experiences in public service, highlighting high-profile matters such as the repeal of the military policy “Don’t Ask, Don’t Tell,” while emphasizing the complexities and challenges of balancing civil liberties with security measures. You’ll hear how his ex...

Jul 11, 202454 minEp. 11

Special Juneteenth Episode: “Slavery by Another Name” with Professor Douglas Blackmon

In this special Juneteenth episode, Professor Douglas Blackmon joins host Dave Thomas to delve into what drove Blackmon to write his Pulitzer Prize-winning book, "Slavery by Another Name," which details the manipulation of the criminal justice system to terrorize and inflict forced labor onto African American men in the South after the Civil War. Blackmon discusses how World War II catalyzed the dismantling of such practices while acknowledging the ongoing issue of mass incarceration and current...

Jun 19, 202452 minEp. 10

The Importance of Humor, Civility and Staying Focused on the Legal Issues with Jeff Leon

Past President of the College Jeff Leon joins host Dave Thomas to discuss his career as a leading Canadian litigator. He reflects on his role as co-lead counsel to the Public Order Emergency Commission following the Freedom Convoy protests, highlighting the challenges and importance of addressing issues regarding freedom of expression. Reflecting on notable cases, such as the sale of the Toronto Maple Leafs hockey team, Leon stresses the significance of focusing on the legal issues at hand, ment...

Apr 18, 202446 minSeason 8Ep. 6

“Because You’re a Girl” – Jill Wine-Banks on Sexism and Serving as the Youngest Watergate Prosecutor

In this episode of Trial Tested, former Watergate prosecutor Jill Wine-Banks recounts her early career and the challenges she faced as a female lawyer, first in the Department of Justice's organized crime division and then as the youngest Watergate prosecutor. Wine-Banks joins host Terri Mascherin to discuss the obstacles faced by the Watergate prosecution team, including the infamous "Saturday Night Massacre" and the discovery of an 18-and-a-half-minute gap in the Watergate tapes. She discusses...

Apr 11, 202458 minSeason 8Ep. 5

Paul Meyer on Empathy, Dignity and Defending High-Profile Clients

Go to criminal defense attorney Paul Meyer of Orange County, California reflects on his career with host Dave Thomas. Meyer emphasizes the importance of preparation and empathy. He shares his criminal defense experiences with high profile clients such as Dennis Rodman, Merrill Lynch, national sports figures, elected officials, and the Saudi Arabian Royal Family, as well as his years defending judges in misconduct allegation cases. Meyer’s insight about managing both personalities and complex leg...

Apr 04, 202457 minSeason 8Ep. 4

Criminal Defense Attorney David Oscar Markus on Trial Strategy and Putting Passion into Practice

In this episode, host Vince Citro interviews David Oscar Markus, criminal defense attorney and host of his own podcast, For the Defense. Markus emphasizes the importance of loving what you do while discussing themes and trial strategy. He reflects on the significance of client testimony and the unpredictability of trial outcomes. Through his experiences, he underscores the evolving nature of trial strategy and the importance of adaptability in pursuing one's passion for trial advocacy....

Mar 28, 202457 minSeason 8Ep. 3

Verdicts and Values: Exploring Intellectual Property Litigation with William Lee

Join host Renee Rothauge as she discusses the intricate world of intellectual property and patent case litigation with Attorney William Lee. From the Iran-Contra Affair to the “smartphone wars” to navigating losses like the recent Supreme Court affirmative action case, Lee shares his insights and lessons learned from trying more than 200 cases to verdict. He also delves into personal encounters with discrimination and pride in his Chinese heritage. As an inductee into the American Academy of Art...

Mar 21, 20241 hrSeason 8Ep. 2

Bridging Divides: Sharon McMahon on Civics, Democracy, and Civil Discourse in America

Sharon McMahon, renowned as 'America's government teacher' and host of the podcast ‘Here’s Where It Gets Interesting,' joins host Amy Gunn to discuss topics such as nonpartisan civics education, fostering respectful dialogue and the importance of democracy. Originally a high school government teacher, Sharon unexpectedly transitioned to a national platform, driven by a desire to combat political misinformation and promote civil discourse. She stresses the need for empathy and engagement to bridg...

Mar 14, 202459 minSeason 8Ep. 1

“Special Episode: Judge Willie Epps on Persistence, Breaking Barriers, and Seeing Yourself in the Room You’re In”

Honorable Willie J. Epps, Jr., judge in the U.S. District Court, Western District of Missouri, and author of The Jackie Robinsons of the Federal Judiciary: Examining the Appointment of the First Black Federal Judges, joins host Amy Gunn to discuss the history of Black federal judges, mentoring young lawyers, and fair and impartial treatment – irrespective of race – in the courtroom.

Jan 15, 202454 minEp. 9

S7E6: Dissents and Answers: Insights from The Hon. Suzanne Côté, Supreme Court of Canada

The Hon. Suzanne Côté was the first woman to be appointed to the Supreme Court of Canada directly from private practice in 2014. This week, Madam Justice Côté joins host Amy Gunn to discuss her surprising journey from litigator to the Supreme Court, the heathy value of dissenting opinions and the importance of “answering the question.”

Nov 16, 202355 minSeason 7Ep. 6

S7E5: Exploring Reason, Conviction and the U.S. Constitution with Jeffrey Rosen

Jeffrey Rosen, President and CEO of the National Constitution Center (NCC) in Philadelphia, joins host Renee Rothauge for a comprehensive discussion about the US Constitution. They explore topics ranging from civics education to the impact of AI to the importance of fostering civil discourse on constitutional principles, all underscored with Rosen’s dedication to educating people about the Constitution through the NCC’s innovative platforms.

Nov 09, 202359 minSeason 7Ep. 5

S7E4: Exoneration: a 28-Year Journey to Freedom with Lamar Johnson and Innocence Project attorney Charlie Weiss

Late one night in 1994, Marcus Boyd was fatally shot on his front porch, leading to the wrongful conviction of Lamar Johnson. In 2023, Johnson finally walked out of a courtroom a free man after having served nearly 28 years for a crime he didn't commit. In this episode, host Terri Mascherin is joined by Johnson and attorney Charlie Weiss to discuss the importance of Pro Bono work and the extensive investigation that ultimately led to Johnson’s exoneration.

Nov 02, 202324 minEp. 8

S7E3: Empathy, Understanding, and Effective Advocacy: Insights from Judge Jeremy Fogel

From religious discrimination to execution protocol, Judge Jeremy Fogel is no stranger to handling challenging matters in his courtroom. Judge Fogel, recipient of the Samuel E. Gates Litigation Award, joins host Dave Thomas to discuss effective advocacy, emphasizing empathy and mindfulness in the courtroom. By examining the role of culture, language and trauma in shaping individuals’ experiences, Judge Fogel delves into the importance of addressing unconscious biases within the legal profession....

Oct 26, 202358 minSeason 7Ep. 3

S7E2: Integrity in the Courtroom with David Beck

ACTL Past President David Beck emphasizes the importance of humility, hard work, and continual learning in this interview with host Vince Citro. With notable involvement in pivotal cases such as the BP Oil Spill litigation and other matters for Exxon, Beck's extensive career has earned him respect and admiration from clients and legal professionals alike.

Oct 19, 202338 minSeason 7Ep. 2

S7E1: From Courtroom to Courtside: Michele Roberts on Law and the National Basketball Players Association

For Michele Roberts, former Executive Director of the National Basketball Players Association (NBPA), a career in law was sparked when her mother took her to observe local court proceedings as a child. Host Mike Herring delves into her experiences as Chief of the Trial Division at the PDS, her transition to private practice and her pivotal role at the NBPA. Roberts provides valuable insights on managing egos and agendas while maintaining credibility and connection, both in and out of the courtro...

Oct 12, 202349 minSeason 7Ep. 1

S6E6: Brian Gover on Due Process and Equity for All

Brian Gover is known for tackling complex legal issues and leaving an indelible mark on high-profile cases throughout his career. Gover discusses his work in criminal and Aboriginal law, where he has represented both the Crown and individuals seeking justice. In this captivating conversation with host Dave Thomas, Gover emphasizes the importance of due process and treating both the powerful and powerless with equity.

Aug 10, 202345 minSeason 6Ep. 6

S6E5: Escaping the Taliban: How Judges Patricia Whalen and Mona Lynch helped Women Judges in Afghanistan

In 2021, as international peacekeeping forces prepared to withdraw from Afghanistan, about 270 Afghan women serving as judges feared for their lives. A small group of international women judges, led by Patricia Whalen and Mona Lynch, tirelessly coordinated evacuations and sought government assistance to help these women escape. Join host Terri Mascherin for an inspiring conversation with Judges Whalen and Lynch as they share their remarkable story of bravery and perseverance.

Aug 03, 202348 minSeason 6Ep. 5