For the Defense with David Oscar Markus

David Oscar Markus sits down with CNN legal analyst and former federal prosecutor Elie Honig to talk about the intersection of law, media, and justice — and his new book, When You Come At The King.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.

For the Defense returns as David Oscar Markus sits down with Harvey Weinstein’s lawyer, Arthur Aidala, for a fascinating look at how the defense strategy evolved from Weinstein’s first trial to his retrial.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.

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.

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. 

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 Defense.

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 discuss this incredible against all odds story.

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 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.

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 presided over the case.

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 clerks. We also discuss some of his recent criminal law opinions. 

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 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, 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 Trump.

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 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. 

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 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. 

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. 

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 case before an antagonistic judge.

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 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 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. 

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.

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 complicated white collar case. 

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 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.