Trial Tested

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 advocacy.

 

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 families remained detained. Reflecting on this history, Rosenberg emphasizes the ongoing need for vigilance against fear-driven injustice.

 

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 emphasizes the vital role of the judiciary in resolving election-related litigation.

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.

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, Justice Abella also shares how her family history, along with her love of music and literature, helped shape her worldview.

 

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 access military bases after discharge, arguing that the military’s negligence in reporting the shooter’s criminal history contributed to the tragedy. Alsaffar emphasizes the vital role of trial law in effecting change.

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 detailing the significant legal hurdles the case faced, including opposition from the Department of Justice and the gun industry. Through collaboration with other lawyers and contributions to related cases, his efforts led to systemic changes in military reporting procedures, underscoring the critical role of trials in achieving justice and enforcing accountability.

 

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 discourse.

 

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 as DeGuerin shares valuable advice for young attorneys and underscores the importance of giving back.

 

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.