Next Witness...Please

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Next Witness...Please

Ever found yourself lost in legal jargon? Fear not! Our mission is to decode complex legal concepts into everyday language, making them accessible to all. Meet your hosts, the dynamic duo known as the Judicial Twins! Retired judge Tom Hodson brings over 50 years of legal expertise as a trial judge, defense attorney, and former Judicial Fellow at the Supreme Court of the United States. Retired judge Gayle William-Byers, with more than two decades of public service as a prosecutor and judge, is now sharing her knowledge as a Judicial Fellow for The National Judicial College and a legal analyst. Join us as we embark on a quest to demystify the legal system and increase your understanding of its complexities. Tune in to "Next Witness... Please" for enlightening discussions, insightful perspectives, and a deeper understanding of the law. Don't miss out – subscribe now and let's unravel the mysteries of the legal world together!

  1. 10 HR. AGO

    Transgender Rights Under Fire: Legal Battles and Legislative Bans Shape a Divisive National Debate

    Issues affecting transgendered people are hot legal topics in our highest courts and in our state legislatures across the country. The U. S. Supreme Court recently heard oral arguments on a Tennessee law that bans gender affirming care for minors. Half of our states have similar bans. The law prevents minors who claim their genders don’t align with their sex at birth from having access to puberty blockers and other medications needed to transition to the opposite sex. Court observers say that, at oral argument, it was clear that at least five of the six conservatives on the court support the ban. Justices Clarence Thomas, Samuel Alito, Bret Kavanaugh and Amy Coney Barrett along with Chief Justice John Roberts were clearly in support. Justice Neil Gorsuch, who wrote the last court opinion supporting transgender employment right, was silent during the argument. The Courts decision is expected to be issued before the end of June 2025. Meanwhile, states are quite active in limiting transgender rights. Over 530 anti-LGBTQ+ bills have been introduced in State legislatures since the start of 2023. Ohio, for example, just passed a new bathroom bill requiring K-12 public and private schools and all Ohio universities to prohibit non-gendered bathrooms and ban transgender students from using a bathroom that aligns with their sexual identity. Instead, students must use a restroom that coincides with their birth gender. Ohio also is considering a “Don’t Say Gay” bill under the guise of calling it a Parents’ Bill of Rights. It says parents must be notified of and could pull their children from “sexuality” content in classroom settings. The bill also contains a provision mandating that school counselors notify parents of a child’s discussion of sexuality. In short, a student can be outed to his/her parents by a school counselor.

    1 hr

  2. DEC 11

    Hunter Biden’s Blanket Pardon Sparks Controversy: What’s Next for Presidential Clemency?

    The blanket pardon of Hunter Biden by his father President Joseph Biden has sparked widespread controversy and there will be more pardons to come before President Biden leaves office in January. The broad pardoning of his son Hunter Biden for all “offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014, through December 1, 2024” has been criticized by Republicans, Democrats and the judiciary. Many argue that the pardon was too sweeping while supporters claim that the broad language was necessary to keep incoming President Donald Trump from bringing additional charges against Hunter Biden. U.S. District Judge Mark Scarsi, the judge in Hunter Biden’s current criminal case, says that the pardon stands “in tension” with the case record and the president’s action “rewrites history.” Judge Scarsi, however, will dismiss the case because presidential pardons are sanctioned by the U. S. Constitution and have been used by president’s since our country’s founding. In this episode of Next Witness…Please, retired judges Thomas Hodson and Gayle William-Byers unpack the controversy over the Hunter Biden pardon, compare this to past presidential pardons and look ahead at pardons yet to come. They also discuss the possibility of President Biden preemptively pardoning former head of the Joint Chiefs of Staff General Mark Milley, former Congresswoman Liz Cheney, Senator-elect from California Adam Schiff, and former head of the National Institute of Allergy and Infectious Diseases Dr. Anthony Fauci. Our judges break down the legal terms: pardons, commutations, parole and preemptive pardons. Also, they explain the differences between “presidential pardons” and “gubernatorial pardons.”

    1h 4m

  3. DEC 3

    Young Thug's Legal Saga: A Sentence That Defines a Rap Icon's Downfall

    Rapper Young Thug pleaded guilty in Atlanta, in October, to gang, drug, and gun charges a year after his racketeering trial had begun. He pleaded guilty to one gang charge, three drug charges, and two gun charges. He also pleaded no contest to another gang charge and racketeering conspiracy. His story is one of a long a protracted legal proceeding with twists and turns that are material for a novel. He had three different judges. One judge was removed during the trial. There were secret meetings between the judge and a witness. The prosecution’s investigator was accused of sexually harassing a witness. The defense attorney was found in contempt of court and a witness was arrested and held in jail as a “material witness.” Also, the prosecution was using Young Thug’s rap lyrics as evidence against him which brought about First Amendment issues and concerns about artistic expression. Jury selection started in January 2023 and took 10 months to complete. Opening statements began in November 2023 and the trial was in its eleventh month at the time of Young Thug’s plea. Finally, Fulton County Superior Court Judge Paige Reese Whitaker sentenced Young Thug to 40 years in prison but the first five were commuted because he had already served 567 days in jail. She then gave him 15 years of probation which includes a condition that he stay away from the Atlanta Metro area. There are numerous other conditions. If he successfully completes his probation, another 20 years will be commuted from his sentence. If he fails, he goes to prison for 20 years. Next Witness…Please starts a series of episodes about this case by carefully examining Young Thug’s sentence. Other episodes will focus on other various aspects of his trial.

    1h 4m

  4. NOV 26

    Trump's Legal Storms: What's Next for the President-Elect?

    As Donald Trump approaches his second term as President, he leaves a landscape cluttered with unresolved legal issues, both criminal and civil. In this episode of Next Witness…Please, retired judges and co-hosts Gayle Williams-Byers and Thomas Hodson give you a post-election update on Trump’s pending legal cases. They delve into the status of the cases and predict what to expect next. Most importantly, they translate the legal jargon and processes into understandable terms using examples that every person can understand. They also talk about issues that both federal and state judges face in deciding next steps as Trump moves toward inauguration in January. They give you a judicial perspective. Special Counsel’s Jack Smith’s options regarding the two federal cases against Trump are explained as our judges discuss different ways a case can be dismissed. (This podcast was recorded at noon on Monday, November 26. That afternoon, Special Counsel Jack Smith dismissed the federal cases against Trump in just the ways discussed in this episode.) Our co-hosts then foreshadow issues confronting state judges in criminal cases in Georgia and New York. They especially dissect the options facing Judge Juan Merchan in the cases where Trump has already been found guilty of 34 felonies by a New York jury. Finally, our judges set the agenda for what might happen in Trump’s civil cases for fraud and for his actions against. E. Jean Carroll. Will the judgments against him stand and will he be forced to pay damages while President? They also give a glimpse into what might be the fate of some of Trump’s civil actions against media, reporters, and authors. Will they continue, be put on hold, or dismissed?

  5. NOV 18

    Honoring the Icons: Role Models Who Shaped the Law and Society

    With all the turmoil and finger pointing going on in the country and with the U.S. Supreme Court in a tizzy, it is sometimes good to look back and honor some positive role models we have had in our lives. November is National Inspirational Role Model Month so Next Witness…Please cohosts and retired judges Gayle Williams-Byers and Thomas Hodson share with you some people who have been their inspirations, especially in the law. Judge Byers highlights Emmeline Parkhurst, known as the mother of women suffragettes fighting for women’s right to vote in the late 19th and 20th centuries. She was a British activist. Henrietta Lacks, also named by Judge Byers. Lacks was a black woman for whom the world owes gratitude. She had her cancer cells collected, and it helped unlock the miracles of “He-La” cells or “immortal cells.” These cells have led to vaccines for HPV, polio, and treatments for AIDS, cancer, Parkinson’s disease and COVID-19. The cell line continues after seven decades. Judge Byers also cites President Lyndon B. Johnson through his first term in office. He used his pressure and influence as President and former Senator to push through the Civil Rights Act of 1964 and Voting Right Act of 1965. His initiatives led to prohibiting discrimination based on race, color, sex, or national origin. Both, Judge Byers and Judge Hodson talk of the amazing record of former U.S. Supreme Court Justice Thurgood Marshall, the first African American to serve on the court. Judge Hodson gives major inspirational credit to Chicago trial lawyer Clarence Darrow. In the early 20th Century, Darrow was a major labor attorney and criminal defense attorney. During his career, he represented the defendants in the Leopold and Loeb case and a black physician Dr. Ossian Sweet in a murder case. He is most famous for his defense in the “Scopes Monkey Trial” in Tennessee where he defended the teaching of evolution. Also, Darrow worked diligently against the death penalty. Finally, the parties agree to honor former Supreme Court Justice, Sandra Day O’Connor. She was the first woman to sit on the Supreme Court. She was known for her judicial scholarship but also for her commitment to promoting K-12 “civics education” upon her retirement.

    1h 2m

  6. NOV 11

    Countdown to Freedom? The Menendez Brothers’ Final Bid for Release After 35 Years

    The Menendez brothers, Lyle and Erik, have been in prison for 35 years after being convicted of the 1989 murders of their parents. However, they are pursuing three different legal strategies to now be released from prison. Originally, they were sentenced to two consecutive life sentences without parole. Their original trial defense was that the murders were in self-defense after Erik had long been sexually abused by his father. The State of California claimed they killed to obtain the estate of their parents. Recently, a Netflix docudrama, “Monsters: The Lyle and Erik Menendez Story,” reignited the conversations about their trial and some new evidence has appeared as a result. On this episode of Next Witness…Please, your co-hosts, retired judges Gayle William-Byers and Thomas Hodson delve into the three legal strategies at play to get the brothers released from custody. On November 25, there is a habeas corpus petition hearing where new evidence will be presented to bolster Erik’s claim of being a victim of sexual abuse by his father. With that hearing, the judge could reverse the convictions and reopen the proceedings. A second hearing is scheduled for Dec. 11. At that hearing, Los Angeles District Attorney George Gascon seeks resentencing of the Menendez brothers. He wants to reduce their sentences to 50 years to life which would make the Menendez brothers eligible for parole at this point. However, the brothers would need to go before the parole board that only grants 35 percent of the requests for release. Finally, the brothers are requesting clemency or pardons from California Governor Gavin Newsom. Our hosts define clemency and pardons in understandable language. All matters are expected to be resolved by Christmas.

    53 min

  7. NOV 4

    Litigating the Vote: 2024 Gears Up to Be the MostContested Election in U.S. History

    Election 2024 is the most litigated election in history, say experts and we have just seen the beginning. In 2020, Donald Trump’s supporters filed 62 lawsuits post-election and lost 61 of them. This year, we already have had 130 lawsuits filed leading up to the election and promises of hundreds more following Election Day. Big time election lawyers are involved on both sides. Gineen Bresso is heading the GOP “election integrity” efforts along with Trump campaign counsel David Warrington. The Democrat’s team is head by Dana Remus and one of the nation’s top election lawyers, Marc Elias. Both teams are wargaming various scenarios and preparing legal pleadings, in advance, so they can be filed quickly after the election. In 2024, both sides have amassed war chests to challenge election results. The Republican National Committee has reportedly raised $90 million to support its efforts and the Democrats have raised $14.5 million. Pre-election, the Republicans have targeted overseas voting, mail-in ballots and purging election roles as targets. Post-election, the targets will likely be the counting of ballots, certification of results by the states and the selection of electors from each state. If Trump loses, his team may try to stall the results passed specified deadlines to get the House of Representatives (controlled by Republicans) to select him President by what is deemed a “contingent election” under the 12th Amendment to the constitution. On this edition of Next Witness…Please, retired judges Thomas Hodson and Gayle Williams-Byers discuss the litigation options and break them down into understandable terms. You may find more about election litigation at: https://www.democracydocket.com/ and https://www.justsecurity.org/

    1h 3m

  8. OCT 25

    Supreme Court on Trial: Will the Justices Steer Away from Their MAGA Path?

    The U.S. Supreme Court reconvened the first Monday in October for the new term after a summer recess. On the court’s docket are several high-profile cases with several more to be added. Court observers are watching how the court will handle these key matters to determine if the Supreme Court will continue in its MAGA direction or will it right itself and become more centrist. In this episode of the “Next Witness…Please” podcast, the “Judicial Twins,” retired judges Gayle Williams Byers and Thomas Hodson, delve into some of the key cases coming before the court in its 2024-2025 Term. With keen analysis, insight and biting commentary, they discuss the core issues of critical cases and give you a preview of how the court may view upcoming arguments. The most watched cases include matters concerning transgender rights of minors, ghost guns, payment of attorney fees in civil rights cases, a case involving people with disabilities, environmental cases and a case involving the FDA and e-cigarettes. The Court started its new term with 30 cases on its docket giving it plenty of room to add cases concerning November’s presidential election and cases further defining presidential immunity. It is expected that the January 6th case of election interference now before Federal Judge Tanya Chutkan in Washington, D.C. will go back before the Supreme Court for determining whether she properly applies the court’s most recent presidential immunity ruling. The court normally hears arguments from October through April and all decisions of the court are expected by the end of June 2025.

    52 min
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Ever found yourself lost in legal jargon? Fear not! Our mission is to decode complex legal concepts into everyday language, making them accessible to all. Meet your hosts, the dynamic duo known as the Judicial Twins! Retired judge Tom Hodson brings over 50 years of legal expertise as a trial judge, defense attorney, and former Judicial Fellow at the Supreme Court of the United States. Retired judge Gayle William-Byers, with more than two decades of public service as a prosecutor and judge, is now sharing her knowledge as a Judicial Fellow for The National Judicial College and a legal analyst. Join us as we embark on a quest to demystify the legal system and increase your understanding of its complexities. Tune in to "Next Witness... Please" for enlightening discussions, insightful perspectives, and a deeper understanding of the law. Don't miss out – subscribe now and let's unravel the mysteries of the legal world together!

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