The American College of Trial Lawyers

Our final episode of Season Nine is Now Available! 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. Listen on iTunes, Spotify or your favorite podcast app.

The ACTL Iowa State Committee Opposes Attacks on Iowa State Judges and Justices DES MOINES, IOWA (August 16, 2024) – The Iowa State Committee of the American College of Trial Lawyers (ACTL) opposes attacks on individual judges and justices based upon recent opinions released. Just over a year ago, Bob Vander Plaats of the Family Leader made and encouraged impeachment threats against Iowa Supreme Court Chief Justice Christensen and Justices Waterman and Mansfield arising from their decision in Planned Parenthood of the Heartland, et al, v. Reynolds, No. 22-2036 (Iowa S.Ct. June 16, 2023). Fortunately for the people of Iowa, the effort did not succeed. The justices had released an opinion declining to remove an injunction preventing the enforcement of the fetal heartbeat bill. More recently, Lea DeLong who is associated with the Iowans for Reproductive Freedom (which is not officially involved in the effort) penned a letter that was discussed within a Des Moines Register opinion piece headlined as IOWANS ARE TALKING ABOUT FIRING JUDGES AGAIN. THEY MAKE A GOOD CASE, August 9, 2024. DeLong makes the case for the removal of Iowa Supreme Court Justice David May because of his vote in a recent opinion – suggesting Justice May is ideologically out of touch with people in the state. The opinion upheld a 6-week abortion ban as constitutional. Evidently, attacks on individual Iowa Supreme Court Justices are becoming more frequent. The attacks pay no attention to the arguments and legal analysis used in forming a decision, but rather are lodged due to disagreement with the result. Make no mistake, every Iowan has a right to disagree with a particular decision by the Court. When disagreement turns to threats, however, the judicial system and our democracy is at risk. To attempt to intimidate judges and justices to rule a certain way or face removal from their positions contradicts a vital element of our judicial system in Iowa – independent reasoning free from political pressures. The Iowa State Committee of the American College of Trial of Lawyers, just as it did a year ago, opposes attacks on the state’s well-qualified, vetted, and dedicated judges and justices purely based upon the opinions released after hearing arguments, interpreting the legislature’s language, and assessing the constitutional protections afforded by the State. These last two circumstances, where pundits from both sides of the political aisle have individually targeted the justices, lend credence to the objective and non-political nature of Iowa Supreme Court. It is true that there are differences of opinion, both in the public and on the Iowa Supreme Court. Those differences, however, do not mandate removal from office. Judges must decide cases with faithfulness to the law, without fear or favor, and free from the influence of political storms or other external pressure. To read the full press release, please visit www.actl.com

Now Available! 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. Listen on iTunes, Spotify or your favorite podcast app.

New episode now available! 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. Listen on iTunes, Spotify or actl.podbean.com

Did you miss last week's new episode of Trial Tested? Tune in now! 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. Listen to the full episode on iTunes, Spotify or actl.podbean.com

Available Now! 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. Listen on iTunes, Spotify, actl.podbean.com or your favorite podcast app.

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 experiences with juries, opposing counsel and lessons learned from some of her most significant cases, including her defense of Electronic Arts. Listen on iTunes, Spotify, actl.podbean.com, or wherever you listen to your podcasts.

Season Nine of Trial Tested starts now! 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 experience as an Assistant U.S. Attorney helped shape his approach as a public servant, which in turn influenced his leadership style upon returning to private practice, where he is now back to trying cases today. Listen on iTunes, Spotify, actl.podbean.com, or wherever you listen to your podcasts.

ACTL Condemns Unsubstantiated Accusations From Public Officials That Threaten Judicial Independence and the Rule of Law NEWPORT BEACH, CALIFORNIA (June 10, 2024) - The American College of Trial Lawyers, acting through its Judicial Independence and Executive Committees, condemns the unsubstantiated accusations made by some public officials concerning the recent trial and conviction of former President Donald Trump. These include claims that the trial was “rigged,” that the American justice system is “corrupt and rigged,” that the judge was “corrupt,” and “highly unethical,” that the jury was “partisan” and “precooked,” and that the trial was “America’s first communist show trial.” Let us be clear that we take no issue with expressing disagreement – even in the strongest terms – with the decision to bring the prosecution, the claimed selective nature of the prosecution, the prosecution’s legal theory, the judge’s rulings, or the verdict itself. But accusations of “corruption” or that the trial was “rigged,” particularly when made by public officials, threaten to undermine the public’s confidence in the integrity of the judicial system and the rule of law. Even more troubling, such statements serve to provoke threats of violence, as evidenced by recent blogs and internet postings seeking to identify the names and addresses of the anonymous jurors and in a few cases urging that the jurors be shot or hanged. We emphasize that this is not a partisan issue. All of us – Republicans, Democrats and Independents – should recognize that respect for the judicial system is essential to our democracy and should condemn unsupported attacks on the integrity of that system. The College has no ties to any political party or any partisan endeavors. The Mission Statement of the College underscores the critical importance to our democracy of an independent judiciary and respect for the rule of law. We write today to emphasize those principles. We call upon all lawyers and their professional organizations to rededicate themselves to preserving a fair and impartial court system, and to protecting the independence and safety of our judges. Our obligations as lawyers to our system of justice and to those who serve on the bench demand no less of us. To read the full press release visit www.actl.com

The final episode of Season 8 is now available! S8E6: 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, mentoring young lawyers, and promoting civility within the legal profession. Listen on iTunes, Spotify or your favorite podcast app.