On Friday, April 25, George Santos learned his fate, at his fraud sentencing in federal court. He had two years since his indictment to walk the walk, demonstrate extreme remorse and acceptance, and take meaningful steps to address the problems that got him here and convince a judge he wouldn’t make the same mistakes again.

But the government painted him as an unrepentant fraudster who was bound to reoffend, and the judge agreed, giving him a sentence at the very high-end of the guidelines.

Therefore, Mark Allenbaugh and I went live on YouTube to conduct one of our world-famous “sentencing post-mortems” to break down the good, the bad and the ugly of the George Santos sentencing.

IN THIS EPISODE:

• A "cameo" introduction, and ringing endorsement from George Santos himself;
• A word about the FBI’s arrest of Milwaukee Judge Hanna Dugan;
• The perfect tequila pairing for this podcast: Santo Tequila;
• The accuracy of our predictions from our first Santos Podcast two years ago;
• What we can learn as defense lawyers (and clients) about the George Santos sentencing.

LINKS:

Our first take on George Santos indictment from two years ago: https://setforsentencing.com/podcast/george-santos/

Hannah Dugan Federal Criminal Complaint: The arrest of a judge is yet another signal of our rapid decent into fascism. Attacking the judiciary is a standard play in the authoritarian handbook. Pay attention.

https://storage.courtlistener.com/recap/gov.uscourts.wied.111629/gov.uscourts.wied.111629.1.0.pdf

Although we often claim about the sentencing guidelines, this week, I find myself thankful that at least we still live in a country that has courts and due process.

That’s why we start off talking about the plight of Kilmar Garcia-Abrego, a person lawfulfully in this country who was abucted by brownshirt immigration thugs and stolen away in the night to a concentration camp in El Salvador. No notice. No hearing. No due process. No contact with a lawyer or loved ones. No prospect for release – ever.

This is who we are now. Pay attention.

IN THIS EPISODE:

• Kilmar Garcia Abrego: authoritarianism is here, and we are in a full constitutional crisis. If they can do this to him, they can do it to ANYBODY… and they will.
• Lost Lore tequila!
• New changes to the Supervised Release guideline;
• A warning – if you are successful in arguing against supervised release, you could impact your client’s ability to earn early release from prison;
• The goal of S/R, in no incertain terms, is REHABILITATION! But courts are using it as punishment, and routinely imposing prison terms for said violations. Therefore, the new guideline amendments make clear that this is not, by default, the appropriate result!
• The death of “upward departures” and simplification of the “three step process”;
• The difference between guideline “departures” and “adjustments”;
• The vindication of the need to telling our clients’ life stories;
• Things in the “goddamn Sentencing Reform Act that were directed to the Commission 40 years ago to take into consideration when it promulgated the fucking guidelines, that it still has not done.” (Mark’s colorful language), the biggest one being the sad state of affairs at the Federal Bureau of Prisons.
• Talk of moving BOP to DHS and the future banishment to concentration camps of US Citizens.

LINKS:

"Reader-friendly" guidelines amendments from Sentencing Commission: https://www.ussc.gov/sites/default/files/pdf/amendment-process/reader-friendly-amendments/202504_prelim-rf.pdf

Timothy Synder's On Tyranny: 20 lessons from the 20th century: Last episode we talked about the lesson of language (domestic terrorism). Today we talk about not “obeying in advance” when an authoritarian begins to test the limits of his power. If we let what is happening to Mr. Abrego Garcia and those like him, we are lost. Here's a great video of John Lithgow reciting all 20 lessons. Learn them. Take action. https://youtu.be/cXR5HLodsT8?si=KfukKSdAPEfytSLE

There's a new "open letter" circulating on Facebook and beyond, purportedly written by Liz Cheney. She's not the author. But the letter is right on. It's a blueprint for resistance. Take a look.

https://www.facebook.com/lisa.mcmanus.77736/posts/10231541262169329?ref=embed_post

Mark Allenbaugh Law Review Article: Sentencing in Chaos: How Statistics Can Harmonize
the “Discordant Symphony”. To Download a Copy of Mark's article, please visit the Set For Sentencing main page for this episode: https://www.setforsentencing.com/seismic

I'm back. I've been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell. In his seminal work, "On Tyranny", Timothy Snyder warns: "Listen for dangerous words. Be alert to the use of the words extremism and terrorism. Be alive to the fatal notions of emergency and exception. Be angry about the treacherous use of patriotic vocabulary." So, today's podcast is brought to you by the letter "T" for "terrorism".

The government is going to great lengths to brand anyone who dares question the authority of the POWERS THAT BE, a domestic terrorist.

Today we talk about three cases where the terror label is applied and the potential or actual consequences, with the incomparable Mark Allenbaugh.

IN THIS EPISODE:

-Breaking down the "Tesla" indictment against Frederick Cooper and the government's toothless threat of "20 years, no negotations";

-Delving into the terror element of the Luigi Mangione case, where AG Bondi just announced the govt. is seeking death because the crime was "politically motivated";

-A massive injustice in North Dakota where the government and judge abused a domestic terrorism provision in the guidelines as a show of cruelty against a 50 year old autistic man, sentencing him to 25 years in prison;

CAMERON SMITH - A CRUEL & VENGEFUL OUTCOME IN NORTH DAKOTA:

If you want to know more about Cameron Smith's Case, here is an article in the New York Times. If you'd like to support his defense in any way, reach out to me (doug@dougpassonlaw.com). His appeal is pending, and we will not abandon this fight.

https://www.nytimes.com/2025/03/11/us/north-south-dakota-energy-facility-attacks.html?unlocked_article_code=1.3U4.1nqZ.WXyt8a1LAAns&smid=url-share

ON TYRANNY:

Do yourself a favor and grab this book. If you want the summary of all of his lessons, here you go: https://www.carnegie.org/our-work/article/twenty-lessons-fighting-tyranny/

ON A LIGHTER NOTE:

I'm back on the tequila train. If you've listened to previous episodes, many involve a tequila tie-in and recommendation for a great sip. It helps the medicine (of authoritarianism) go down.

Today I had my choice of two: Tequila Chamucos (i.e. "Diablo Blanco") and Mijenta Blanco Maestra Secltion No. 1 Tequila. Mijenta was the clear winner both in flavor and in theme. Mijenta, in Spanish is derived from "Mi Gente" which means "My People." This particular expression was made from agave grown from seeds, not clones. Mijenta Tequila

https://mijenta-tequila.com/ And if you take away nothing from the events of the day is that this great American experiment of ours is meant to be "by the people and for the people" and at the end of the day, the people have the power. It's time to fight, by all peaceful means necessary, the rapid slide into authoritarian rule. We have to plant the seeds of resistance and let them grow, unafraid, and undaunted.