Congress intended most first-time non-violent offenders receive a non-custodial sentence. That's how federal law worked before the guidelines. But, the guidelines did not fulfill that promise because the majority of those sentenced, end up having to serve time in the crumbling, overcrowded Bureau of Prisons. All that may be about to change, with revolutionary new proposals the Commission is considering.

Take a listen, and then make your voice heard by lodging your comment on the USSG website:

https://www.ussc.gov/policymaking/public-comment/public-comment-2026-proposed-amendments

IN THIS EPISODE:

• Trump Tarriff case and it's implications in the criminal world;
• The major questions doctrine;
• Proposed complete restructuring of sentencing guidelines table;
• Proposed post-offense rehabilitation reductions

LINKS:

Visit the SET FOR SENTENCING SHOWNOTES FOR THE FOLLOWING LINKS:

-prior recent podcast on other guideline amendment

-3 R'S of Sentencing Narrative Article

-New Law 360 Article by Doug Passon and Mark Allenbaugh on Guideline changes

It's easy to get overwhelmed by the onslaught of horrible headlines. But advocates need to fight, and words are our weapons. But the problem is, lawyers are never taught how to cut through the noise and get to the heart of the argument.

Part 1 defined the problem: Abuse of Power; Trump exerting total control over the Department of Justice to weaponize the law against his enemies. Don Lemon is the target de jure.

In this, Part 2 of "Absolute Power" we consult with communications expert Dr. Randy Olson on how to cut the noise and speak clear truth to power. But it's not easy, particularly when the powers that be engage in Steve Bannon's strategy of "flooding the zone with shit." Therefore, Dr. Olson provides valuable guidance on how we can better communicate the truth of what's happening.

IN THIS EPISODE:

• Cutting through the information maelstrom to find the central theme of your communication (the "Dobzhansky" template);
• Understanding the power of narrative;
• Messaging for turbulent times;
• How Steve Bannon weaponizes non-narrative to "Flood the Zone with Shit";
• "The Gish Gallop";
• The "DNA" of narrative: Dream, Nightmare, Action;
• Constructive critique of Abbe Lowell's press release in the Don Lemon case;
• The key to narrative is proper framing;
• A musical finale – in honor of friends and family in Minnesota – "Hospital in Duluth" (written and performed by Doug Passon, with Ken Murray on harmonica).

LINKS:

MORE ON DR. RANDY OLSON & THE "ABT" NARRATIVE TEMPLATE

Our founders wanted US attorneys to retain significant independence from the Department of Justice. If that happens, then experienced prosecutors have the credibility, and moral fortitude to serve as a buffer between the unfettered power of the government and the people.

But the Trump administration wants absolute power. That's why we're seeing a slew of illegal US attorney appointments, installation of outsiders with zero prosecutorial experience, and the prosecutions of Trump's political enemies. Absolute power corrupts absolutely and nowhere is that more apparent than the recent arrest of journalist Don Lemon simply for exercising his first amendment rights.

Therefore the public needs to see this for what it is-- the canary in the coal mine signaling America's rapid descent into authoritarian rule. More importantly, attorneys need to do more to implore courts to curb these blatant abuses of power.

This is a 2-part episode. During the first hour, we talk with Gary Restaino, the former US Attorney for the District of Arizona. He gives his take on why this is not normal and why it matters.

In part two, we speak with communications expert, Dr. Randy Olson, who implores us to cut through "the information maelstrom" with clear communication. But that's not easy, particularly when there's so much happening all at once (Steve Bannon's "flood the zone with shit" strategy). Therefore, Dr. Olson provides valuable guidance on how we can better communicate the truth of the urgency of now.

IN THIS EPISODE:

• The need for "insiders" i.e. experienced prosecutors who understand criminal litigation;
• Over-politization and weaponization in the current DOJ;
• The prosecution of Don Lemon;
• Challenging the prosecutors' grand jury presentations;
• The Trump takeover of individual US Atty offices;
• The danger of unchecked paramilitary forces on city streets;
• What are laypeople and lawyers can do to combat ongoing and blatant abuses of power.

LINKS:

Gary Restaino on LinkedIn – His posts present a powerful perspective from someone who had a front row seat to how a local US attorney office should be run: https://www.linkedin.com/in/gary-restaino-a27290370

Terrifying Abuses of Power:

https://www.politico.com/news/2026/01/23/abuse-of-power-new-jersey-prosecutors-office-00745493