What A Day Trump Capitalizes On The National Guard Shooting
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Dec 1, 2025 
Ken White, a federal criminal defense attorney and former prosecutor, dives into the complexities of mental health in the justice system. He explores how it influences charging decisions and the challenges of the insanity defense, particularly in high-profile cases. White also discusses the implications of recent DOJ dismissals and critiques Pam Bondi's leadership. In a fascinating twist, he analyzes trends in Trump's pardons, revealing deeper patterns in their motivations, while addressing the options for victims affected by such decisions.
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Mental-Health Defense Is Plausible But Difficult
- Mental illness can be a viable legal defense but faces a high burden in U.S. courts.
- Ken White notes combat trauma and PTSD from Afghan service make that defense plausible yet uphill.
Understand The High Bar For Insanity Claims
- Insanity is an available defense, but the defendant must meet a high legal standard.
- The defense must prove incapacity to know wrongfulness and to conform conduct to law.
Narrow Dismissal Avoids Bigger Vindictiveness Fight
- Judge dismissed Trump-era prosecutions on narrow appointment grounds, avoiding deeper misconduct questions.
- Ken White suggests reindicting risks exposing potential vindictive prosecution and greater embarrassment for the DOJ.