
For the Defense with David Oscar Markus
David Oscar Markus, a Miami trial attorney, has been called “a reincarnation of the old school criminal defense lawyer” and has represented clients from the head of the Cali Cartel to Fortune 500 companies and their CEOs. David has partnered with rakontur, the lauded storytellers behind Cocaine Cowboys, The U and 537 Votes, on the podcast, For the Defense.
The podcast focuses on the work of the least-respected but perhaps the most important profession in America: the criminal defense attorney. In each episode, Markus will interview a top criminal defense lawyer about one of their most gripping trials.
Sadly, the criminal defense trial lawyer is a dying breed. The Feds have manipulated the system -- which was founded on the idea of trial by jury -- to force almost everyone (occasionally including the innocent) into pleading guilty to avoid trial. If you dare to go to trial, you risk going to prison for decades longer than had you surrendered and pleaded guilty. The system has shifted from valuing and encouraging trials to punishing those who dare exercise their constitutional right to have a jury decide their guilt. In the 1980s, over 20% of cases went to trial -- now less than 3% do so.
Having tried cases all over the United States, Markus is well-positioned to speak to other leading criminal defense lawyers in the country and explore with them the decision they made in a high-profile case to proceed to trial, including their trial strategy, the risks involved, and the clients themselves.
The podcast is currently in Season 6. It has broken news, achieved industry-wide accolades, and is the go to listen for trial lawyers around the country.
CONTACT: info@rakontur.com, DMarkus@markuslaw.com
Latest episodes

Sep 24, 2024 • 1h 6min
Howard & Scott Srebnick for Michael Avenatti
The Season 6 finale is a doozy – featuring Howard & Scott Srebnick, who discuss the high profile trial of Michael Avenatti with David Oscar Markus.Michael Avenatti was a modern day Icarus. He had everything going for him, so what happened? Howard & Scott Srebnick represented him in the infamous Nike prosecution in which Avenatti is accused of extorting Nike. Listen in as David Markus interviews the brothers about the fascinating case of Michael Avenatti.

Sep 10, 2024 • 36min
Former Attorney General Alberto Gonzales
A first for the podcast -- the former Attorney General, Alberto Gonzales, joins David Oscar Markus to discuss prosecutorial independence. Alberto Gonzales and David Oscar Markus discuss the job of a prosecutor, whether prosecutors should be appointed or elected, whether governors should be permitted to fire prosecutors and other pressing ethical questions of the day.

Aug 27, 2024 • 1h 11min
David Kendall for President Bill Clinton
David Kendall sits down with David Oscar Markus to discuss the impeachment trial of President Bill Clinton.Independent counsel, impeachment hearings, infidelity. No, we aren’t talking about Donald Trump. Instead, we head back to the late 90s to discuss David Kendall’s incredible representation of President Bill Clinton. The high stakes showdown between Kendall and independent counsel Ken Starr was must-see TV, and we get into the fascinating stories from that era in this episode of For the Defense.

Aug 13, 2024 • 1h 7min
Chris Morvillo for Autonomy CEO Mike Lynch
Chris Morvillo, an attorney at Clifford Chance, represents Mike Lynch, the former CEO of Autonomy embroiled in a high-profile fraud case. They explore the decade-long legal saga, including the intricate strategies behind the defense team formed to tackle accusations of manipulating earnings. Morvillo shares gripping courtroom dynamics during the trial, emphasizing the impact of testimony and the unpredictable nature of legal proceedings. The discussion sheds light on the collaborative efforts required to navigate complex co-defendant trials and their emotional toll.

Jul 30, 2024 • 1h 13min
Phil Hubbart for Pitts and Lee
Florida International University School of Law hosted Phil Hubbart and David Oscar Markus for a discussion about Hubbart’s book, From Death Row to Freedom: The Struggle for Racial Justice in the Pitts-Lee Case.The podcast is lucky to host Phil Hubbart this week, a living legend in the 3-0-5. He revamped the public defender’s office and was an appellate judge. He recently wrote a book about one of the most riveting cases in Florida history, State v. Freddie Pitts and Wilbert Lee, two Black men who were wrongfully charged and convicted of the murder of two gas station attendants in Port St. Joe, Florida in 1963. Listen to Hubbart discuss how he got involved in the case and worked for over 10 years to get them exonerated.

Jul 16, 2024 • 1h
Sean Hecker for Robert Bogucki
Sean Hecker, of Hecker Fink, joins David Oscar Markus to discuss the trial of Barclays trader Robert Bogucki.How do you explain complicated FX trading to a jury? How do you try a case on the other side of the United States, far from home? How do you try a case with a large team? Join David Oscar Markus as he interviews his friend and amazing lawyer Sean Hecker about the fascinating case of Robert Bogucki, which was also discussed when David previously interviewed Judge Charles Breyer who presided over the case.

Jul 2, 2024 • 54min
Judge Andrew Brasher
Judge Andrew Brasher joins David Oscar Markus to discuss all things Eleventh Circuit.Judge Brasher joined the 11th Circuit Court of Appeals when he was 39 years old. Having clerked for Judge William Pryor and worked as the Alabama Solicitor General, he is part of the well-known Judge Pryor “judging tree,” along with Judge Kevin Newsom and others. He discusses how he navigates being on the same court with his mentor and former boss, his philosophy on legal writing, and how he hires his law clerks. We also discuss some of his recent criminal law opinions.

Jun 18, 2024 • 1h 2min
CNN's Kaitlan Collins
CNN’s Kaitlan Collins joins David Oscar Markus and his University of Miami class to discuss everything from covering high profile trials to how to examine a difficult witness. As criminal defense lawyers know, cross examining witnesses is one of the hardest things to do. There's a lot to be learned from journalists who do it live on the air with difficult politicians. And Kaitlan Collins is one of the best at doing it, facing off on a nightly basis with skilled speakers who have an agenda. In this episode, David and Kaitlan discuss how she prepares for her these interviews as well as lots of other interesting topics -- from cameras in the courtroom to how she got her start and so on. This podcast episode is a recording from David’s White Collar Law class at the University of Miami School of Law.

Jun 3, 2024 • 58min
Todd Blanche for former President Donald Trump
Todd Blanche, counsel to former President Donald Trump, joins David Oscar Markus to discuss the New York trial of People v. Trump.Todd Blanche, the first guest to appear twice on For the Defense with David Oscar Markus, discusses everything from the war room to Melania Trump not appearing at trial to getting into it with Michael Cohen and everything in between in this in-depth and free flowing interview about the trial of the century involving the former President of the United States, Donald Trump.

Apr 30, 2024 • 1h 6min
Judge Kevin Newsom
In this bonus episode, Judge Kevin Newsom joins David Oscar Markus for an open and wide-ranging discussion about being a judge on the 11th Circuit, legal writing, and even a recent health scare. This bonus episode of For the Defense with the affable Judge Kevin Newsom and David Oscar Markus (they were law school classmates) continues to explore what it's like to be a federal judge and what makes these judges tick. As you'll hear, Judge Newsom is super smart, approachable, and down to earth. We will also discuss why he concurs with his own opinions, what he believes the role of judging is, how he got his start, and lots more.
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