I am the criminal defense attorney defending El Chapo, Ask Me Anything!

Is bird law in this country governed by reason?

Hell no.

What's bird law?

Compared to how movies/TV portray huge criminal court cases, is there any part of your job that you feel needs more recognition that the general public doesn't realize?

Good question. The public does not see how much work goes into these defenses and the pressure that the public and press can bear on us. I do tire of the "how can you represent him" questions, though.

You've been a vocal critic of radical Islam, terrorism, domestic terrorism for many years. Would you represent, say someone like, Dzhokhar Tsarnaev?

Hmmm. Anything is possible although that would be a serious challenge for me. My feelings about justice trump my feelings about radical Islam.

What does a defense attorney do when a client confesses guilt to the charges against him/her?

We aren't required to tell anyone-- the judge, jury, or prosecutor. However, we can't put the client on the stand and knowingly let him lie.

How would that work? Someone would ask your client that, right?

I would do his direct examination. I would ensure that he not lie based on my own knowledge. Hasn't happened yet.

So what if he's being cross-examined and lies and you know it's a lie? Are you required to inform the court of his perjury?

There is a mechanism to handle that with the judge. Never has happened to me.

So is that a yes or a no? Are you required to inform the court if you know your client is committing perjury?

It's not as simple as that but yes, we cannot allow perjury to occur. We have to take some remedial step.

Such as?

http://www.newyorklegalethics.com/anticipating-and-responding-to-client-perjury/

There's some info there.

Do any of your past celebrity clients (The Game, Fat Joe, John Gotti Jr., etc) keep in touch? Any holiday cards or party invites get sent your way?

I speak to most of them regularly. John and I are very close as I am with Fat Joe. When you represent someone in a criminal case, you tend to get very close to them -- or if you suck as a lawyer, they tend to hate you very much. So far none of that (fingers crossed).

How did you end up representing El Chapo? I mean, seems like you like the guy as a person now, but how does a case like that come knocking at your door?

I was recommended by his public defenders. He saw dozens of lawyers and ultimately we just clicked

what are the most stupid things that high-profile clients do to screw up their case that low-profile clients generally don't do, and vice versa?

what are the most interesting consultants you've ever brought on (for example a hairdresser who specializes in coifs that appeal more to juries)?

Speaking on recorded prison phone lines. Or blabbing to the press.

I don't use jury consultants at all. It's not sincere. If it's not from my heart inside the courtroom, I'm not interested.

has there ever been an instance where a client blabbing to the press (inadvertently) helped the case?

Depends on what they blab.

Does El Chapo pay you by delivering a dump truck full of cash at your house or do drug lords have checking accounts too?

MmmmmmMMMMMmmmm. Wait, what was the question? I got distracted.

alleged? lol i'm sure the previous prison breakouts will help prove his innocence?

In America those accused of a crime are not required to prove anything, let alone innocence.

And I sincerely doubt that any evidence alleging prison breakouts in Mexico will make it into the Brooklyn federal courtroom.

So what will his trial in america entail? drug trafficking?

Allegations of that, yes.

sorry for bombardment of questions and i know you will answer this as a glass half full defense attorney but do you really think he stands a chance? isn't the evidence from the prosecution quite heavy?

If I had a dollar for everytime I was asked that question -- and the client walked out of court a free man. He absolutely has a chance.

so.... assuming he walks a free man would he still be a wanted man in mexico?

He has six cases to deal with here first.

oh. will you be representing him for each? or is that up to him ultimately to decide?

One at a time. We aren't there yet.

What's your one allround advice for someone who's at the beginning of their career and want to really "make it", as you have in your line of work?

I would say that hard work is the only thing I would say. And I mean it. Everyday you are working on the weekend, the guy who is trying to get ahead of you is not. If you are willing to do all the hard, miserable work in a case, eventually it bears fruit. And in this profession hard work pays off, for real.

Did you watch the tv series El Chapo? What do you think about it, and can you say more about how Chapo is?

I have never watched it. I watch zero TV other than sports.

He's engaging, he's curious, he's funny, he's strong as hell mentally and he laughs at my shitty Spanish.

The series shows a lot of brutality commited by, or in name of El Chapo, also the corruption of government and other drug dealers.

One more question, what can you tell about this case?

I can tell you that he's picked a great lawyer to defend him.

I assume you get a lot of hate for representing him, even though you're just doing your job. Still, why did you chose him? If I remember correctly his assets were frozen so your payment wasn't guaranteed. Surely there must be a reasoning behind your choice that makes it worth the hate. Is it the publicity?

His assets have not been frozen but the government has not promised not to seek to grab my fee should he be convicted.

As for the hate mail, sure, I get a lot on a lot of cases. But this is America and everyone deserves a defense and the constitution mandates it. Why should I give in to the mob? I won't and don't. As for why I agreed to represent him, the case is the ultimate challenge for a defense lawyer. If a lawyer told you they would run from that challenge, would you want him representing you?

I absolutely agree, everyone deserves a defense. But not everyone gets it, do they? Surely not everyone that contacts you gets this chance. I don't know if just the fact that it's a challenge is enough, as I would think what this would to to my career on long term. It's a very risky choice and I was curious about what motivates you so strongly. I can only believe there's something more than just a challenge.

Every case is a puzzle to unravel. I like that challenge and I like to win. There's nothing like it. And the fear of losing is a hell of a motivator.

Is your client guilty?

How can he be guilty when he has yet to have his trial? Only a jury can render someone guilty.

Sure sure, but just between us, did he commit the crimes that he's been charged with?

No.

Well I'm convinced. This guy is good.

Agreed. Someone should get this Chapo bloke a pardon

Word.

Do you think criminal law skills especially Examination skills are acquired by hardwork and experience or some people are just naturally good in it?

That's a great question. I would say both. I learned a lot along the way from some great mentors I had; however, I had a lot of it inside me. You can graduate first in your class from Harvard Law and not have a clue how to handle a witness during a cross. And no studying in the world can fix that if you don't have the skill set for it.

Do you get intimidated when a really high profile criminal comes at you?

Do you ever get this feeling that "this guy isn't rational and may kill me if I lose", if yes how you deal with that?

How you handled your initial days in practice especially during first time you got a huge case of any notorious criminal?

I do not get intimidated by any client.

Clients want their lawyers to win -- and if you work hard, win or lose, they appreciate you (truly).

In my early high profile stuff, I simply vowed to outwork the other guy, the prosecutor. Same rules applied and all worked out.

Have you ever thought that a jury has overlooked a crucial factor, resulting in an incorrect verdict?

All the time.

What is ur most proud moment in legal career?

Hmm. Great question. When I walked outside to face the press after Gotti's verdict -- and after no one believing that I could win but me for over a year -- I had just finished crying inside the courthouse. I knew then that there was nothing I couldn't do in the courtroom. Knowing that I could call my father afterward and make HIM proud was an incredible moment for me.

What was one of the biggest mistakes you ever made in the courtroom and what did you learn from it?

I don't mean to sound like an arrogant jerk, but I have never made a big mistake during a trial. Lesson learned: work hard and overprepare and you can eliminate surprises.

If you manage to get your client (any client) 'off the hook' for a crime that you know they committed; yes you did your job legally, but does it not go against the sentiment of justice?

I understand the guard is there to protect the falsely accused, but sometimes it's just obvious, it's just the bureaucratic system being abused. Examples being mob bosses avoiding punishment because they were never caught doing things they very clearly were involved doing etc.

In those cases, would you consider those lawyers sentimentally criminal? In that, although they haven't broken a law at a technical level (which is what it's all about). But have essentially assisted a criminal in avoiding punishment/justice?

Edit:words

If I win a case in which the client actually should have been found guilty, the blame is on the prosecutor, not me. Justice requires all defendants get a fair trial, that is all. I am not responsible for anything more than assisting the client to get that right.

I just wanted to politely challenge this sentiment of yours.

Putting aside your comment, "it's not MY fault if my client (who did commit the crime) evades a guilty verdict..."

Just because the prosecutor was not as good at his/her job as the defender, does not mean justice prevails. I can't offer up a solution but I certainly can't help but think that this is exactly the same (and nearly as arbitrary) as trial by combat in game of thrones.

Never saw an episode of Game of Thrones.

And justice is when a defendant receives a fair trial. To me that is all. You know the old saying, "I'd rather see ten guilty men go free than one innocent man convicted"? That's the truth.

Trial by combat in game of thrones is when the two parties choose someone to physically fight on their behalf. Those two random people fight to death and whoever wins, their "client" wins the case.

I agree with your old saying. I can't help but feel that the concept of justice, what is right and what is wrong has slowly been distorted over time. It feels like we disregarded the sentiment of law and replaced with technicalities, syntax, exceptions and loopholes and convinced ourselves, this is how to do it.

Thanks for chatting with me. Best of luck with your trial.

Thank you, much appreciated.

Have you ever turned down a case where a client was ready to hire? Are there any criminal cases you won't take?

Yes, if there just isn't a good fit between me and a client. I'm not the easiest person to deal with. Cough. And I won't do cases involving animal cruelty. Never.

At what point of legal career, a lawyer can say that, "YES I can stand in this world alone and take on this world head to head"(especially in a career like legal practice) When was ur moment of such feeling?

In every single case I have I get that feeling. It's the government, the FBI, prosecutors, society and even the judge against us sometimes. We're all alone out there, the only thing between our client and doom. It's a pretty sobering feeling.

Have u ever felt that a case which you might took cause harm to your family, how u cope up with that pressure and stand for ur professional ethics?

Sadly, I've felt more fear from unhinged prosecutors than I ever have from a client. During the Gotti trial, a federal prosecutor sent a cooperating witness into the bathroom to tape me as he gave me a pile of cash -- given to me to pay for expenses on the case -- and asked me not to report it. Like I didn't have enough to worry about? I gave the money back. That showed me how sick and twisted those with unchecked power in this country can be. I was at the urinal!

What technicality are you most likely going to use to get him off since it's beyond obvious he's a criminal?

What admissible evidence have you seen with your own eyes that has convinced you his is guilty?

I'm not at liberty to discuss since there's impending legal action.

So? Is there a court order in place preventing you from discussing evidence?

What is your general strategy in drawing publicity prior to high profile trials? As an example, you're conducting this AMA where you call your client an alleged "drug lord", but I feel like that could be a negative descriptor, especially at this point in time. How do you balance self-promotion with the best interests of your client?

I don't. The best interests of my client is my self-promotion. Winning the case is my best self-promotion.

I definitely agree with the idea that winning is the best form of self-promotion, but could you expand on the idea that the best interests of your client are your self-promotion?

His winning is my payoff too. So all I want to do is win the case. All the great publicity will come after a win. Lawyers who are only concerned about getting their names in the paper don't last long. Winning is all that matters.

I totally agree, which is why I said that winning the case if the best form of self-promotion. However, you chose to conduct this public AMA with an inherent focus on the case. To reframe my question, why do you feel that it's a good thing for your client to draw attention to yourself and the case at this point in time?

Have I just spoken about myself?

About the El Chapo case: what kinds of things are you allowed to say to the media/public regarding the case and what do you need to keep secret? How do you decided/strategize what you can say and when?

I don't discuss trial strategy with the media unless I want the strategy to be released, obviously. I can discuss the case in general but there are various security measures put into place by the government and ordered by the judge that would prevent me from stating all that much.

As for my ultimate strategy, a lot depends on the evidence in the case. Not sure what I need to do -- until I see all that the government has.

How often you come around honest prosecutors or wrongly convicted person?

There are many honest prosecutors. One of the prosecutors in Chapo's case I have known for 25 years and I trust her completely.

Wrongly convicted people: define 'wrongly convicted.' Do you mean actually innocent or denied a fair trial? Less of the former, many of the latter.

Sorry should have been much more clear..i meant former

It happens, no question. Those are the cases in which I feel the most pressure.

How did you decide to go into private criminal defense? If you had to pick a different legal practice, what would it be?

It was the only thing that hit me between the eyes -- and heart. My main skill is beating up bullies on the stand -- perhaps I would sue people for sexual harassment claims or other workplace abuses and civil rights issues. But criminal law is really my true love.

What is your record as criminal defense attorney? (Ex. 1 for 1, 5 out of 7, etc.) Also are you able to speak with him directly or do you require the need of a translator?

I use a translator, though my Spanish is improving. Only took five years of it in school so it's coming slowly.

I win on average about half my trials.

I have a good number of friends who tried to be defense attorneys, but the pressure got to all of them. The cases were long and complex and one of my buddies cracked.

I bet you have dealt with a good number of big cases, so how/what do you do to manage all the stress and pressure? (nothing incriminating of course, unless you want too vent then go ahead, let it all out)

It's very simple. Do I want to succeed or fail? There's no cracking. Let's make them crack instead.

Isn't it unethical to show up and discuss clients like that here (or any other media platform)?

No. I'm not divulging privileged info or discussing improper subjects.

Thanks for doing this. I got two questions:

1. What are the dirtiest tactics you've seen prosecutors try to pull off (trying to win off really pedantic technicalities, ignore lots of stuff in literature, time bombing, judge-shopping, making things overly convoluted (especially when cross-examining witnesses), etc.)?

2. How do you successfully fight against these types of things, especially when you feel the judge/jury is leaning towards them and not you?

Putting on witnesses they knew were lying -- happened in Gotti non-stop.

Trying to disqualify me for no good, legal reason.

As for fighting it, you just have to not give in or up and crush their evidence. No matter how hard a judge tries to stop a defense lawyer, we don't give up and roll over. Never.

Yeah man, I had that happen to me and I kept appealing. The administrative judge knew she was wrong in what she let them do to me 100% -- I could see it in her eyes, she even didn't let me present my evidence or argue against it. :/

The beef got settled off the books, but it still makes me angry sometimes that the bullshit judge got away with with what she did no reprecussions.

Very frustrating for anyone in the system who has to deal with that kind of garbage.

How you handle the hatred of people especially who claim to be victims of ur client?

I don't. I ignore it. I obviously have empathy for an victim of a crime but I can't let it take my focus away from what I need to do for my client.

Your American Greed episode was fantastic. :) Where's Bill Mastro today, and has there been blow back by the baseball card insiders towards your exposing their fraud?

Mastro got out of prison recently; based on his new-found religious zeal, I am guessing he is washing the feet of lepers and figuring out ways to pay back all the people he robbed. (as if)

Many people resented me years ago and now for exposing Mastro's fraud simply because they themselves were profiting from the fraud. The baseball card hobby is filled with degenerates, especially the self-described leaders of the hobby. Numerous auction house owners have criminal records and this is the last refuge for them in order to make -- and steal -- a buck. Fraudsters, drug dealers, you name it, those are the leaders of the hobby.

What was The Game like?

Very laid back, very smart. Encyclopedic knowledge of college basketball.

Was there ever a point in your career you regretted your choice to become a lawyer?

Many days. But there are more good days than bad, by far.

So, you make a living defending brutal murders, drug dealers, etc.?

Damn man, that's heavy. How does it feel to sell your soul? Not trying to be sarcastic, really just curious.

Do you ever think about your client's victims or the families of victims?

What does it feel like to accept blood money?

Do you honestly never think about the extent of human suffering that was endured to pay your fee?

I make a living in America by ensuring that those arrested by the government get a fair trial. Without that sentiment we are in Iran. I don't like Iran.

Let someone else worry about the human suffering -- I can't be concerned about it and if I was, then I would not be representing my client zealously as the law requires. Tell me -- if your dad got arrested for a crime would you like your lawyer to spend all his time worrying about the alleged victims? Or just defending him?

If my dad killed people I'd want him to go to prison.

What if he was arrested for something you didn't think he did -- and yet the government did think so?

We're talking about John Gotti and El Chapo, Confirmed murderers. You have taken and Continue to take money from high profile criminals. If you weren't full of shit you'd just be able to say that and move on. I'm just interested in the psychology of it. How a person can do that.

Instead, you're trying to make a high-horse argument. If you really believed in the stuff you're shoveling, you'd be using your skills and knowledge to take on clients that have truly been victimized by our legal system.

You're an idiot. John Gotti, Jr. has never even been charged with murder let alone convicted. Maybe do some reading before opening up your mouth?

If Trump asked you to be his lawyer or on his WH legal team, would you?

Wait, will I get to ride on Air Force One?

No. I'm too busy with pending cases and I wouldn't abandon my clients for anyone.

What is your favorite song ever?

In My Time of Dying, Led Zeppelin.

Great song!

Listen to Jimmy's solo. Is there anything better?

How long do you think Anthony Weiner will be sentenced for? How long do you WANT him sentenced for? :D

A year or so.

Hmmm. That's a hard question to answer (excuse the pun). I want him to get what he deserves.

Are you ever afraid of what may happen to you if you don't win the trial?

Never. I'm mostly afraid of how shitty I will feel if I lose.

What famous case do you wish you would have been hired to handle?

Hmmmm.....I know there have been a few because on occasion I get pissed off that I am not hired for a case which to me seems perfect for my style. Off the top of my head I'm not sure I can think of any. When Bernie Madoff got arrested I was glad I didn't get that one.

What made you and El Chapo "click"?

Similar senses of humor :) And he saw how badly I want to win and fight for my clients. He listens to everything and is a great judge of character.

What's your opinion on Trump's legal team and the future of his Supreme Court picks, also, the courts in general. What hope do we have if the President does not get control of these courts?

Hard to have an idea about Trump's legal team as it changes so frequently. President Trump needs to start filling judicial vacancies asap if he hopes to make true change in America.

Best guitar player of all time and why? ;)

Jimmy Page. Mainly because he's got the best girl on the planet.

Jimmy Page is the biggest ax AND dick swinger in history. Agree completely. Best ever.

He also has some cool pictures hanging up in his closet.

Why is this man even here? The way he was turned over to the US was shady AF. Why are US taxpayers being forced to care for this man? Does the US Govt have the power to return him?

You've got me. It's a show trial basically. A total abuse of the American taxpayer. The feds should not have sought extradition. Makes no sense to me.

El Chapo publicly put a bounty on President Trumps head and said some other threatening comments. Does his opinion of Trump still stand and do you think this will come out in the trial that he has threatened the POTUS?

Whatever he is alleged to have said about Trump is most likely not going to see the inside of a courtroom.

As for his thoughts on Trump, I would say he's amused by American politics. Amused with a capital A.

Are there any special precautions or protections offered to you for representing someone who allegedly is the new Pablo Escobar? Or is there any possible danger in the fact that he's connected to an historically extremely violent cartel?

None offered. I don't feel any danger but I wouldn't necessarily know if I was in any I suppose.

I suspect my safety is last on the list of governmental concerns.

I find that kinda interesting. I suppose it makes sense, since your the defense. Conversely do you know if the prosecution has any protections?

Also, thank you for your time with the AMA!

Thank you. Yes, I'm sure prosecutors get protection when required. They have tough jobs too (sometimes).

(sometimes)

Ha! I like your style

Thank you :)

Sorry for asking this question..maybe asking for tricks of trade but

What is ur basic strategy whenever you decide to take a case?

Do you adapt yourself according to situation or have a general approach in all criminal cases

Has it ever happened with you that client missed a relevant detail and in later stages of trial it came out and blew up your case..how u handle such situations?

Basic strategy: find out everything that is being alleged against my client and find all the impeachment material on those witnesses. Add some snark. Cross examine until tears start to flow.

Yes, every case is different. As I said, they're all puzzles and each one requires a different key to unlock.

Yes, clients have screwed up cases for me, big time. I handle it by getting pissed and then making the best of it. There's no time to brood inside a trial courtroom.

What's Chapo like as a person?

Funny, smart, curious, warm (really) with a great memory. Very quick mind. And has a family who really loves him.

Have u ever felt that maybe because of ur client record the jury or judge is prejudiced(they are human so most probably they will be in someway)

How u deal with such situations like any tips you can share how to sway people or judge in a way so that they can see the defendant from ur perspective rather from his image in public especially in high profile criminal clients?

Happens all the time and it pisses me off but it is what it is. People are human as you said. But judges should be fair no matter their personal feelings -- or else find a new career. The judge in Gotti's case was the fairest judge I had ever been before. She was and is a rare one.

For someone aiming to study law at university, is there anything you recommend doing on top of academic stuff to improve your chances at getting into better universities?

Grades, LSAT scores, and perhaps showing an interest in justice -- go work in a pro bono clinic to help indigent defendants.

What is El Chapo like?

Remember, I only judge him by what I see personally, not what is in the media.

He's incredibly smart, great memory, very funny, very curious about the world. You'd like him (for real).

Hypothetically, would you bribe a judge or a juror if forced to do so?

How would I be forced to bribe a judge or juror?

Never happen.

Those are quite a few high-profile clients. How did you eventually land your first "big" client and set yourself apart from the competition?

My first major, major high profile client was John A. Gotti. He was impressed with my hard work while I was working for my last boss -- who was representing John in a case which led to a multi-year prison sentence. Before going into jail he told me, "If I ever get arrested again, I'm hiring a young guy like you who I know will fight like hell for me." He did, he contacted me and the rest is history. Again, hard work trumps all. Lawyers are lazy by nature.

most memorable case you worked?

Gotti or this one: http://www.nydailynews.com/news/national/serial-child-molester-freed-judges-decides-defense-lawyer-incompetent-article-1.204887