Explorez tous les épisodes du podcast Miranda Warnings

There is no denying the impact Muhammad Ali had on the sport of boxing, yet a recent essay by a past president of the New York State Bar Association, T. Andrew Brown, details how his career and his willingness to hold firm to his beliefs changed much more than a sport.

Brown also provides a look at how maneuvering behind the scenes at the Supreme Court changed the eventual outcome of the his case Clay v. United States. Recently, he sat down with “Miranda Warnings” host David Miranda to talk about his research and the impact of the 1971 U.S. Supreme Court case.

“Ali changed the fight game, and he impacted life as we know it today, race relations, respect for the individual,” Brown said. “With respect to draftees, he limited the ability of government to mandate who was eligible for the draft and who would go to war.”

It’s been a little over a year since Chief Judge Rowan Wilson was sworn in as the chief judge of the State of New York. In this short time, the state’s highest court has seen changes in how the court operates and the number of appeals it hears. This Miranda Warnings Roundtable episode centers on the changing face at New York's Court of Appeals, its highest court. Host David Miranda is joined by Albany Law professor Vin Bonventre and political strategist Liz Benjamin.

The U.S. Supreme Court continues to make news with its decisions this spring on issues from presidential immunity to the role federal agencies play in making and enforcing government regulations.

The Miranda Warnings Roundtable tackled these and other questions during a lively podcast this month.

The panelists, Vin Bonventre, a professor of constitutional law at Albany Law School, and communications and political strategist Liz Benjamin started the discussion by reacting to the court’s decision on presidential immunity from criminal prosecution.

Jeff Zaino discusses the current trends in the field of arbitration and looks to the future on issues ranging from technology, use of AI and the continuing need to attract diverse talent to the profession.

Zaino joined "Miranda Warnings" podcast host David Miranda for a wide ranging interview.  Calling himself "the original JZ", Zaino shared his wealth of experience in the field he has loved for more than 30 years.

President Domenick Napoletano’s humble background inspired an uncompromising work ethic that has shaped the defining moments of his professional journey. He shares his vision and priorities for the year ahead. 

President Richard Lewis reflects on his groundbreaking year leading the organization and handling issues including antisemitism, changes to affirmative action and threats to funding for important legal services programs. He also shares how the year has changed him both personally and professionally.

 In this month's episode of "Miranda Warnings Roundtable," our panel of experts engage in a lively discussion about the state Senate's rejection of Governor Kathy Hochul's chief judge nominee and the political ramifications. 

Over the next two episodes of Miranda Warnings, David will be speaking with defense attorneys and attorneys involved in civil lawsuits against disgraced Hollywood producer Harvey Weinstein.

Arthur L. Aidala, Esq. and Hon. Barry Kamins are a part of the team that represented Harvey Weinstein, in his defense against six felony sexual assault and rape charges. They talk to David about how their firm became involved representing Weinstein and the challenges that occur representing such a high-profile and notorious defendant. They also discuss some of their strategy behind their attempt to change the venue, why asked for a new judge and the debate about whether or not Mr. Weinstein should testify.

Miranda Warnings is hosted by NYSBA’s 118th President David Miranda.

Voters in New York State will have a constitutional amendment on the ballot this November. Will they decide to add an equal rights amendment offering protection against discrimination based on gender, national origin, sexual orientation and other factors? In this episode, host David Miranda dives into the issue with the New York State Bar Association's Women in Law Section chair Kimberly Wolf Price. 

Host David Miranda is joined by political strategist Liz Benjamin and law professor Vin Bonventre to analyze the recent decision by the NYS Court of Appeals on how the state of New York draws its congressional district boundaries. Listen to the spirited conversation covering the decison, the dissent and the possible political implications of this ruling. 
 

The Miranda Warnings roundtable's December episode takes a critical look at the first cases in the 2023-24 term heard by the state’s highest court. The panel analyzes recent arguments dealing with when a suspect is in custody and should be read Miranda rights and whether police can stop a bicyclist in the same manner as a motorist.

The episode was recorded on Dec. 1 shortly after the death of U.S. Supreme Court Associate Justice Sandra Day O’Connor. Albany Law School professor and court watcher Vin Bonventre recounted O’Connor’s wisdom.

“She was a justice that really considered the practical realities. What are the impacts of the decisions of the court on real life on real human beings, whether we're talking about affirmative action, LGBTQ rights, and the separation of Church and State,” said Bonventre. “She was the swing vote on the court. She was a Conservative Republican, but she wasn't insane, she had a great deal of common sense. You look back at most of her decisions and say, boy, they were wise, very, very wise.”

Political strategist Liz Benjamin reminds listeners not to forget the groundbreaking appointment of O’Connor to the court by President Ronald Reagan more than 40 years ago.

“She had a very fascinating career. You look at the bench now and you don’t think to yourself there was a time when there weren't women on this bench,’” she said. “Her breaking of the glass ceiling on the highest court in the nation is an accomplishment that we don't think about enough. It's worthwhile reading her obituary and remembering all that she accomplished. “

Past NYSBA President and host David Miranda turned the attention to the New York State Court of Appeals, which has seen an increase in its caseload in the four months since Chief Judge Rowan Wilson assumed leadership of the court. Bonventre detailed his research for an upcoming article on the changes at the court.

“I found that the court's caseload has increased by almost 50% since Chief Judge Wilson has been in charge of scheduling oral arguments,” he said. “Wilson has made it clear, while he was associate judge, and made it clear during his interviews for chief judge, that he thought the court ought to be hearing more cases, and they certainly are.”

The New York State Bar Association’s latest episode of its “Miranda Warnings” podcast features an interview with Alan Barinholtz talking about his newfound stardom and the success of the comedy series” Jury Duty.”

Barinholtz plays judge Alan Rosen in the 8-part series streaming on Amazon’s Freevee channel. The show examines what it’s like to be on a sequestered jury during a civil liability case. In the show, however, all of the people are actors except for one juror named Ronald Gladden. He thinks the trial is real and he is part of a documentary on what it’s like to serve on a jury.

It may surprise viewers to learn that Barinholtz is a practicing attorney in Ohio and Illinois with a career spanning 40 years in personal injury litigation. He chose to pursue law after spending a few years after college trying to make it as an actor and standup comedian. Now the 72-year-old is back at it and loving every minute of it.  He is as surprised as anyone about the success of the show, which garnered 4 Emmy nominations this month.

“In my wildest dreams, I never imagined that it would take off the way it has taken off,” he said. “For the life of me I don’t think anyone thought it would catch fire like it did. “

His sons, accomplished actors and writers Ike and Jon Barinholtz encouraged their dad to audition for “Jury Duty” when he was visiting the family in Los Angeles in late 2021. They submitted a video audition and Barinholtz secured the role a month later.

In the podcast episode, Barinholtz provides a behind the scenes perspective on what it was like to work on the production, mixing scripting with improv and endless hours of rehearsal. He tells host David Miranda about the one scene where he nearly lost his composure.

“When Todd the eccentric inventor comes in with the chair pants, I started chucking and did all I could to keep from cracking up,” he said.

Hear more about the behind the scenes work with the cast, crew of Jury Duty, and Barinholtz's perspective on the current SAG-AFTRA strike in this episode of Miranda Warnings.

From assigned counsel rates, to the repeal of Judiciary law 470, and Clean Slate, the Miranda Warnings Roundtable dissects the wins and losses of the session which just wrapped up this week. 

Dick Lewis sits down with host David Miranda to lay out the vision for his term as president of the New York State Bar Association. HIs priority is to help remove the hurdles that prevent lawyers around the state from fully realizing their potential to succeed professionally while serving clients and expanding access to justice.

Former New York State Court of Appeals Judge Albert Rosenblatt joins David Miranda to discuss his book "The Eight: The Lemon Slave Case and the Fight for Freedom". The book details the case of 8 slaves granted freedom by the New York Courts when they arrived in New York harbor. The slaves were property of a Virginia family traveling to Texas by ship which docked in New York.   

Touro Law Professor Patty Salkin discusses the increase in lawyers leading academic institutions and how it is opening new career paths for lawyers. 

Technology can both help and hurt in the cause of justice. In a fascinating conversation, Vivian Wesson shares how artificial intelligence and facial recognition are being used in both criminal and civil law.   

Past presidents David Miranda and Hank Greenberg discuss a pivotal time in history for America, the world and the New York State Bar Association. Shortly after its founding, the association was at the forefront of international politics leading an effort to establish a world court where nations could arbitrate differences to prevent war.  

David Miranda, Albany law professor Vin Bonventre and political strategist Liz Benjamin discuss Governor Hochul's nomination of Hector LaSalle for Chief Judge of the Court of Appeals and the State of New York. 

We have an election 2022 wrap up on this episode of Miranda Warnings Roundtable. Despite a closer than usual race for New York State Governor Kathy Hochul and the democrats swept statewide offices in November. On the federal level, the predicted red wave never happened.

Democrats may actually gain a seat in the U.S. Senate and end up with a close minority in the House of Representatives.

This may be the best midterm for the democrats with a democrat in the White House. Since John Kennedy, the democrats were aided by a the Supreme Court decision in Dobbs.

It could have been even better for the democrats in Congress or it not, for the New York Court of Appeals Decision in Harkenrider rejecting the Legislature's redistricting proposal and influencing the four New York House seats that flipped Republican.

Join host David Miranda and guest Liz Benjamin and Vin Bonventre for a lively discussion. 

On this episode of Miranda Warnings, host David Miranda and guest Albany Law Professor Vin Bonventre look at the great dissenting opinions of the last 40 years in New York State's highest court.

The 30 minute podcast covers issue that still resonate today like the freedom to marry, patients rights and a suspect's rights during police interrogation.  Bonventre says a dissenting opinion has a greater impact since the judge is making a public statement in opposition to the majority opinion of the court.

"They are extremely revealing. Now. Why? Because the dissenter is announcing to the public. 'My colleagues are wrong  I've lost! I'm expending judicial capital. I probably hurting feelings Right? I'm the loser in this case. But I'm hoping that the public, the legislature, maybe the court in the future will correct what my colleagues have done today.'"

Listen to the lively discussion her and check out the full article "The Great Dissents" at nysba.org.

From affirmative action to voting rights and the regulation of the pork industry, the roundtable panel takes on all the issues before the U.S. Supreme Court this term. Check out the lively discussion right here. 

The Johnny Depp v Amber Heard defamation trial did more than fill the gossip columns in the tabloids. The case demonstrated the expanded use and power of social media often by third parties not involved in the actual case. The latest episode of "Miranda Warnings", host David Miranda breaks down the trial and the effects that social media use had in the case and in the court of public opinion.

Joining him in the discussion is Scott Malouf, a social media attorney in the Rochester area, who focuses on all things social media for lawyers and business clients. Debra Hamilton, from Westchester County, specializes in mediation involving clients and their pets. The two recently co-authored an article in the New York State Bar Journal on the case.  

The Depp v Heard case was unique in that it was not only involving two celebrities, but televised in real time from a Virginia courtroom. Both guests say the coverage started small and as it grew, took on a life of its own.

"Small influencers were watching the case starting to comment on it and getting a lot more traction which means more ad revenue," said Malouf. "Some of influencers said they supported Johnny because that content did better. It had nothing to do with who was winning and I think for litigants and organizations that’s a really tough and scary prospect."

Debra Hamilton says attorneys have a tough job balancing what is right for their clients and trying to prevent an outside party from affecting the case. "We are in the business of helping our clients solve issues however if they get involved in social media and third parties get involved in carrying their water so to speak in social media it can really escalate."

Miranda Warnings host David Miranda is joined by NYS Court of Appeals expert and law professor Vin Bonventre and political strategist Liz Benjamin. The Roundtable guests discuss recent efforts to influence the commission considering candidates for Governor Hochul to nominate to the NYS Court of Appeals. They also break down the winners and losers in the summer primaries and look forward to the general election in November.  

New York State Bar Association General Counsel David Miranda hosts a lively roundtable with political strategist Liz Benjamin and constitutional law professor Vin Bonventre. They discuss the swing to the right of the US Supreme Court through its rulings handed down in the Spring of 2022.  

Rulings on reproductive rights, gun rights and religious rights were just three of several issued the court decided this term. Liz Benjamin says no one should be surprised that the court moved to the political right. 

"They have been chomping at the bit for years to do this. This is exactly what conservatives, I will say in their brilliance, have always played the long game. The conservatives have been playing chess while the democrats or liberals play checkers." 

Professor Bonventre says a Justices may change over time and it's a move we have seen before.  "The same thing that happened to Sandra Day O’Conner and Anthony Kennedy has already happened with the Chief Justice pushing him over to the left. I think the same thing’s going to happen to Kavanaugh, maybe also to Amy Coney Barrett." 

Join us for this lively discussion each month on Miranda Warnings: Roundtable.  

"Miranda Warnings" host David Miranda is joined by Albany law professor and constitutional scholar Vin Bonventre and former journalist and political strategist Liz Benjamin. The roundtable discuss the recent resignation of Chief Judge Janet DiFiore and what is next for the state's highest court.  

In June, the U.S. Supreme Court struck down part of the New York State Law governing the process to obtain a conceal carry permit for a firearms.

In the case of the New York State Pistol and Rifle Association v Bruen, the high court found that the “probable cause” language in New York’s law was unconstitutional, ruling that part of the law was in violation of the second amendment.

In response, Governor Kathy Hochul called the state legislature back into session to pass new state laws dealing with conceal carry permits. 

The new laws restrict where concealed weapons are allowed, require background checks before buying some types of ammunition and provide changes the laws dealing with locking your weapon in your home or car.

Host David Miranda is joined by New York State Bar Association member Peggy Finerty. She is a partner at Getnick and Getnick in New York City. She is a member of the Committee on the New York State Constitution and the co-chair of the Task Force on Mass Shootings and Assault Weapons.

The two discuss the current legislation to address the conceal carry rules in the Bruen case.

David Miranda took on the issue of cameras in the court and access by the public and the media in this week's episode of his podcast "Miranda Warnings."

The issue came back into the public eye recently with several high profile trials like Kyle Rittenhouse, Derek Chauvin and the Johnny Depp v. Amber Heard defamation case.

The New York State legislature also took up the issue of New York's law governing cameras in the courts during the legislative session. In March, Senator Brad Holyman introduced  S792A in the New York State Senate to repeal two parts of the judicial law and civil rights law in New York which deal with allowing cameras in New York courts. There is a companion bill in the New York State Assembly. The bills are still in committee in the legislature. If passed, the bills would give widespread access in the trial courts.

Currently, some media coverage is allowed at the local and county court level if approved by the presiding judge. Judges often allow coverage of arraignments, opening and closing statements, verdicts and sentencings. Under current New York State law, cameras are not allowed to record testimony.

Cameras are allowed at the appellate and court of appeals levels. In those cases there is no testimony, only arguments before a panel of judges.

In the podcast, hear a spirited debate between Daniel Novack and Norm Effman.

Novack is the Associate General Counsel at book publisher Penguin Random House. He is the Co-chair of the New York State Bar Association Media and Law Committee. He supports wide access for cameras in the courts.

Norm Effman is the public defender in Wyoming County and the Executive Director of the Wyoming County Attica Legal Aid Bureau. He is a member of the bar associations criminal justice section and a past member of the NYSBA Executive Committee. He is also a former chair of the mandated representation committee.  Effman believes that there should be restrictions on camera use and that defense counsel should have the right to veto camera use.

During the lively conversation both guests discussed issues such as the public access to courts, the right and protections of witnesses and the rights of the accused. The two guests also discussed issue such as implicit bias and holding public officials accountable.

Sherry Levin Wallach, the 125th President of the New York State Bar Association discusses her priorities as she begins her term. She is focusing on the issues of membership growth and the future of practice in New York. What will legal practice look like going forward in a post-pandemic New York? How can we combat isolation, reconnect and handle mental health challenges facing both clients and their attorneys. Wallach also touches on issues of equal justice for Americans living in US territories and sentencing reform when she joins David Miranda for Miranda Warnings. David Miranda is a past president of the New York State Bar Association and its current General Counsel.   

New York State Bar Association President T. Andrew Brown joins Miranda Warnings to discuss his term as president, guiding the organization through COVID, and taking on major social issues. The 124th President of NYSBA discusses how he raised the profile of the organization through taking on injustice, advancing the organization internationally and providing members support through the pandemic. 

In a special edition of Miranda Warnings Supreme Court expert Prof. Vincent Bonventre and political insider Liz Benjamin discuss the leak of the Supreme Court's draft decision on abortion.

Vincent Bonventre is a recognized Supreme Court expert and Justice Robert H. Jackson Distinguished Professor of Law at Albany Law School.

Liz Benjamin is managing director at Marathon Strategies and is former host of Capital Tonight a nightly political telelvision show out of Albany, NY. 

You can read he full transcript here. 

Author, journalist and Supreme Court expert Linda Greenhouse discusses the court's conservative transformation and her book "Justice on the Brink."
 
Pulitzer Prize winner Linda Greenhouse shares her deep understanding of the Supreme Court and lays out how the institution has gone from being seen as above the political fray to being a deeply political institution.
 
Her book "Justice on the Brink The Death of Ruth Bader Ginsburg the Rise of Amy Coney Barrret, and Twelve Months That Transformed the Supreme Court" is available through Random House. 

New York State Senator Gustavo Rivera discusses the success of charitable bail funds, bail reform and parole reform in this lively episode of Miranda Warnings.

Rivera, who is chair of the Senate's Health Committee also discusses the state's approach to the COVID-19 pandemic and vaccine mandates. 

On this week's episode Judge Robert E Bacharach of the United States Court of Appeals 10th District discusses his book  "Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word." Bacharach discusses how lawyers can craft their arguments to have the most impact in the courtroom.

You can order the book here. 

This week on Miranda Warnings defense attorneys J. David Hammond and Melissa Swartz discuss their succesful efforts to exonnerate Anthony Broadwater who served 16 years in prison for the rape of author Alice Sebold. The attorneys detail how a producer on a film adaptation of Sebold's book started to doubt Broadwater's guilt which lead to a reopening of the case. 

Hammond and Swartz detail their legal efforts and Broadwater's reaction to Sebold's apology. 
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This week David Miranda and Vincent Bonventre dive into the many substantial cases facing the Supreme Court this term, including a case involving New York's gun laws and abortion access. Bonventre examines Chief Justice Roberts' evolving role as a moderate voice.  

Bonventre is the Robert H. Jackson Distinguished Professor of Law at Albany Law School and this is his 7th appearance on the Miranda Warnings podcast.

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Manhattan District Attorney elect Alvin Bragg, the first Black man elected to the office, chats with David Miranda about the challenges facing his office, the reforms he wants to make and major investigations involving President Donald Trump’s businesses and Malcom X.  

Abrams who served as attorney general from 1979-1993, talks about how he viewed his position as a way to do important work for the people of New York as well as talking about his legacy and who he sees as the person in New York politics that continues to carry on his legacy.

He shares more stories from his new memoir, The Luckiest Guy in the World: My Journey in Politics, including how kept the New York Yankees from moving to New Jersey by convincing former NYC Mayor John Lindsey to include $24 million in the budget to repair Yankee Stadium and what prompted him to run for elected office for the first time in the late 1960's.

Miranda Warnings is taking a break. Be back with more episodes in June 2021. 

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McGhee, the former president of the think-tank Demos, discusses the costs racism has for white people and how it continues to be the common denominator of our most vexing public problems, the core dysfunction of our democracy and constitutive of the spiritual and moral crises that grip us all.

She details the history of towns and cities across the country shuttered public pools rather than integrate them and explains how what she calls the 'Solidarity Dividend', gains that come when people come together across race, to accomplish what we simply can’t do on our own, is the path for America's multi-racial society to fully thrive.

You can purchase The Sum of Us, here.

Cohen, a partner at Morrison and Foerster in New York talks about her experience prosecuting former New York Assembly Speaker Sheldon Silver, while she was an Assistant U.S. Attorney for the Southern District of New York. She also reveals the two big mistakes that Silver made, which ultimately led to his conviction on felony charges. 

Cohen also discusses the recommendations of the NYSBA Task Force on Domestic Terrorism and Hate Crimes, which were adopted by the NYSBA House of Delegates in June 2020. She discusses the tools that law enforcement needs to help stem the rise in Anti-Asian and Anti-Semitic crimes and details what it takes to elevate a crime to a hate crime.

She also talks about how federal prosecutors investigate a target, how they become aware they’re under investigation and what TV shows get right or wrong about life as an attorney. 

Santiago who is a member of the law firm Hurwitz and Fine also discusses how systemic racism has an impact on education, which has been exacerbated over the past year due to the COVID-19 pandemic and subsequent school closures. She also shares some ways which these problems can be solved.

Santiago also chairs NYSBA’s Committee on Diversity and Inclusion which created a 28-Day Racial Equity Challenge during the month of February, she talks about some of the lessons people can learn from taking part in the challenge. She gives some tips for people to recognize and interrupt implicit biases.

She also discusses the challenges the legal industry faces in the Diversity, Equity and Inclusion space and how law firms can take steps to improve the number of BIPOC attorneys that are in their leadership ranks. 

Miller, NYSBA's 121st President and Minkoff, a partner at Frankfurt, Kurnit, Klein & Selz, lay out the details of their complaint against Guiliani in their first in-depth interview on the matter.

Miller talks about why he felt compelled to file a complaint after his belief that Giuliani's behavior warranted this act was validated by leaders from New York's organized bar. Miller also passionately talks about the reasons why lawyers who fail to live up to the rules of professional conduct do a disservice not only to their fellow lawyers but the public as well. 

Minkoff, who has decades of experience representing attorneys in grievance hearings, details the step-by-step process this complaint will go through in NY's Appellate Division 1st Department and explains why Giuliani's behavior representing former President Donald Trump is so dangerous. 

Prof. Mukhurjee is the director of the Immigrants’ Rights Clinic at Columbia Law School. 

She shares what she witnessed at the border, including the deplorable conditions children were being kept in and what is happening to reunite the over 500 children that have been separated from their parents. 

She then discusses her involvement in a case involving forced sterilization of detainees in Georgia. 

They take a deep dive into the cases against the USPS and Donald Trump and their potential impact on infringing on the voting rights of millions of Americans. 

We also talk about the disastrous consequences of Shelby County vs. Holder a case that stripped key provisions from the 1965 Voting Rights Act.

Professor Bonventre also discusses how the role of Chief Justice John Roberts will evolve once again, now that there is a 6-3 conservative majority on the Supreme Court. He also previews some of the cases the court is likely to decide on this term, including LGBTQ rights and gun rights.

On a more light-hearted note, Bonventre also reveals what Alicia Keys, Jon Bon Jovi, Dr. Fauci and his Grandfather all have in common.

Bonventre is the Robert H. Jackson Distinguished Professor of Law at Albany Law School and this is his 6th appearance on the Miranda Warnings podcast.

You can read his latest article from the NYSBA Journal here.

Figliuzzi also discusses the intelligence failures in the run up to that fateful day and how politics may have played a factor into why the Capitol was left unprotected.

He is also the author of the
new book The FBI Way: Inside the Bureau’s Code of Excellence and he shares some stories from his FBI days, the FBI’s core values and how James Comey failed to live up to one of Figliuzzi’s “Seven C’s.”

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On his fourth day in office, Rep. Mondaire Jones (D-NY) was on the floor of the House of Representative with members of the Democratic Party leadership, listening to what had been, until Jan. 6, 2021, a routine part of the peaceful transfer of power between outgoing and incoming administrations. Before long, he and other members of Congress were told that there had been a breach and that insurrectionists were likely headed to the room where they were standing.

“There was no confidence on my part that I would make it out of that room without having to encounter the domestic terrorists who sieged the Capitol,” Jones said on a recent episode of the Miranda Warnings podcast. “I was preparing along with Rep. Collin Allred from Texas, a former NFL player, to do battle in the event they were able to take the chamber.”

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Smith discusses the role NFL players can take within their communities by getting involved in the political process as well as some of the tangible things players have negotiated with NFL owners including using several NFL stadiums as polling sites, giving the players off on Election Day and how proud he is of players continuing to find ways to protest.

They also discuss how the NFL put together an actionable mass testing and contact tracing program and juxtaposes his response to the pandemic to that of President Trump.

Smith, who prior to his role at the NFLPA, was a federal prosecutor and former counsel to then-Deputy Attorney General Eric Holder, also discusses how in his view, Attorney General Bill Barr has run the department into the ground and has continued to assault the rule of law.

Miranda Warnings is hosted by NYSBA's 118th President David Miranda.