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Joe Rogan Experience #2228 - Josh Dubin

Josh Dubin is the Executive Director of the Perlmutter Center for Legal Justice, a criminal justice reform advocate, and civil rights attorney. https://cardozo.yu.edu/directory/josh-dubin

Josh DubinguestJoe Roganhost
Nov 13, 20242h 15mWatch on YouTube ↗

CHAPTERS

  1. 0:00 – 4:28

    Fallout from the Sheldon Johnson case and the limits of “second chances”

    Joe and Josh open by addressing the shocking post-release allegation that Sheldon Johnson committed a gruesome murder. They unpack the media blowback, the emotional impact, and the tension between due process (“allegedly”) and disturbing surveillance evidence.

    • Discussion of the alleged beheading/dismemberment and surveillance footage
    • Josh’s insistence on due process despite appearances
    • Joe’s personal experience having hosted Sheldon after the prior episode
    • Josh’s guilt response and the public/media reaction
    • How one case can threaten broader reform work in the public eye
  2. 4:28 – 13:49

    Reassessing reentry: recidivism, trauma, and mental health after long incarceration

    Josh reframes the incident as a harsh reminder that prison causes deep psychological damage and that reentry support is often inadequate. He cites very low recidivism for long-incarcerated people while arguing the system still fails to provide the mental health scaffolding people need to reintegrate safely.

    • Recidivism for people incarcerated 20+ years is described as under 1%
    • Prison trauma and institutionalization as long-tail risks
    • Need for consistent counseling and structured support after release
    • Stigma around therapy, especially in the African American community
    • Josh’s resolve to prioritize assimilation supports (jobs, safety, stability)
  3. 13:49 – 16:14

    Normalizing mental health care inside prison: Derek Hamilton and the Shawangunk town hall

    Josh explains how prison culture discourages therapy and how credible messengers can change that. He describes plans with Derek Hamilton to host a town hall at Shawangunk to encourage inmates to seek counseling without shame.

    • ‘Us-versus-them’ prison mentality blocks treatment engagement
    • Therapy seen as ‘soft’ and avoided for safety/status reasons
    • Town hall plan at Shawangunk (Dec 6) with Derek Hamilton
    • Using lived experience to build trust in mental health resources
    • Institutional efforts to reduce stigma and increase participation
  4. 16:14 – 25:05

    Psychedelic therapy as rehabilitation: from veterans’ PTSD to prisons

    Joe argues psychedelic therapy has strong evidence for PTSD and could help incarcerated people reframe identity and behavior. Josh agrees, contrasting U.S. punishment-focused incarceration with European rehabilitation models and questioning why effective tools remain taboo or inaccessible.

    • Joe’s case for psychedelics: perspective change and trauma treatment
    • Comparison to veteran PTSD treatment and broader public acceptance pathway
    • U.S. incarceration vs. rehabilitative European prison approaches
    • Public perception of therapy as a ‘luxury’ prisoners don’t ‘deserve’
    • Josh’s personal mention of ketamine helping during a dark period
  5. 25:05 – 31:47

    Why drug policy is stuck: Nixon-era scheduling, propaganda, and COINTELPRO

    They trace modern resistance to psychedelics to the Nixon-era scheduling crackdown and culture-war propaganda aimed at antiwar and civil rights movements. Josh expands into surveillance and social control themes, connecting drug policy, tribal politics, and civil-liberties violations.

    • Schedule I origins tied to political control of protest movements
    • Propaganda-driven stigma around psychedelics and counterculture
    • COINTELPRO as a lens on government overreach
    • Tribal ‘us vs them’ thinking shaping policy and public opinion
    • Calls to read history and broaden perspective to reduce misinformation
  6. 31:47 – 40:24

    Mentors, movements, and truth-telling on race in the justice system

    Josh describes being labeled a “race baiter” and responds by grounding his work in historical context and lived realities of disparate incarceration. He highlights formative influence from legendary defense lawyer Jerry Lefcourt and recommends Ta-Nehisi Coates as a perspective-shifting read.

    • Backlash and hate mail framed as fuel rather than deterrent
    • Jerry Lefcourt stories: Panther 21, intimidation, and acquittal
    • How 1960s cultural shifts triggered establishment pushback
    • Disparate incarceration rates as factual basis for race discussions
    • Book recommendation: Between the World and Me
  7. 40:24 – 44:39

    Lawfare and political prosecutions: Trump cases, media framing, and “no victim” crimes

    The conversation shifts to legal system weaponization, focusing on Trump-related prosecutions and how labels like “convicted felon” are used politically. Josh and Joe discuss perceived weaknesses in the hush-money case, the Mar-a-Lago valuation dispute, and broader impacts of prosecutions on families.

    • Debate over what the underlying crime is in the hush-money case
    • Discussion of pausing/dismissing proceedings and political motivations
    • Mar-a-Lago valuation dispute and ‘no victim’ theory
    • Human cost of prosecution even in white-collar contexts
    • How public narratives shape legitimacy and trust in legal institutions
  8. 44:39 – 1:14:10

    Launching a new advocacy push: the ‘Ohio Four’ case and public-access evidence strategy

    Josh introduces a major wrongful conviction case in Lorain County, Ohio, tying it to a DA who is himself under indictment and newly silent. He explains his plan to publish a detailed submission and exhibits online, inviting the public to review the record and pressure officials directly.

    • Lorain County DA JD Tomlinson’s indictment and political dynamics
    • Four defendants: John Edwards, Lenworth Edwards, Benson Davis, Al Cleveland
    • Strategy shift: bypassing closed-door ‘no media’ CIU constraints
    • Public folder with a 40-page submission and exhibits
    • Call for civic participation: read first, then contact the prosecutor
  9. 1:14:10 – 1:18:40

    The informant story: reward money, shifting testimony, and a case built on sand

    Josh details how the case hinged on William Avery Jr., who repeatedly changed his story and sought reward money. He recounts extortion-like demands to testify, a mistrial, later convictions, and eventual recantations—without forensic corroboration.

    • Reward offer and emergence of a known informant family
    • Tape-recording moment: ‘turn it off’ to discuss reward money
    • Avery Jr. demands $10,000 to testify; jailed; mistrial declared
    • Subsequent new story and testimony across four trials
    • No forensic evidence; prosecution relies heavily on one witness
  10. 1:18:40 – 1:24:49

    Recantation blocked: perjury threats, denied immunity, and the system’s resistance to reversal

    Even after Avery Jr. recants and federal agencies deem him unreliable, the post-conviction process collapses under threats and refusals to grant immunity. Josh uses the hearing to illustrate why courts treat recantations skeptically and why reversing convictions is structurally disincentivized.

    • Secret Service/FBI warnings that Avery Jr. lies for money
    • Evidentiary hearing where judge warns witness he’ll be prosecuted either way
    • Prosecutor and judge refuse to grant immunity
    • Witness pleads the Fifth, then tells the press they’re innocent
    • Broader critique: easy to convict, extremely hard to undo convictions
  11. 1:24:49 – 1:30:28

    Alibis, missing forensics, and tunnel vision: why the Ohio Four shouldn’t be in prison

    Josh lays out alibi evidence (including Daymond John as an alibi witness) and major investigative failures like not collecting/testing a blade near the body or properly processing a purported beating scene. He argues police solved the ‘problem’ by pinning the crime on convenient suspects, leaving the actual murders unsolved.

    • Daymond John testified as an alibi witness for John Edwards/Al Cleveland
    • Victim reportedly seen alive after the alleged murder timeline
    • Cause of death details: throat cut and run over; similar killing of roommate Epps
    • Failure to collect/test key physical evidence (blade) and inadequate scene processing
    • Tunnel vision and ‘easy marks’ dynamic with suspected drug dealers
  12. 1:30:28 – 1:44:05

    How listeners can help: FreeTheOhio4, contacting the DA, and mobilizing public pressure

    Josh and Joe emphasize a concrete call-to-action: review the posted evidence and then contact JD Tomlinson before a deadline. They frame public attention as leverage that can force accountability when institutions stall or act from political fear.

    • Where to find materials: @FreeTheOhio4 and linked exhibits
    • Why public review matters more than soundbites and closed CIU processes
    • Deadline urgency: action window before Dec 31
    • Tactical guidance: informed letters/calls rather than blind outrage
    • Joe’s hope that audience activation can move the case forward
  13. 1:44:05 – 1:54:05

    Living with backlash: filtering noise, audience capture, and staying mission-focused

    They return to the emotional realities of public advocacy—hate mail, misrepresentation, and the psychological weight of controversy. Joe argues for ignoring noise that brings no benefit; Josh describes turning off comments and recommitting to better post-release support structures.

    • Turning off comments/private accounts as self-protection
    • Audience capture from praise vs. damage from hate
    • Importance of focusing on inward course-correction
    • Reentry support examples (medical neglect, disability, humane treatment)
    • Why reform work continues despite occasional high-profile failures
  14. 1:54:05 – 2:10:23

    Truth, misinformation, and political tribalism: context, fact-checking, and media trust collapse

    Josh describes feeling unmoored about what’s true, citing real-time fact checks and viral narratives. Joe argues mainstream media repeatedly spreads distortions, then they debate elections, voter ID, and debate-stage fact-checking—using examples like ‘very fine people’ and troop deployments.

    • Difficulty of maintaining ‘truth’ amid constant narrative injection
    • Example: full-context clip contradicting repeated media framing
    • Debate over election claims, voter ID rules, and evidentiary standards
    • Media asymmetry in live fact-checking and narrative shaping
    • Both agree politics incentivizes fear, backlash-avoidance, and tribal alignment
  15. 2:10:23 – 2:15:04

    Closing: keep doing the work, broaden compassion, and pursue the Ohio Four’s exoneration

    They end by reaffirming the value of Dubin’s reform work and the need for nuance and compassion in judgment. Josh commits to more careful vetting and stronger reentry oversight, while both express hope for future episodes featuring people freed through these efforts.

    • Call for nuance: disagreement doesn’t make someone ‘bad’
    • Politics as backlash-driven and conscience-suppressing
    • Shared hope: exonerate the Ohio Four and eventually host them
    • Joe’s praise for Dubin’s impact on public understanding of justice failures
    • Final reminders to engage with the posted evidence and take action

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