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Joe Rogan Experience #2287 - Josh Dubin & J.D. Tomlinson

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 J.D. Tomlinson is a lawyer and was previously Lorain County Prosecutor in Ohio. https://www.freetheohio4.com/

J.D. TomlinsonguestJosh DubinguestJoe Roganhost
Mar 10, 20252h 1mWatch on YouTube ↗

At a glance

WHAT IT’S REALLY ABOUT

Wrongful Convictions, Political Lawfare, and One Prosecutor’s Change of Heart

  1. Joe Rogan speaks with civil-rights attorney Josh Dubin and former Lorain County, Ohio prosecutor J.D. Tomlinson about the “Ohio Four” – four Black men they argue were wrongfully convicted of a 1990s double murder based almost entirely on a paid informant’s false testimony.
  2. Dubin details decades of ignored recantations, exculpatory evidence, and federal court findings of likely innocence, while Tomlinson explains how, after deeply re‑reviewing the case, he agreed the men deserved new trials and moved to vacate their convictions.
  3. Tomlinson then describes how his earlier exoneration of two other defendants and his willingness to admit error made him political enemies, culminating in what he calls a bogus felony case and coordinated effort to derail both his career and the Ohio Four’s relief.
  4. The conversation broadens into systemic problems: prosecutorial immunity, political pressure, the grand jury system, bias against defendants (especially people of color and the poor), and ideas for structural reforms and independent case review.

IDEAS WORTH REMEMBERING

5 ideas

Single‑witness cases with no physical evidence are high‑risk for wrongful convictions.

The Ohio Four convictions hinged almost entirely on testimony from informant William Avery Jr., whose story contradicted physical evidence, evolved under pressure, and was later recanted multiple times – yet still sent four men away for decades.

Prosecutorial immunity and culture make it extremely hard to correct miscarriages of justice.

Even after the FBI documented Avery Jr.’s recantation and a federal court called Cleveland’s innocence claim “credible,” local prosecutors and judges resisted hearings or new trials, and those who push for exonerations often face institutional retaliation.

Political power struggles can distort criminal justice decisions.

Tomlinson describes being charged with three felonies just before an election by a sheriff’s office that had hired his political rivals, while key exculpatory texts were withheld until after the vote – illustrating how prosecutions can be weaponized as “lawfare.”

Reform‑minded prosecutors need defense experience and the courage to admit error.

Tomlinson argues that having defended many clients, including innocent ones, made him more open to seeing wrongful convictions and publicly apologizing—something Innocence Project leaders say almost never happens from sitting prosecutors.

Racial and socioeconomic context heavily shape who gets targeted and believed.

Dubin emphasizes that four Black, out‑of‑town drug dealers in a mostly white area became convenient suspects in a brutal murder, and that America’s caste‑like racial history and segregated poverty create predictable patterns in whom the system fails.

WORDS WORTH SAVING

5 quotes

“If you just give me a date, I wanna come down and I wanna just show you—you now know what this is like. Imagine going through this for 30 years.”

Josh Dubin

“When I reviewed two cases from this assistant prosecutor, I found that six people were wrongly convicted and did about 162 years in prison. That’s two cases, Joe.”

J.D. Tomlinson

“If you allow the system to unjustly accuse and prosecute people for crimes that are demonstrably false, that’s very un‑American… you’re kind of ruining everyone’s faith in what this thing is supposed to be.”

Joe Rogan

“We’re getting in this dangerous territory where we’re having to prove their innocence. And that’s significant, because that is not the standard.”

J.D. Tomlinson

“How many moments are there when you have the ability to impact other human beings in a way to set them literally free, and to end the most unfathomable of nightmares?”

Josh Dubin

The Ohio Four case: facts, faulty informant testimony, and recantationsJ.D. Tomlinson’s journey from prosecutor to exonerator and political targetSystemic issues: prosecutorial immunity, grand juries, and lawfareRacial and class dynamics in wrongful convictions and drug policingThe Nancy Smith & Joseph Allen exonerations and institutional backlashTension and collaboration between defense attorneys, prosecutors, and policePotential reforms: independent review panels, accountability, and culture change

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