Hear about the cases, issues, and tactics advancing IJ’s fight for freedom—directly from the people on the front lines. Beyond the Brief explores the legal theories, strategies, and methods IJ uses to bring about real world change, expanding individual liberty and ending abuses of government power. Each episode gives listeners an in-depth, inside look at how—and why—we do what we do.
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It’s legal to travel domestically with any amount of cash. It’s legal to travel in and out of the U.S. with more than $10k if you declare it. But that doesn’t stop law enforcement from searching travelers’ property and seizing any cash they find without warrants or evidence of a crime. Today we talk with IJ attorneys Jaba Tsitsuashvili and Ben Fiel…
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To Serve, Protect, and…Fish for Cash? Bogus Traffic Stops Violate 4th Amendment
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On a typical day, police officers pull over more than 50,000 drivers. If you’ve had a recent encounter with police, chances are good it was during a traffic stop. Traffic stops can lead to searches, arrests, and worse, yet they seldom involve a [search] warrant. So how did vehicles become Fourth-Amendment-free zones? Today we are joined by Josh Win…
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Speaking for a Living and the First Amendment
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The freedom of speech protected by the First Amendment is a foundational and cherished right that sets America apart from other constitutional democracies. Many people think of the First Amendment in the context of controversial speech on highly politicized issues. But did you know that some of the most important free speech cases today involve unc…
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Will the Supreme Court Finally Curb Civil Forfeiture? Maybe.
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As our listeners probably know, civil forfeiture is legal practice that lets the government take and keep your property by claiming it’s connected to a crime, without needing to convict anyone. You can lose your property even when the government agrees you’re innocent. Recently, the Supreme Court decided an important forfeiture case. While the outc…
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Imagine a SWAT team raids a house—battering doors, breaking windows, and coating everything inside with tear gas residue. Now imagine the SWAT team had the wrong address. Who do think would pay for the damage? If you said insurance, you’re probably wrong. If you said the city, you’re probably also wrong. Today, IJ attorneys Jeff Redfern and Dylan M…
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FBI Commits the Largest Armed Robbery in American History
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In March 2021, people entered a private security-deposit box company in Beverly Hills, CA, broke open hundreds of boxes, and indiscriminately seized their contents – collectively worth over one hundred million dollars. Box holders lost their life savings, family heirlooms, important documents, and more. But the people who took their property weren’…
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IJ Client Fulfills Dream of Helping Others–Overcomes Permanent Punishment Law
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We like to think of America as a land of opportunity and second chances. But what happens when a web of government restrictions prevents someone from earning an honest living due to past mistakes? Today we’re talking with IJ Attorney Andrew Ward, and Rudy Carey, a substance abuse counselor and former IJ client. We discuss so-called “permanent punis…
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Why Holding Feds Accountable is (ALMOST) Impossible
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If a federal official violates your rights, is it impossible to hold them accountable? In this episode, we talk with IJ senior attorneys Anya Bidwell and Patrick Jaicomo, leaders of IJ’s Project on Immunity and Accountability. We discuss some outrageous cases of abuse by federal officials, why it’s so hard to sue the Feds, and what IJ is doing to c…
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Ruling Lets Gov’t TRESPASS on 96% of PRIVATE Land in the U.S.
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Your home is supposed to be your castle. But what about the land your castle sits on? We discuss why it is that most private land in America gets no protection from warrantless government surveillance. We are joined by IJ attorney and co-director of IJ’s Project on the Fourth Amendment, Josh Windham. https://youtu.be/jN-VEE7fAEs related report Good…
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What can Americans do if the government retaliates against them for speaking out? Today we’re going to discuss real world examples of governments retaliating against citizens for speech they don’t approve of. We are joined by IJ Attorneys Kirby Thomas West and Ben Field. https://youtu.be/Yhji-Uyn23YBy Institue for Justice
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Qualified Immunity Protects the FBI, Your Mayor, and ALL Officials. Not Just Police.
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Does qualified immunity actually accomplish what the Supreme Court intended? Kim Norberg and co-host Keith Neely discuss qualified immunity and how it plays out in the real world. IJ Senior Attorney Bob McNamara and data scientist Jason Tiezzi join to discuss Unaccountable, IJ’s new report that examines qualified immunity by the numbers.The report …
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Unbeknownst to parents, a portion of their baby’s blood remained unused after a standard screening was complete. And New Jersey had unilaterally decided that it could keep that blood for 23 years. Even worse, New Jersey, along with other states, believed it could use that blood however it saw fit, whether that be selling it to third parties, giving…
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Deep Dive is now becoming Beyond the Brief. We will still bring you the same great IJ-related content as before, but now in a studio setting. Stay tuned.By Institue for Justice
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Will the Supreme Court Limit Police Power to “Stop and Frisk”?
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Why so-called Terry stops are a threat to essential Fourth Amendment rightsBy Institue for Justice
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These Inspectors Think “Open for Business” Means “No Warrant Required”
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In Ohio, wildlife inspectors think that the law gives them permission to come into private businesses without permission—no probable cause or warrant requiredBy Institue for Justice
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When Can Your Past Bar You From a Job—And When Should It?
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In Virginia, any one of 176 so-called barrier crimes can disqualify a person from work in certain occupations for life—no matter how old the conviction, how unrelated it is to the work the person desires to do, or how little it reflects the person’s fitness today. These laws kept IJ client Rudy Carey from fulfilling work as a substance abuse counse…
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In Wilmington, Delaware, any car with more than $200 in outstanding fines can be towed by private towing companies. Vehicle owners have no way to contest the tickets or seizure without first paying the city everything it demands in parking tickets, fines, fees, and penalties. If they can’t afford to pay in 30 days, the companies get to scrap their …
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IJ at 30: IJ President Scott Bullock on the Cases and Clients that Changed IJ and the Law (A Deep Dive Best Of)
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Before he was IJ’s president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as a litigator, from the first case he litigated on behalf of African hairbraiders in Washington, D.C., to arguing at the 5th Circuit that Benedictine monks should be able to earn an honest living selling hand-crafted…
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Will the Supreme Court overturn its infamous decision letting developers take your property?
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Though Susette Kelo’s fight to save her home from her city’s efforts to take it for a private developer ended in 2005, the fight against eminent domain abuse has continued. In today’s show, we revisit that landmark decision and talk about the aftermath and where the biggest eminent domain battles are happening now, from pretextual takings to “commo…
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These People Lost $85 Million in an L.A. Heist…and the Robber was the FBI
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In March 2021, FBI agents broke into private safe deposit boxes at the Southern California business U.S. Private Vaults and—though no individual box owner was suspected of wrongdoing—rifled through and cataloged owners’ belongings, then seized the contents. Property owners are fighting back, and in today’s episode, we talk about what happened, all …
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Cities Caught Extracting Millions From Residents Through Fines and Fees Traps
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In Episode 30 of Deep Dive, we talked about how fines for harmless property code violations could snowball into six-figure debt. All too often, municipalities set up these “taxation by citation” schemes to bolster city budgets—not protect public health and safety. Schemes like this are rife with due process problems, and in today’s episode, we disc…
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Supreme Court Shuts Down Police on Entering Your Home Without a Warrant
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This term, the U.S. Supreme Court issued a unanimous opinion in Caniglia v. Strom, a case about the “community caretaking” exception to the general principle that police need a warrant before entering a home. In today’s episode, we talk about what the government and the property owner argued in that case and what the Court ruled. We also dig into t…
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This Florida Woman Got a $100,000 Fine for Parking in Her Own Driveway
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After Sandy Martinez got a ticket from Lantana, Florida, for parking her car with its wheels slightly outside her driveway and on the grass in her yard, she didn’t know that she was being fined a whopping $250 per day by the town. Weeks later, when she learned about the fines, the bill had accrued to an eye-watering $101,750, and she realized that …
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These Laws Let Your Competitors Decide When Your Business is “Needed”
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When IJ client Abdallah Batayneh tried to open a resort shuttle service in rural Colorado, his application was denied by a state regulatory agency at the same time it assured him that he was “operationally, managerially, and financially fit” to run his company. In today’s episode, we discuss how Abdallah became the victim of an outrageous legal reg…
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Law for Non-Lawyers – Standards of Review (A Deep Dive Best of)
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What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only “rational basis” review? And why do these things matter to a constitutional litigator? Learn all this and more in today’s Deep Dive with the Institute for Justice. This episode originally aired October 29, 20…
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Bitcoin and the Constitution: Is Code Speech?
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Although Bitcoin and other cryptocurrencies are hitting the mainstream, the way the law will treat them is still undeveloped. In this episode, we talk about how and whether the First and Fourth Amendments might apply to cryptocurrency, what kind of protection they offer, and ways to make sure the law develops in a way that protects innovation and o…
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“Predictive Policing” Algorithm Creates a Dystopian Nightmare for Residents of This Florida Town
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When the Institute for Justice filed suit against the so-called predictive policing program in Pasco County, Florida, the Sheriff’s Office issued a statement saying that their program is not “in any way, shape or form the ideals or implementations projected in the film ‘Minority Report.'" But in this episode of Deep Dive, we discuss the chilling re…
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Talking to a Client in the Wrong Location Makes This Counselor a Criminal
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Elizabeth Brokamp is a professional counselor who just wants to help people at a time when many Americans need it more than ever. But if the Virginia resident tries to talk with clients just miles away in D.C., she will cited and fined for making a Zoom call. In today’s show, we talk about what she’s doing to fight back, and why her case is a cruci…
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Uses (and Misuses) of Amicus Briefs | (A Deep Dive Best Of)
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IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ—and others—use them for maximum impact.By Institue for Justice
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Censorship, Dangerous Speech, and Monopolies
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Big technology companies like Google, Twitter, and Facebook have come under scrutiny for the ways they are—and are not—controlling speech on their platforms. In today’s show, we talk with two IJ senior attorneys about some of the most common concerns people have about these companies, from free speech considerations to the ways they supposedly act …
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Security Guards Assault Innocent Vet at the VA—and Claim Immunity
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What should have been a routine dental appointment at his local VA took a frightening turn for 70-year-old Jose Oliva when security guards tackled him and threw him to the ground, injuring and humiliating him. When he sought to hold them accountable for their outrageous behavior, he found that the law protected those who abused their power—not him.…
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This Is What Happens When States Abolish Civil Forfeiture
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In 2015, New Mexico abolished a controversial practice known as civil forfeiture. Critics of the reform claimed it would be a gift to criminals, increasing crime and making it harder for police to do their jobs. In this episode, we talk about what things look like in New Mexico now, five years post-reform. We also dig into the broader findings of n…
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Qualified Immunity: Are Government Officials Above the Law? (A Deep Dive Best Of)
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Over the past several months, a national spotlight has been on the doctrine of qualified immunity. Although much of the recent focus has been on police misconduct, immunity shields all governmental workers: from city council members to code inspectors to IRS agents to cops on the beat. That’s more than 20 million people employed by local, state, an…
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Property Rights and Homeless Shelters—What Has the Supreme Court Said?
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The Catherine H. Barber Memorial Homeless Shelter is the only option for people experiencing temporary homelessness in all of Wilkes County, North Carolina. It’s been serving the community there for more than 30 years, and its record is exemplary. But when the shelter tried to apply for a permit for a new building in an ideal location (near busines…
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When Can the Government Lock You in Your House? (A Deep Dive Best Of)
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With new lockdowns happening all over the country and internationally, we want to revisit the government’s use of police power. Just what does your state have the power to do to protect public health and safety—and when and how can it exercise that power? (Episode originally aired on 04/03/20.)By Institue for Justice
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City Officials Threw an Elderly Woman in Jail for Criticizing Them—Then Claimed Immunity
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Special investigators, trumped up charges, and a night in jail. What happened to Sylvia Gonzalez is truly outrageous—and the local government’s reaction to her efforts to hold them accountable is even worse. In this episode, hear Sylvia’s story and the latest in her fight to ensure what happened to her doesn’t happen to anyone else.…
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Can the Government Require Warning Labels for Veggie Burgers?
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In 2020, debates about veggie burgers and almond milk may sound like small potatoes. But controversies about how the government can regulate the way that companies talk about these foods and other products actually have important implications for free speech. In this episode of Deep Dive, we talk about what the debate is, and why it matters.…
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Most people think they know what “precedent” means in the law, but the concept is actually more complicated than most realize! Precedent is ancient, but when senators are grilling judicial nominees about precedent, are they actually using the concept in a much more modern way? In today’s episode, we discuss the kinds of cases that set precedent, ho…
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California Says These Firefighters Can’t Work—and the Reason Makes No Sense
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Wildfires are raging across the West, and California is grappling with a record-breaking season. Why, then, does the state tell qualified firefighters that they can’t earn a living fighting fires? The state’s irrational law barring people like IJ’s client Dario Gurrola from working isn’t the only one of its kind on the books. Learn more about this …
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How Federal Agents Can Legally Take Your Money at the Airport
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Law enforcement agencies routinely seize currency from travelers at airports using civil forfeiture—a legal process that allows agencies to take and keep property without ever charging owners with a crime, let alone securing a conviction. In this episode, we discuss the real stories of victims of this abusive practice, the new IJ report—"Jetway Rob…
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Did the Supreme Court Just Say States Have to Fund Religion?
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When it handed down Espinoza v. MT Dept. of Revenue this summer, the U.S. Supreme Court added one more facet to a year that has already upended the status quo when it comes to education. In this episode, we discuss where the Espinoza case came from, what the ruling means, and what it really does to the separation of church and state.…
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With an increasing number of parents desperately seeking educational alternatives for the upcoming school year, teachers’ unions and school districts are doubling down on the status quo. Worse, in many places they are moving to take away options that had been available to parents for years. It has never been more clear that the time has come to mov…
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Can the Government Put Cameras on Your Property Without a Warrant?
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Decades ago, the U.S. Supreme Court created the so-called Open Fields Doctrine. The result was an exception to 4th Amendment restrictions on the government’s ability to snoop on Americans. With a new case in Tennessee, IJ is pushing forward a strategy to restore those limits and protect basic property rights. Learn more about the state of the law—a…
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Court Strips Elderly Woman of Her Home and Ruins Her Life
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After a tree fell on her house, IJ client Sarah Hohenberg’s journey through Memphis’ Environmental Court left her bankrupt, homeless, stripped of her possessions, and a fugitive from the law. We discuss how this happened—and how IJ’s new lawsuit aims to end this kind of abuse.By Institue for Justice
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Why Won’t the Supreme Court Hold Police Accountable?
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This term the U.S. Supreme Court closely considered eight different petitions dealing with the controversial doctrine of qualified immunity. Ultimately, it denied them all. In this episode, we talk about what the Court’s decision means for IJ’s fight for police and government accountability—and where we go from here.…
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Can the Government Throw You Out of Work? (Not in Some States!)
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With more Americans out of work than any time in recorded history, whether or not they will be able to earn a living is top of mind for many people. All too often, however, courts turn a blind eye to laws and rules that arbitrarily and unnecessarily shut people out of work. Recent state supreme court decisions indicate that’s starting to change—and…
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Current Legal Challenges to COVID-19 Rules
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We’ve all been watching the unprecedented situation with COVID-19 play out. At IJ, we have a particular interest in what’s happening in the law. This episode discusses the kinds of constitutional litigation we’re seeing, as well as legal avenues that can help make life better now and those that lend themselves to longer term strategic litigation.…
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When Can the Government Lock You in Your House? Quarantines and the Constitution
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As we all deal with the many changes in day to day life brought about by the coronavirus pandemic, have you ever wondered just what the government has the power to do to protect public health and safety—and when and how can it exercise that power? In today’s episode, we discuss government police power and the many circumstances in which it is deplo…
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How Government Officials Can Blow Up Your House with Grenades – and Get Away With It by Claiming Immunity
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Listeners of the podcast who have also listened to IJ’s Short Circuit podcast are probably familiar with the concept of “qualified immunity.” In this episode, we talk about what the term means and how it came to be, as well as what it looks like in practice and why changes to immunity doctrines are essential to protecting individual rights.*Fun fac…
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Before he was IJ’s president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as a litigator, and the ways his cases and clients helped make him and IJ what they are today.By Institue for Justice
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