Beyond the Brief

Stealing small businesses’ bank accounts and spying on people using cash. It’s the IRS and other agencies run amok.  Today we’re talking with IJ senior attorneys Dan Alban and Rob Johnson about how the IRS used “structuring” laws to take money from people who did nothing wrong. We’ll also cover IJ’s fight against new rules that sweep ordinary cash transactions into a financial surveillance dr...

Mike DiGiacomo and his siblings turned the basement of their father’s old barbershop building into a barber-themed speakeasy. But their attempt to honor their father became a legal battle when Nebraska’s Barber Board told them to change the name or possibly go to jail.  Today we’re talking with IJ deputy litigation director Robert McNamara and IJ attorney Nick DeBenedetto about an outrageous...

In America, police and prosecutors can take your cash, your car, or even your home through a legal process called civil forfeiture—without convicting or even charging you with a crime. When they do, victims face a maze of short deadlines, complicated paperwork, and a system built so that the government often wins by default.  The Institute for Justice leads the fight against this abuse, in pa...

When an Arizona educator named “Fernie” Madrid ran for Apache County School Superintendent he had no idea it would lead to stalking, anonymous threatening letters, and even getting assaulted while canvassing. And he was shocked that the person responsible for the harassment was the county attorney.  Today we’re joined by IJ attorneys Ben Field and McCarley Maddock to talk about an outrageous...

Candi Mentink and Todd Collard sell personalized caskets to honor the deceased person’s unique life. They can ship these caskets almost anywhere in the world, but they can’t sell them to people in their own state of Oklahoma. That’s because Todd and Candi are up against one of the strongest economic cartels in America: the funeral industry.  Today we chat with IJ attorneys Renée Flaherty and...

What happens when the government tries to take well-kept homes and businesses by slapping them with a “blight” label that doesn’t fit? Perth Amboy, New Jersey, tried to do just that—but a court vacated the blight designation, blocking the city from taking those properties for private development.  Today we talk with IJ attorneys Robert McNamara and Bobbi Taylor about how this win happened, wh...

In Florida, if a town doesn’t like what you do with your lawn, you could face bankruptcy. Sandy Martinez is stuck with $165,000 in fines for completely harmless code violations, most of it for occasionally parking a car a little bit over her driveway and onto the grass. Jim Ficken faced foreclosure of his home because his grass grew too long while he was out of town.  Today we are joined by I...

New York City is in a housing crisis—and according to official statistics, roughly 26,000 rent stabilized apartments sit vacant. That’s because New York City law makes many units unprofitable to rent. Today, we’re talking about IJ’s new federal challenge focused on vacant units—not occupied apartments—and what it could mean for property rights and renters.  Today we’re joined by IJ attorneys...

What can we do to bring accountability to policing for the sake of both the public and police officers themselves? Today, we’re talking with special guest Jeff Wenniger, a retired LAPD Lieutenant who spent more than 30 years in law enforcement and is now an advocate for how to rethink law enforcement—grounded in trust, integrity, and true community partnership. We’re also joined by IJ senior attor...

IJ just scored a win at a Pennsylvania appeals court that puts renters’ privacy rights on the same level as owners’ for the first time anywhere in the country. It was a wild ride featuring a violated court order, a stake out of a judge’s car, and obstruction designed to keep the inspection program a secret. It is also part of decades-long campaign to overturn the U.S. Supreme Court precedent that...

Leo Garcia Venegas and George Retes were simply trying to work, when they got ensnared by dragnet federal immigration raids. Even though both men identified themselves as U.S. citizens, multiple agents aggressively detained them—in Leo’s case two separate times and in George’s case for three days. Now, as more citizens get swept up in these raids, Leo and George are standing up for their rights wi...

Brian Moore and Cristal Starling both lost their money to civil forfeiture, despite neither being charged with a crime. Both of them challenged those forfeitures and both of them got their money back. But only one is being made whole. We’re here with IJ senior attorneys Dan Alban and Paul Sherman to discuss two cases under the Civil Asset Forfeiture Reform Act—a law that’s supposed to protec...

When Khalilah Few wanted to expand her natural hair salon business, she found a long-empty store front in Clayton County, Georgia, and spent her life savings renovating it. But she soon discovered that Clayton County singles out hair salons and barbershops for special restrictions. Because there are three other salons within several miles, the county told Khaliah she couldn’t open.    To...

When you get in your car, you might be tracked by a network of AI-powered surveillance cameras. These cameras upload their information to a central database, where government officials around the country can see a detailed record of your movements.  But we’re fighting back against mass surveillance. Today we’re joined by IJ attorney Michael Soyfer and Communications Project Manager Dan...

When the government, or even a private company, takes your land using eminent domain, the law promises you just compensation. But what about the thousands of dollars you spent on legal fees fighting for your fair share? For a group of North Dakotans facing off against a natural gas company, the answer could be: Tough luck.  Today we’re joined by IJ Deputy Litigation Director Bob McNamar...

Can the government take a $95,000 plane because a passenger used it to transport a six pack of Budweiser? The Alaska Supreme Court says yes but the U.S. Constitution says no.  Today we chat with IJ attorneys Sam Gedge and Kirby West to discuss an outrageous new case from the Last Frontier and how forfeiture interacts with excessive fines, free speech, and more.  https://youtu.be/KL3UlAt2...

In this episode, we bring you the disturbing story of St. Paul police officer Heather Weyker, whose lies led to the wrongful prosecution of dozens of people—and put an innocent teenage refugee in jail for two years. Will she ever be held accountable?  Today we’re joined by  IJ senior attorney Patrick Jaicomo, one of the leaders of IJ’s Project on Immunity and Accountability. ...

Dalton Boley thought he found a refuge for him and his children in 10 acres of woods by his Alabama home. That is, until government officials started showing up on the land without a warrant. I’m Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, joined by co-host Keith Neely, and today we’re discussing the Open Fields Doctrine and what IJ is doing to close this...

You shouldn’t need a law degree to start a barber shop, but entrepreneurs across the country face steep fees, delays, and confusing requirements before they ever even open. That’s why, in addition to suing cities when they violate people’s rights, IJ works with cities to make it cheaper, faster, and simpler to start a small business.  Today we’re joined by Assistant Director of IJ’s Activism...

The Constitution requires a warrant before police can search you or your property. But what if that warrant is based on third-hand information? That’s what happened to IJ client Michael Mendenhall, and it happens across America every day.  We recently spoke with IJ attorneys Patrick Jaicomo and Jared McClain to discuss how warrants are often just rubber stamps, and what IJ is doing to fix tha...

A new financial surveillance dragnet is sweeping up ordinary cash transactions at small businesses near the US-Mexico border. The federal government has placed onerous new requirements on businesses that help people without bank accounts cash checks or send money to family members. It’s demanding reports on all transactions involving at least $200 in cash, subjecting innocent people to w...

You might think constitutional lawsuits work like this: Find an unconstitutional law, challenge it in court, and if the law is truly unconstitutional, the court will strike it down. But in reality, a web of legal doctrines and ingrained attitudes mean judges have enormous leeway to avoid ruling against the government.  On this episode, we talk with IJ attorneys Josh Windham and John Wrench on...

In 2017, FBI agents, with guns drawn and a flashbang grenade, burst into the Atlanta home of Trina Martin, her then seven-year-old son Gabe, and her then partner Toi. Turns out, they had the wrong address. In April, Trina’s yearslong fight for accountability is heading to the U.S. Supreme Court.  Today we chat with IJ client Trina Martin and IJ attorney Patrick Jaicomo about wrong house raids...

First enacted to ensure southern states respected the rights of newly freed slaves, the 14th Amendment is indispensable to modern civil rights litigation. But what does the amendment say and how does IJ use it to challenge everything from harassment by police to undue burdens on hair braiders?  Today we’ll discuss all that and more with IJ attorneys Bob McNamara and John Wrench. https://youtu...

$29,000 for overgrown grass. $16,000 for cracks in the driveway. $100,000 for parking incorrectly on your own property. These are some of the outrageous fines IJ’s clients have faced, often for harmless violations. The prohibition on excessive fines is one of our oldest rights, but governments, from small towns to federal agencies like the IRS, still issue ruinous fines and courts still rubberstam...