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  • Ep 207 — Tariff Decisions Reveals SCOTUS Slapfight

    Ep 207 — Tariff Decisions Reveals SCOTUS Slapfight
    Feb 24 2026
    DOCKET ALERTS:Judge Aileen Cannon ruled that Special Counsel Jack Smith’s report on the stolen documents case must remain sealed forever in perpetuity.Kouri Richins goes on trial for murdering her husband in Utah. She’s not being charged for writing a terrible children’s book about dealing with grief over the loss of a parent … but maybe she should be? The Fifth Circuit, sitting en banc, allowed Louisiana to require the display of the Ten Commandments in every classroom statewide. The law had been blocked, but the Court decided that no one had been injured yet, so the case is unripe.Elon Musk is being sued for securities fraud in California. But they can’t seat a jury because everyone hates him.MAIN SHOW:It’s all about tariffs. We break down the Supreme Court’s Learning Resources v. Trump, and explain why dragging this case out for a year ensures chaos as importers try to recoup money they’ve already paid. And we’ll talk about Trump’s plan to impose new illegal tariffs based on a gross misinterpretation of yet another internal statute.The opinion is particularly contentious, revealing the justices’ angry, internal feuding over the future of the court. And subscribers will get a deep dive into the origins of this conflict, reaching back to Justice Kagan’s famous 2015 “Antonin Scalia Lecture Series” lecture at Harvard Law School and extending through Justice Jackson’s concurrence in Learning Resources.US v. Trump [stolen documents case]https://www.courtlistener.com/docket/67490070/united-states-v-trumpKouri Richins Warranthttps://www.scribd.com/document/654496602/Kouri-Richins-WarrantContempt for Musk clouds jury selection in Twitter takeover trialhttps://www.courthousenews.com/contempt-for-musk-clouds-jury-selection-in-twitter-takeover-trial/Roake v. Brumley [Fifth Circuit Ten Commandments]https://storage.courtlistener.com/recap/gov.uscourts.ca5.221848/gov.uscourts.ca5.221848.389.1.pdfLearning Resources, Inc. v. Trump [tariffs case]https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdfCongressional Research Service, “Congressional and Presidential Authority to Impose Import Tariffs”https://www.congress.gov/crs_external_products/R/PDF/R48435/R48435.1.pdfElena Kagan “Antonin Scalia Lecture Series,” Harvard Law School (2015) [via YouTube]https://www.youtube.com/watch?v=dpEtszFT0TgShow Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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    59 Min.
  • Ep 206 — Who’s Afraid of the Fourth Amendment?

    Ep 206 — Who’s Afraid of the Fourth Amendment?
    Feb 20 2026
    DOCKET ALERTS:Florida’s Attorney General James Uthmeier is getting paid $50,000 a semester to teach a single class at University of Florida’s law school. The Trump Administration finally obeyed the court order and put the exhibit on enslaved people back at President’s House in Philadelphia.The Supreme Court has decided to eliminate corruption by asking litigants to add their stock ticker symbols to filing disclosures. Oh, you thought maybe the justices would agree to stop trading individual stocks? LOL.And a JAG lawyer sent to help out the US Attorneys Office in Minnesota got cited for contempt after ICE responded to a habeas order by dumping a Minnesota man on the street in El Paso without his identity documents. Judge Laura Provinzino ordered the lawyer to pay $500 per day until the petitioner got his ID back.MAIN SHOW:In California, Judge Sunshine Sykes issued a major benchslap to the Trump administration’s claim that it can — or must! — detain immigrants who haven’t been granted permanent residence. In December, she granted class certification and ordered the government to give everyone not detained at the border a bond hearing. The government ignored her ruling, based on a decision by the immigration courts housed inside the Justice Department. Separation of powers, how does it go?And Andrew and Liz talk about two “surveillance” issues: commercially-aggregated data tracking our every movement and “dynamic” pricing.The Supreme Court first started considering surveillance in US v. Jones, 565 U.S. 400 (2012) and endorsed the “mosaic theory” of the Fourth Amendment in Carpenter v. US, 585 US 296 (2018).Sens. Lujan and Merkley have co-sponsored the Stop Price Gouging in Grocery Stores Act of 2026. Gizmodo recently ran a story about it, referencing prior research into dynamic pricing.Florida’s attorney general gets $100K part-time teaching job at UFhttps://www.tampabay.com/news/florida-politics/2026/02/17/uthmeier-uf-adjunct-teaching-contract-pay-attorney-general/Soto Jimenez v. Bondihttps://www.courtlistener.com/docket/72221590/soto-jimenez-v-bondi/Matter of Yajure Hurtadohttps://www.justice.gov/eoir/media/1413311/dl?inlineMaldonado Bautista v. Noemhttps://www.courtlistener.com/docket/70895584/lazaro-maldonado-bautista-v-ernesto-santacruz-jr/US v. Jones, 565 U.S. 400 (2012)https://scholar.google.com/scholar_case?case=3066032366235422373Carpenter v. US, 585 US 296 (2018)https://scholar.google.com/scholar_case?case=853695326923033538Text of the Stop Price Gouging in Grocery Stores Act of 2026https://www.lujan.senate.gov/wp-content/uploads/2026/02/MUR26086-1.pdfShow Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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    1 Std. und 3 Min.
  • Ep 205 — Happy (All But One) Presidents Day!

    Ep 205 — Happy (All But One) Presidents Day!
    Feb 17 2026
    DOCKET ALERTS:Trump celebrated President’s Day by filing a trademark for Donald J. Trump International Airport — just in time for Florida’s move to rename Palm Beach International Airport in his honor. KA-CHING!In Colorado, a state judge ruled that throwing prisoners in solitary confinement as a penalty for refusing to work violates the state constitution’s ban on involuntary servitude. It’s a start!And in Philadelphia, Judge Cynthia Rufe ordered the Trump administration to restore an exhibit on the enslaved people who lived at President’s House under George Washington: “Each person who visits the President’s House and does not learn of the realities of founding-era slavery receives a false account of this country’s history.”MAIN SHOW:In Minnesota, Judge Nancy Brasel ordered DHS to grant detainees in “holding rooms” at the Whipple Building in Minneapolis meaningful access to counsel. The ruling bars ICE from removing immigrants from the state for 72 hours after they are originally picked up. We’ll discuss the cracks appearing between DHS, which ignores court orders, and DOJ, which has to show up in court and take the blame for it.In New York, Judge Lewis Kaplan issued a similar order in September with respect to temporary “holding rooms” on the 9th floor at 26 Federal Plaza in Manhattan, with additional requirements that DHS provide for detainees' hygiene, nutrition, and medical needs. The plaintiffs say ICE has not complied and moved for contempt. The City reports that DHS opened up new temporary detention facilities on the 10th floor, but claims the injunction doesn’t apply there for, uh, REASONS.And we break down all the ways Republicans are trying to suppress the vote with the SAVE America Act, which solves the nonexistent problem of noncitizens voting illegally by imposing a series of restrictions on citizens registering and voting.In the subscriber bonus, we discuss a district court’s decision in Massachusetts enjoining the Trump administration from deploying ICE in and around churches. Trump’s Private Company Files Trademark for ‘President Donald J. Trump International Airport’https://www.gerbenlaw.com/blog/trumps-private-company-files-trademark-for-president-donald-j-trump-international-airport/Buried in the budget: Mike Huckabee, Donald Trump and Newsmaxhttps://jasongarcia.substack.com/p/buried-in-the-budget-mike-huckabeeMortis v. Polis [Colorado Prison Labor]https://towardsjustice.org/wp-content/uploads/2026/02/Findings-of-Fact-and-Conclusions-of-Law.pdfPhiladelphia v. Burgum https://www.courtlistener.com/docket/72178941/city-of-philadelphia-v-burgum/Advocates for Human Rights v. DHS [Whipple Building]https://www.courtlistener.com/docket/72196538/the-advocates-for-human-rights-v-us-department-of-homeland-securitBarco Mercado v. Noem [26 Federal Plaza]https://www.courtlistener.com/docket/71065570/barco-mercado-v-noemICE Moved Detainees to Previously Undisclosed Floor of 26 Federal Plazahttps://www.thecity.nyc/2026/02/09/26-federal-plaza-jail-conditions-ice-judge-kaplan-ruling/Text of S.1383, the “SAVE America” Acthttps://docs.house.gov/billsthisweek/20260209/RCP_S1383_xml.pdfNew England Synod, Evangelical Lutheran Church in America v. DHShttps://www.courtlistener.com/docket/70939776/new-england-synod-evangelical-lutheran-church-in-america-v-department-of/Show Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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    52 Min.
  • Ep 204 — Horsefeathers!

    Ep 204 — Horsefeathers!
    Feb 13 2026
    Docket Alerts:Exactly zero grand jurors voted to indict the members of Congress who made a video in November reminding active duty service members of their duty to refuse illegal orders. And Judge Richard Leon told Secretary Hegseth to pound “Horsefeathers!” with his attempt to demote Senator Mark Kelly and dock his naval retirement.The Justice Department hasn’t stopped trying to evade senate confirmation for US Attorneys. Hours after judges in New York exercised their legal right to appoint someone competent to run the office, the Trump administration fired him. Subscribers will get a deep dive into AG Bondi’s efforts to ONE WEIRD TRICK a “triumvirate” of lawyers into the US Attorney spot.MAIN SHOW:Two hundred federal and state agents descended on a Mexican heritage festival in Idaho in October. They leveraged five arrest warrants for illegal gambling into a massive detention operation to brutalize hundreds of families. Now those families are suing under 42 USC § 1983, alleging a conspiracy between the feds and local law enforcement.In DC, Trump appointee Judge Tim Kelly blocked the administration from taking revenge on inmates whose death sentences were commuted by President Biden by moving them all to Supermax.After the Fifth Circuit’s terrible ruling last week allowing for indefinite detention of all non-citizens, district court judges are still finding ways to grant habeas petitions.Back in DC, Judge Ana Reyes barred Secretary Noem from ending temporary protected status for 350,000 Haitians. She also had some frank words about the threats that rain down on judges who rule against the Trump administration – and why they won’t succeed.Rodriguez v. Porterhttps://www.courtlistener.com/docket/72256071/rodriguez-v-porter/Taylor v. Trump [Death Row Commutations]https://www.courtlistener.com/docket/71717101/taylor-v-trump/Kelly v. Hegsethhttps://www.courtlistener.com/docket/72131361/kelly-v-hegseth/US v. Naviwala [US Attorney New Jersey]https://www.courtlistener.com/docket/68269162/united-states-v-naviwalaCumbe Lema v. De Anda-Ybarra [Texas Habeas]https://www.courtlistener.com/docket/72210802/cumbe-lema-v-de-anda-ybarra/Hassen v. Noem [Texas Habeas]https://www.courtlistener.com/docket/72143519/hassen-v-noem-secretary-us-department-of-homeland-security/Lesly Miot v. Trump [Haitian TPS]https://www.courtlistener.com/docket/70965949/lesly-miot-v-trump/Show Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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    53 Min.
  • Ep 203 — The Fifth Circuit Goes Full Korematsu

    Ep 203 — The Fifth Circuit Goes Full Korematsu
    Feb 10 2026
    In Jeffrey Epstein news: Ghislaine Maxwell showed up for congressional testimony, but says she’s taking the Fifth unless and until she gets a pardon. Bill and Hillary Clinton agreed to testify, averting a vote to refer them to DOJ for contempt of Congress. Paul Weiss managing partner Brad Karp stepped down after his emails to the noted pedophile were published. Luigi Mangione will not face the death penalty, but will face trial this summer.Main Show:The Trump administration is trying to magic away Steve Bannon’s contempt of Congress conviction with an assist from SCOTUS. It’s called a GVR, and it’s filthy.The DOJ sued in state court to get Fulton County’s 2020 ballots. They sued in federal court. And then they got a criminal warrant and just took them. Now Georgia election officials are suing to get their ballots back.What is going on with that Tulsi Gabbard whistleblower report?The Fifth Circuit greenlights ICE’s batcrap insane legal theory that the government must hold immigrants in detention indefinitely without a hearing. Should the challengers petition for en banc review, or go straight to SCOTUS?And for subscribers, we’ll break down FCC Chair Brendan Carr’s threat to investigate the ladies at The View for daring to interview Texas Senate candidate James Talarico — a known Democrat!Bannon Rule 48(a) Motion to Dismiss https://storage.courtlistener.com/recap/gov.uscourts.dcd.237437/gov.uscourts.dcd.237437.207.0.pdfBannon Cert Petitionhttps://www.supremecourt.gov/DocketPDF/25/25-453/395803/20260209141144273_25-453_Bannon_cert_resp_file.pdfUS v. Alexander [DOJ civil suit to see Fulton County ballots]https://www.courtlistener.com/docket/72028229/united-states-v-alexander/Pitts v. US [Fulton County suit to recover ballots]https://www.courtlistener.com/docket/72247417/pitts-v-united-states/NSA detected foreign intelligence phone call about a person close to Trumphttps://www.theguardian.com/us-news/2026/feb/07/nsa-foreign-intelligence-trump-whistleblower Whistle-Blower Report Involved Intelligence About a Trump Contacthttps://www.nytimes.com/2026/02/07/us/politics/whistle-blower-gabbard-trump.htmlBuenrostro Mendez v. Bondihttps://www.courtlistener.com/docket/71870107/buenrostro-mendez-v-bondi/Show Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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    58 Min.
  • Ep 202 — From Atari to NVIDIA: We Don’t Care, We Don’t Have To!

    Ep 202 — From Atari to NVIDIA: We Don’t Care, We Don’t Have To!
    Feb 6 2026

    Andrew flies solo on today’s show, which… coincidentally features a bunch of law from the 1980s. Learn how a 1981 advertisement for a soon-to-be defunct video game system shaped the law of copyright into what it is today after Atari sued Magnavox to pull a Pac-Man clone off the shelves.


    In the second story, we talk about the death of antitrust law. What once broke up the phone company’s monopoly is now so defanged that just two companies control almost all of the components that go into your PC. Oh, and the phone company basically reassembled itself.


    The computer graphics monopoly set us on the path where computer are rented, not owned. And taking advantage of that was a company that targeted teenagers who want the latest and greatest gaming rig (but can’t afford it). Learn about the consumer fraud lawsuit, potential settlement, and the future of computers. Have we gone backwards since the 1980s? (Yes.)


    Check out the independent reporting of Steve Burke at GamersNexus.


    Atari, Inc. v. North American Philips Consumer Electronics Corp., 672 F.2d 607 (1982)

    https://scholar.google.com/scholar_case?case=16433139020722034724


    Burns v. Fragile, Inc. [docket via CourtListener]

    https://storage.courtlistener.com/recap/gov.uscourts.cand.454102/


    Steve Burke, GamersNexus YouTube channel

    https://www.youtube.com/@GamersNexus



    Show Links:

    https://www.lawandchaospod.com/

    BlueSky: @LawAndChaosPod

    Threads: @LawAndChaosPod

    Twitter: @LawAndChaosPod



    See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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    40 Min.
  • Ep 201 — Ed Martin, Don’t Let That Doorknob Split Ya!

    Ep 201 — Ed Martin, Don’t Let That Doorknob Split Ya!
    Feb 3 2026
    DOCKET ALERTS:We bid a fond goodbye to Ed Martin … well, fond-ish.Liam Ramos, the little boy kidnapped by ICE in Minneapolis along with his father is back home after a judge in Texas granted his habeas petition. Read the scathing order here.Judge Jia Cobb re-imposed a temporary restraining order barring DHS from excluding legislators from immigrant detention facilities. Two immigrant rights groups challenged ICE’s homebrew arrest warrants.The Trump administration finally got that perp walk of Don Lemon. Two weeks ago, a federal magistrate refused to issue an arrest warrant for Lemon, Minnesota journalist Georgia Fort, and three others who were present at the MLK Day protest at a church whose pastor David Easterbrook is an ICE supervisor. Now a grand jury has indicted all eight of the DOJ’s original targets.Chief Judge Jeffrey Sutton of the Sixth Circuit dropkicked the DOJ’s judicial ethics complaint against Chief Judge James Boasberg of the US District Court in DC. The complaint is based on leaked notes from a closed judicial conference in March, which Law and Chaos is suing to kick loose under FOIA. The Signalgate administration says it has no idea how this judicial record wound up on its servers. Liz and Andrew sound off on Chief Justice Roberts forcing SCOTUS employees to sign NDAs.Donald Trump sues the IRS — it’s like suing himself, but you get to foot the bill.And we ponder whether Trump can legally burn down the Kennedy Center Make the Kennedy Center Great Again.Plus for subscribers: Andrew’s got a deep dive into the Death on the High Seas Act and the lawsuit filed by survivors of two men murdered in the Caribbean boat strikes.Justice Dept. demotes Ed Martin, stripping Trump ally of most authorityhttps://www.washingtonpost.com/national-security/2026/02/02/ed-martin-demoted-justice-departmentLiam Ramos Habeas Orderhttps://storage.courtlistener.com/recap/gov.uscourts.txwd.1172886492/gov.uscourts.txwd.1172886492.9.0_3.pdfTRO Enjoining DHS from Excluding Legislators From Immigration Facilitieshttps://storage.courtlistener.com/recap/gov.uscourts.dcd.283200/gov.uscourts.dcd.283200.52.0.pdfThe Perp Walk Is The Pointhttps://www.lawandchaospod.com/p/the-perp-walk-is-the-pointUS v. Armstrong [Don Lemon Indictment]https://storage.courtlistener.com/recap/gov.uscourts.mnd.231103/gov.uscourts.mnd.231103.39.0_1.pdfDOJ Attacks Judge, Claims Judicial Immunity For Itselfhttps://www.lawandchaospod.com/p/doj-attacks-judge-using-leaked-docJudge Sutton Dismissed DOJ Complaint Re Judge Boasberghttps://www.opn.ca6.uscourts.gov/internet/judicial_complaints/files/2025/06-25-90173(Chad.MO.pdfRes Ipsa Media v. DOJ [L&C FOIA suit]https://www.courtlistener.com/docket/71236135/res-ipsa-media-llc-v-department-of-justiceHow the Supreme Court Secretly Made Itself Even More Secretivehttps://www.nytimes.com/2026/02/02/us/supreme-court-nondisclosure-agreements.htmlTrump v. IRShttps://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.1.0_4.pdfBoat Strike Complainthttps://storage.courtlistener.com/recap/gov.uscourts.mad.294916/gov.uscourts.mad.294916.1.0_1.pdfShow Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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    1 Std.
  • Ep 200 — JGG + CASA = CHAOS

    Ep 200 — JGG + CASA = CHAOS
    Jan 30 2026
    Docket Alerts:Director of National Intelligence Tulsi Gabbard led a raid on the Fulton County Election Hub and Operating Center in Atlanta. ProPublica got the warrant. Mo Ivory, a Democratic commissioner for Fulton County, breaks it down on Instagram.In Chicago, Marimar Martinez has moved to unseal evidence from DOJ’s failed effort to prosecute her for getting shot by ICE.Reuters reports that Marcos Charles, the top official in ICE's Enforcement and Removal Operations division, issued new guidance instructing ICE to target only immigrants who have been arrested or convicted of crimes. This would be a huge improvement, but DHS won’t comment.Main Show:Once again, this is all the Supreme Court’s fault. Specifically, its rulings in J.G.G. v. Trump and Trump v. CASA led directly to the mayhem in Minnesota. First the Court forced immigrants challenging their detention to file thousands of individual habeas cases. And then they drastically limited the power of federal judges to issue relief when it “discovered” that nationwide injunctions are illegal. The Trump administration took this as an invitation to break the law, irrespective of how many courts tell them not to, on the theory that CASA means precedent doesn’t count any more. DHS dummied up a memo saying that actually everyone without a green card must be held indefinitely. This is a gross misstatement of the law, as literally hundreds of courts have already ruled. But the Trump administration says because of CASA, they can continue to lock up people who’ve lived here for decades, checking in with DHS, working, paying taxes, and taking care of their families.Judges are deluged with habeas petitions, which differ from each other only in the particulars of the cruelty being visited upon the individual immigrant. After ICE failed to obey a court order to release a habeas petitioner, Chief Judge Patrick Schiltz in the District Court of Minnesota ordered Todd Lyons, the Acting Director of ICE, to either release the guy or show up and explain why he shouldn’t be held in contempt of court. ICE released the petitioner, but Judge Schiltz was still furious. He published a list of 96 violations of court orders in January alone — and that’s only in Minnesota! Thanks, Chief Justice Roberts!On the plus side, Judge Schiltz’s colleague Judge John Tunheim issued a TRO ordering ICE to release every refugee detained under the erroneous memo and quit kidnapping them and spiriting them away to Texas.And for subscribers, we’ll discuss the Ninth Circuit’s ruling that bars Kristi Noem from unilaterally canceling temporary protected status for a million Venezuelans and Haitians.Hundreds of judges reject Trump’s mandatory detention policy, with no end in sighthttps://www.politico.com/news/2026/01/05/trump-administration-immigrants-mandatory-detention-00709494Fulton County Election Hub Warranthttps://www.documentcloud.org/documents/26513986-1-28-26-fulton-warrant/Marimar Martinez Motion to Unsealhttps://storage.courtlistener.com/recap/gov.uscourts.ilnd.487595/gov.uscourts.ilnd.487595.100.0.pdfExclusive: ICE officers in Minnesota directed not to interact with 'agitators' in new ordershttps://www.reuters.com/world/ice-officers-minnesota-directed-not-interact-with-agitators-new-orders-2026-01-29/J.G.G. v. Trumphttps://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdfTrump v. CASAhttps://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdfTobay Robles v. Noemhttps://www.courtlistener.com/docket/72120823/tobay-robles-v-noemJudge Tunheim TROhttps://storage.courtlistener.com/recap/gov.uscourts.mnd.230526/gov.uscourts.mnd.230526.41.0.pdfShow Links:https://www.lawandchaospod.com/BlueSky: @LawAndChaosPodThreads: @LawAndChaosPodTwitter: @LawAndChaosPodSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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    57 Min.