Institute for Constitutional Advocacy and Protection
As the news becomes more and more disarming in terms of challenging our state and federal constitutions, I am encouraged by the work of ICAP - Institute for Constitutional Advocacy and Protection.
I had the honor of meeting ICAP's executive director, @Mary McCord - Former Prosecutor in US DA Office, Former Asst Attorney Gen for US DOJ and @Neal Katyal - Successful appellate lawyer and professor of law at Georgetown.
For example, they are currently fighting to block this administration's executive order attempting to ed birthright citizenship for newborns born on American soil.
I encourage you to check out @ICAP and my notes from a talk they gave at The Battery in San Francisco in October 2024.
Below are my notes:
The Battery: In Person Event - Notes from October 2024 Meeting
Elizabeth Gore, Founder/CEO Hello Alice along with The Battery Founders invited a discussion on Defending our Democracy on Tuesday, October 29th featuring:
ICAP - Institute for Constitutional Advocacy and Protection - Founded in 2017 after the 2016 election, banned to fight for democracy holding the US constitution and fighting in the court system in each state and up to the US Supreme Court.
ICAP is:
10 lawyers who constantly work on:
Protection of the democracy
Fighting Poverty discrimination cases
Protections of Marginalized communities
Civil rights issues
Blocking militias and rise of paramilitary groups
Protect against political violence
Post 2016 election, they hired a dream team of lawyers to fight for democracy in the courts on the foundation of the US constitution.
ICAP Leadership
Mary McCord - Former Prosecutor in US DC Office, Former Asst Attorney Gen for US DOJ understands arguments on both sides with the courts
Neal Katyal - Successful appellate lawyer and professor of law at Georgetown
Neal’s history of fighting injustice through the legal system:
- Eradicated Guantanamo bay and other detention centers use of torture
He stopped Trump’s Muslim immigration bans as unconstitutional
Continues to fights for democracy and justice in front of the Supreme Court
False narratives provide the motivation for politics violence.
Afraid to vote because of threats.
Cases evolved because threats to democracy have evolved, yet the Founding Fathers gave u sa solid system of care of the American people in the form of the US constitution and state laws.
ICAP uses early American history state statures that forbid militia movements by individuals to stop proud boy’s and other
Threats:
Election won’t easily be decided. Certification of the election could take days. Could go to the house and Senate for vote if the states do not clearly name a winner by state. Then it would go to the House and Senate and they could throw out a states electoral votes if they get 20% of the reps/senators to challenge vote. Election would then be decide on votes of the Senate and House, vs. the People.
Worried about localized violence. Not same level of security that US capital has built.
Can’t rely on same things to protect election loss
Voter suppression
Courts are doing good job board of elections in GA suppressing votes same in PA that don’t fill out their ballots correctly
5th circuits not done good. Recently passed that no state should start counting ballots before Election Day, which makes it difficult to do a meaningful and organized process.
Disinformation of non citizens are voting. Is not true.
Military use toward enemy within. Gen Kelly says this is his plan. DT wants spectacle of internal application of the military. DT unique threat to rule of law . Governors and state officials are gathering their options if this happens.
Chief of police in DC can get the national guard. New policy. They don’t believe an insurrection would happen again. Over 1500 people have been charged for crimes from Jan 6th and that has been a deterrent.
Title 32 section 502 other duty.
Neal argued and won a case using state national doctrines to block legislators from having control over federal elections vs. the state supreme courts.
Republics tried to get state legislators to regulate federal elections vs state supreme courts which in many cases republicans held majority in state legislators, giving them an advantage to win if a state’s vote was either not called or contested.
Original history of the constitution. 1787. Bound by constitutional law. Legislators are bound by constitutional law. Neal blocked. Reps trying to use “legislators vs courts to decide elections. For example, NC has 14 legislators. 11-3 are republican.
Electors get nominated based on who wins the state and then they go to the capital. Electoral college ballots get sent to VP.
In 2016 Trump and team sent a fake slate of electors to the capital. ICAP is sued them for this and has blocked this from happening again.
12th amendment house/senate votes for president. One vote for state.
Schedule F in project 2025
Supreme Court given trump immunity. Immunity decision that presidents are immune that is part of their core presidential Powers and expanded the spans of powers. Immune from official corruption. Congress can act, courts can prosecute
President under this immunity can direct the IRS to investigate, DOJ to set criminal activity, and do Unlawful surveillance of all of us.
ICAP provides nonpartisan briefs on what is lawful that build resilient netting.
Summary: ICAP, Mary, Neal and the team of legal pros are working around the clock to protect democracy based on state and US constitutional law. They are aware and respond immediately to all threats to our election fraud, democratic freedoms, and human and civil rights. They are part of Georgetown law, yet their own entity and survive on donations to do their work.