Institute for Constitutional Advocacy &amp; Protection

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14 Nov 2024

ICAP is excited to join the Bluesky community. Click below to follow us on LinkedIn, Instagram and Threads! LinkedIn: www.linkedin.com/company/inst... Instagram: www.instagram.com/georgetown_i... Threads: www.threads.net/@georgetown_...

ICAP won an important appeal last week on behalf of 27 religious denominations and organizations that challenged the rescission of a policy that restricted ICE enforcement at places of worship. Read the decision here: tinyurl.com/3yp4un6p

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"The decision recognizes the real harm inflicted on religious communities when DHS rescinded a policy that protected places of worship from immigration enforcement for three decades....

...It is an important victory for the millions of people of faith represented by the religious groups that came together to file this suit in defense of their right to worship and serve their communities without fear of government intrusion." – Kelsi Corkran, ICAP, lead counsel for plaintiffs

Reversing the district court's ruling that the plaintiffs lacked standing, the DC Circuit held that the plaintiffs face an imminent threat of ICE intrusion as a result of the change in policy, and remanded for further consideration of their preliminary injunction motion.

tinyurl.comWelcome! You are invited to join a webinar: Symposium on Government Oversight & Accountability . After registering, you will receive a confirmation email about joining the webinar.To educate, discuss recent developments, raise awareness, and share insights about oversight.

The day after Election Day ICAP Executive Director Mary McCord will join @rgoodlaw.bsky.social & @stevevladeck.bsky.social at the TSPPPA November Symposium to examine how the role of judges, lawyers, and the DOJ has shifted, what the mid-terms mean for a path forward, and more. tinyurl.com/3d87ntxw

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Civil Rights Corps

@civrightscorps.bsky.social

Our RICO lawsuit against Oklahoma officials & a private collections company for extorting and jailing people who can’t afford to pay their court debt is moving forward.

icap.law.georgetown.eduVideo Explainers: Private Paramilitary Activity, False Elections Statements, Voter Intimidation, and True Threats - ICAPICAP produced four brief videos laying out key legal principles related to (1) private paramilitary activity; (2) false statements related to elections; (3) voter intimidation; and (4) true threats. C...

Worried about voter intimidation, threats at the polls, or disinformation related to the mid-terms? ICAP's video explainers from the 2024 election are just as useful today in explaining what's lawful and what's not. Watch here: icap.law.georgetown.edu/resources/vi...

Tomorrow! ICAP Executive Director Mary McCord will join a panel on election and democracy protection at the @americanbar.org's 36th Annual Review of the Field of National Security Conference. The panel will begin at 10:20 am at the Omni Shoreham (DC).

Join @electiontaskforce.org for a webinar next week featuring legal & military experts, including ICAP's Mary McCord, who will discuss the legal limits on federal law enforcement & military presence at the polls. Tuesday, October 13 | 11:30 am ET Zoom - Register here: tinyurl.com/2m6xhwtt

icap.law.georgetown.eduAbout - ICAPThat guiding principle shapes not only our litigation but also the culture of our team. We combine constitutional scholarship with courtroom strategy to defend individual rights, hold the government a...

ICAP is hiring! ICAP seeks a Counsel, Senior Counsel, or Special Litigation Counsel committed to vindicating constitutional rights and protecting democratic processes through strategic litigation and policy development. More information can be found here: icap.law.georgetown.edu/about/#careers

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campaignlegal.orgTennessee State Sen. Charlane Oliver and Constituents Challenge Illegal Retaliation in Response to Gerrymandering FightNASHVILLE — Today, Tennessee state Senator Charlane Oliver and four of her constituents filed a lawsuit in federal court alleging that Senator Oliver's First Amendment rights were violated when she wa...

Replying to @campaignlegal.org

Sen. Oliver and the voters she represents should not be silenced. Campaign Legal Center Action is representing Sen. Oliver alongside @icapgeorgetown.bsky.social to reverse this unconstitutional retaliation. More about our lawsuit here: campaignlegal.org/press-releas... 4/4

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BREAKING: Campaign Legal Center Action is suing on behalf of Tennessee Senator Charlane Oliver over the state's illegal retaliation against her and her constituents for exercising her First Amendment right to denounce lawmakers' disenfranchisement of Black voters with a gerrymandered map. 1/

justsecurity.orgBuilding Authorities for Domestic Use of the Military that WorkAuthorities for domestic use of the military are outdated and subject to abuse — a blueprint for a single modern statute, enforceable limits, and judicial review.

New! ICAP's Mary McCord outlines the problems with our outdated and overlapping laws governing domestic use of the military and how to fix them in a new Just Security piece. www.justsecurity.org/150850/reinv...

ICAP notched a significant win in the Sixth Circuit barring Tennessee from criminalizing our clients' speech counseling pregnant minors about the availability of legal abortion care outside the state. Sixth Circuit opinion: tinyurl.com/4pv9abx9

"The Supreme Court in Dobbs may have returned the abortion debate to the states, but it did not permit states to warp that debate by criminalizing one side of it." – ICAP Senior Counsel Bill Powell

icap.law.georgetown.eduInstitute for Constitutional Advocacy and ProtectionThe Institute for Constitutional Advocacy and Protection uses litigation, policy, and public education to protect constitutional rights and to hold our governmental institutions to the highest standar...

17 Sept

On this Constitution Day, we are excited to share our new website with the world! Read about our work here: icap.law.georgetown.edu

15 Sept

ICAP Executive Director Mary McCord brings her constitutional law experience to the Speak Up for Justice panel, The First Amendment Under Pressure: Journalism, Courts & Public Trust. The Youtube link will release on September 17 at the link here: speakupforjustice.law

2 Sept

Breaking news! In response to our motion, a federal judge just enjoined Trump's new Executive Order attempting to deny birthright citizenship to the very children the Supreme Court just held are citizens! Thanks to our plaintiff moms, @wearecasa.bsky.social, and ASAP! Opinion: tinyurl.com/ynf4s997

25 Aug

New! Once again, we are challenging the President's birthright citizenship executive order.

25 Aug

Along with our partners at @wearecasa.bsky.social and Asylum Seekers Advocacy Project, we filed a motion yesterday seeking a preliminary injunction to clarify that the federal government must honor the citizenship of all children born in the U.S. Read the motion here: tinyurl.com/4dha29jn

17 Aug

Read our new suit on behalf of former AUSA Sunita Doddamani, fired for her work successfully prosecuting those who violated the Freedom of Access to Clinic Entrances Act, violating her First Amendment and Due Process rights, and the Civil Service Reform Act. Complaint: tinyurl.com/2uzd5mcw

17 Aug

Read our full press release for more information: tinyurl.com/2d5n65st

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Mother Jones

@motherjones.com

29 July

A photo of a Black woman surrounded by members of Patriot Front on a DC train on July 4 went viral. But what exactly is Patriot Front? Former federal prosecutor Mary McCord explains. The latest from our friends at @revealnews.org: tinyurl.com/4dfdtj6f

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Reveal

@revealnews.org

29 July

Mary McCord spent years at the Department of Justice and the U.S. Attorney’s Office for the District of Columbia. Both offices are shells of themselves under the Trump administration. Listen to our latest More To The Story: tinyurl.com/4jydm5j8

15 July

ICAP's Mary McCord joined MSNow for a full day of coverage on Todd Blanche's confirmation hearing. Watch the full segment here: www.youtube.com/watch?v=UB6X...

15 July

For a full day of coverage of Todd Blanche’s confirmation hearing with ICAP’s Mary McCord, tune in to MSNow.

14 July

ICAP's Mary McCord's testimony from Pam Bondi's confirmation hearing in Jan. 2025 is even more relevant going into Todd Blanche's confirmation hearing tomorrow: the oath is to the Constitution, not to the President. Read it here:

npr.orgThe Trump administration vowed to go after 'Antifa.' Here's what that's looked likeNPR's Ayesha Rascoe asks former federal prosecutor Mary McCord about the Trump administration's vow to prosecute domestic terrorists and "Antifa."

28 June

ICAP's Mary McCord warns of the danger to First Amendment rights of targeting people for prosecution based on viewpoint:

nytimes.comA Diocese Tries to Protect Its 29-Foot Jesus From Trump’s Border Wall

21 June

The Trump Administration wants to build a wall at holy site Mount Cristo Rey. We're fighting it on behalf of the Catholic Diocese of Las Cruces. www.nytimes.com/2026/06/21/u... Read our opposition here: tinyurl.com/mutzrw4z

judiciary.house.govThe Southern Poverty Law Center: Manufacturing Hate, Part II

9 June

This morning at 10 am, ICAP's Mary McCord will testify before the House Judiciary Committee on the dangers of using the prosecutorial power to target people and organizations based on viewpoint. Watch the livestream: judiciary.house.gov/committee-ac...

justsecurity.orgThe Domestic Terrorist Label Endangers Rights and Drives Extremist ViolencePrepared Senate testimony for hearing that was postponed. On risks of Trump administration's use of terrorist labels for domestic groups.

21 May

After the horrific shooting at the Islamic Center of San Diego, ICAP's Mary McCord explains how using the "terrorist" label endangers constitutional rights and drives extremist violence: www.justsecurity.org/139553/domes...

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Just Security

@justsecurity.org

21 May

Prepared Senate testimony for hearing that was postponed. On risks of the Trump administration's use of terrorist labels for domestic groups. By Mary McCord (@icapgeorgetown.bsky.social), former head of DOJ National Security Division

latimes.comTrump DOJ creates $1.7-billion fund for victims of legal 'weaponization,' prompting outrageExperts said Trump creating a fund for his political allies, to settle a lawsuit he had personally brought against his own government, was unprecedented and concerning.

The president's unprecedented $1.8 billion "anti-weaponization" fund raises serious concerns for the American people, says ICAP's Legal Director Rupa Bhattacharyya, drawing on years as a DOJ lawyer and special master of the 9/11 victims' compensation fund. More here: www.latimes.com/world-nation...

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ICAP Executive Director Mary McCord also offered analysis on this week's episode of Main Justice with her co-host @weissmann.substack.com. Watch the full episode: www.youtube.com/watch?v=Z9Mj...

wbur.orgDOJ deal gives Trump, his family, and his businesses immunity from IRS investigationsAn addendum added to the unusual Department of Justice deal will create a a $1.8 billion fund that would provide payments to people claim they were unfairly investigated or prosecuted.

Mary also appeared today on @npr.org's Here & Now to discuss the unlawful settlement addendum that bars all federal departments and agencies, including the IRS, from pursuing investigations, audits, & civil or criminal prosecutions against the president, his family, & his businesses on any matter:

news.bloomberglaw.comDOJ Anti-Weaponization Fund Lacks Safeguards From Past ProgramsThe Justice Department’s new $1.8 billion “anti-weaponization” fund lacks the rigorous controls that typically guide programs compensating victims out of litigation settlements or congressional mandat...

As Rupa explains, other funds for paying victims have been appropriated by Congress and include "stringent limitations that are built into the law about who is eligible, and how much money they get for the harm they suffered." news.bloomberglaw.com/us-law-week/...

religionnews.comCatholic diocese fights Trump administration plan to seize pilgrimage site for border wall(RNS) — The land targeted by the federal government is at the base of Mount Cristo Rey, a mountain and pilgrimage site topped by a 29-foot-tall limestone statue of Jesus Christ.

12 May

ICAP is honored to assist the Catholic Diocese of Las Cruces in challenging the Trump administration's attempt to seize New Mexico land to extend the border wall. More details here:

nyhistory.orgPower Without Impunity: War Crimes and Illegal Orders | The New York HistoricalWhen unlawful orders are given, whether in times of war or in moments of domestic unrest, who bears responsibility, and where does accountability truly lie?

8 May

On Monday, May 11th, at 6:30 pm, join ICAP's Mary McCord for a timely conversation at @nyhistory.bsky.social with @tessbridgeman.bsky.social & @rgoodlaw.bsky.social. The discussion will focus on the global legal frameworks that govern war crimes & more. Purchase in-person or livestream tickets here:

30 Apr

Starting soon! The event will begin at 1 p.m. ET. Register at the link in the post below.

Institute for Constitutional Advocacy & Protection@icapgeorgetown.bsky.social

Register now! On Thursday, April 30th at 1 p.m. ET ICAP's Kelsi Corkran will be featured as a panelist at @myconstitution.bsky.social's Home Stretch at the Supreme Court event in a discussion about the most significant cases of the SCOTUS term. RSVP: tinyurl.com/scvfmmut

9 Apr

7 Apr

Yesterday, more than 350 former USDOJ filed a letter explaining that a proposed rule that would allow the AG to indefinitely delay state bar investigations into allegations of professional misconduct against USDOJ attorneys is legally wrong & factually unsupported. Read the full letter:

7 Apr

Signatories on this letter include former Acting Attorneys General, Former Inspector General, Senior Ethics Officials, and more. See our press release for more details:

campaignlegal.orgDozens of Former DOJ Staff Urge Accountability for First Amendment Violations by ICE, Other Federal AgentsActions by U.S. Immigration and Customs Enforcement (ICE) and other federal law enforcement agents in Minneapolis, Minnesota that seek to quash dissent and retaliate against individuals for exercising...

"...the First Amendment protects the right to watch law enforcement do their jobs in public, to record their activities, and to publicly criticize what law enforcement is doing,” said ICAP's Seth Wayne. “Those same principles apply to federal law enforcement.”

Campaign Legal Center@campaignlegal.org

NEW: 39 former DOJ civil servants filed an amicus brief calling on the court to hold ICE and other federal agents accountable for violations of protestors’ First Amendment rights in Minnesota. DOJ has held local police to this standard—the same must apply here. 1/

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Replying to @campaignlegal.org

The DOJ, through investigations by the civil servants we’re representing, has routinely held local police accountable for violating protestors’ constitutional rights. Federal agents must be held to the same standard. 3/3

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Replying to @campaignlegal.org

Campaign Legal Center and @icapgeorgetown.bsky.social are representing former career civil servants from DOJ's Civil Rights Division who worked to eliminate patterns of illegal conduct by law enforcement under Democratic and Republicans administrations alike. 2/

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ms.nowOpinion | The embarrassing lesson of Pam Bondi's confirmation hearingMary McCord: Maybe now that she is out as attorney general, Bondi will reflect on where and why she went astray.

5 Apr

Pam Bondi did a disservice to the Department of Justice, crime victims, and the public. ICAP’s Mary McCord reflects on it here: www.ms.now/opinion/pam-...

4 Apr

ICAP is proud to represent legal ethics scholars warning of the ethical dilemma posed for lawyers at firms blacklisted by Trump's illegal executive orders and for lawyers at firms that cut a deal. Read our brief here: www.law.georgetown.edu/icap/wp-cont...

ms.nowOpinion | How Michale Flynn’s lies earned him a $1.2million settlementWhile this result is far from just, perhaps more concerning is what it invites others to do.

27 Mar

Just published! ICAP's Mary McCord warns about DOJ's $1.25 million payoff to Michael Flynn:

24 Mar

ICAP is honored to work with the MN AG and Hennepin County Attorney to seek justice for those harmed by the ICE surge in Minneapolis. Read the full complaint: www.law.georgetown.edu/icap/wp-cont...