The Constitutional Defense Fund (CDF), formerly Act2Impact, is a nonprofit organization that promotes and advocates for the constitutional rights of Americans though research, education, and litigation. ¹ CDF also promotes limited government, traditional values, individual liberties, and human dignity through its support of an originalist understanding of the U.S. Constitution. ²

Funding

The Constitutional Defense Fund is funded by donations from individuals, foundations, and businesses. While CDF does not disclose its donors, according to tax filings its largest known donor is DonorsTrust, which provided CDF over $11.7 million from 2020 through 2022. ³ Other donors include the Martino Family Foundation ($100,000 in 2020) ⁴ and the Story Garschina Foundation ($100,000 in 2020). ⁵

Activities and Spending

The Constitutional Defense Fund provides grants to like-minded nonprofit organizations that aim to defend the Constitution. ⁶  CDF has given grants to organizations like the Firearms Policy Foundation ($380,000 in 2022), the Claremont Institute for the Study of Statesmanship and Political Philosophy ($100,000 in 2022), and the Second Amendment Foundation ($50,000 in 2021). ⁷

The Constitutional Defense Fund also provides support in litigation related to the Constitution and the freedoms of Americans. ⁸  Between 2020 and 2022, CDF spent more than $8.4 million on litigation assistance from the Washington, D.C., law firm Cooper & Kirk PLLC. ⁹

In a July 2024 article, The Trace, a left-of-center, pro-gun-control news outlet, claimed that the Constitutional Defense Fund funneled its donations from DonorsTrust to Cooper & Kirk PLLC in an effort to challenge gun restrictions. The Trace reported that Cooper & Kirk has filed more than 21 lawsuits since 2020 challenging gun restrictions and that CDF grantees the Second Amendment Foundation and the Firearms Policy Foundation are the plaintiffs, individually or together, in each of these cases. The lawsuits challenge bans on AR-15-style rifles, magazine capacity limits, restrictions on young adults buying and carrying handguns, and the government’s ability to regulate homemade firearms. ¹⁰

Board of Directors

Dale Sutherland is the president of the Constitutional Defense Fund, International Care Ministries, and the Code 3 Association. Sutherland portrays himself as the “Undercover Pastor” and produces a blog, podcasts, and video teachings at his website. Sutherland formerly worked as an undercover narcotics officer in Washington, D.C. ¹¹ and as the lead pastor at the McLean Bible Church. ¹²

Joe Abdalla is the secretary of the board of CDF and the executive director of the Code 3 Association. Abdalla formerly worked as a narcotics officer for the D.C. Metropolitan Police Department. ¹³

Chris Clover is the treasurer of the board of CDF and is affiliated with the Code 3 Association. ¹⁴

Lucius Thompson is a former head of security at the McLean Bible Church ¹⁵ and sits on the board of the Code 3 Association. ¹⁶

1. The Constitutional Defense Fund LLC, Return of Organization Exempt from Income Tax (Form 990), 2022, Part I, Line 1.
2.  The Constitutional Defense Fund LLC, Return of Organization Exempt from Income Tax (Form 990), 2022, Part III, Line 1.
3. DonorsTrust, Return of Organization Exempt from Income Tax (Form 990), 2020-2022, Schedule I, Part II.
4. The Martino Family Foundation, Return of Private Foundation (Form 990-PF), 2020, Part XV, Line 3.
5. Story Garschina Foundation, Return of Private Foundation (Form 990-PF), 2020, Part XV, Line 3.
6. The Constitutional Defense Fund LLC, Return of Organization Exempt from Income Tax (Form 990), 2022, Part III, Line 4a.
7. The Constitutional Defense Fund LLC, Return of Organization Exempt from Income Tax (Form 990), 2021-2022, Schedule I, Part II.
8. The Constitutional Defense Fund LLC, Return of Organization Exempt from Income Tax (Form 990), 2022, Part III, Line 4b.
9. The Constitutional Defense Fund LLC, Return of Organization Exempt from Income Tax (Form 990), 2022, Part VII, Section B, Line 1.
10. Van Sant, Will. “Inside the Secret Multimillion-Dollar Operation to Dismantle America’s Gun Laws.” The Trace, July 30, 2024. Accessed August 25, 2024. https://www.thetrace.org/2024/07/gun-rights-lawsuits-donors-trust-funding/.
11. “About.” The Undercover Pastor. Accessed August 25, 2024. https://www.theundercoverpastor.com/about
12. “Dale Sutherland.” LinkedIn. Accessed August 25, 2024. https://www.linkedin.com/in/dale-sutherland-40067690/.
13. “Joe Abdalla.” LinkedIn. Accessed August 25, 2024. https://www.linkedin.com/in/joe-abdalla-7a1b70167/.
14. Code 3 Association, Return of Organization Exempt from Income Tax (Form 990), 2022, Part VI, Section C, Line 20.
15. “Lucius Thompson.” Baptist Accountability. Accessed August 25, 2024. https://baptistaccountability.org/list/lucius-thompson/.
16. Code 3 Association, Return of Organization Exempt from Income Tax (Form 990), 2022, Part VII, Section A, Line 1a.