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Institute for Constitutional Advocacy and Protection (ICAP)

Website:

www.law.georgetown.edu/icap/
Location:

Washington, DC
Status:

Program of Georgetown University Law Center
Formation:

2017
Executive Director:

Mary McCord

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Institute for Constitutional Advocacy and Protection (ICAP) is a judicial institute within Georgetown University Law Center 1 that uses litigation to advance various left-of-center policy priorities. 2

ICAP advised the Biden administration on proposals to radically restructure the Supreme Court of the United States and helped gain the release of Presidential records from the National Archives containing White House communications relating to the January 6, 2021 riot at the U.S. Capitol. 3 It also represented the 117th Congress’s House Judiciary Committee in its lawsuit to compel a former White House Counsel to testify regarding Trump-Russia collusion claims in the Mueller Report. 4

ICAP has also argued against cash bail, opposed Trump administration immigration policy, 5 defended illegal immigrants and the concept of sanctuary cities, 6 and called challenge laws for absentee voting a “threat to election integrity.” 7 In September 2022, ICAP received $150,000 from the left-of-center Ford Foundation for its Combatting Militias and Police Violence Initiative. 8

History and Leadership

Institute for Constitutional Advocacy and Protection (ICAP) was founded in 2017 and filed its first brief on August 8, 2017. 9

Joshua Geltzer was the founding executive director of ICAP. 10 As of August 2023, Mary McCord is the executive director ICAP. Previously, McCord worked in the Obama administration Department of Justice as Acting Assistant Attorney General for National Security and Principal Deputy Assistant Attorney General for National Security. In 2021, she was appointed by then-Speaker of the House of Representatives Rep. Nancy Pelosi (D-CA) as legal counsel for the House of Representatives Task Force January 6 Capitol Security Review. 11

Activities and Funding

Institute for Constitutional Advocacy and Protection is an institute within Georgetown University Law Center 12 that uses novel litigation tools, strategic policy development, and other tactics to work on legal issues pertaining to individual rights and what ICAP identifies as democratic processes. ICAP uses the courts to advance its priorities and uses various education initiatives to drive legal dialogue. The organization works at the local, state, and federal levels. 13

Legal advocacy is at the heart of ICAP. The organization has submitted at least 73 amicus briefs to federal and state courts since its founding. 14

ICAP argued against cash bail, opposed Trump administration immigration policy, 15 and defends illegal immigrants and the concept of sanctuary cities, or jurisdictions that do not cooperate with federal immigration authorities. 16 ICAP’s Reforming Policing and Criminal Justice Branch opposes both cash bail and the death penalty. 17

ICAP also supports the Deferred Action for Childhood Arrivals (DACA) program that gives work authorization to illegal immigrants brought to the United States as children. 18 The organization has called challenge laws for absentee voting a “threat to election integrity” 19 and has represented individuals in lawsuits that allege discriminatory practices and unconstitutional police practices. 20

In both the fall and spring semesters, ICAP offers a practicum seminar in which Georgetown University Law Center students learn the strategy and legal considerations involved in bringing constitutional litigation. 21

Advocacy Positions

Institute for Constitutional Advocacy and Protection advised the Biden administration’s Presidential Commission on the Supreme Court of the United States on proposals to radically restructure the Supreme Court. 22

ICAP and Law Forward represented Wisconsin voters in a lawsuit against purported alternative electors from Wisconsin in the 2020 election and represents the House Select Committee to Investigate the January 6th Attack on the United States Capitol in its defense against a lawsuit by former President Donald Trump. ICAP has also represented the House Judiciary Committee in its lawsuit to compel a former White House Counsel to testify regarding the Trump-Russia collusion claims in the Mueller Report, 23 Trump administration immigration policy, and other issues. 24

ICAP helped gain the release of Presidential records from the National Archives and Records Administration containing White House communications relating to the January 6, 2021 U.S. Capitol riot. 25 The organization also has divisions addressing political violence, what the organization calls “unlawful paramilitaries,” and “threats to democracy.” 26

In 2023, ICAP released a “pride guidance” report related to speech and protests at LGBT parades. In the report, ICAP suggested that “armed extremists” may interfere with pride parades. 27 Members of ICAP have spoken on panels hosted by left-of-center New America and appeared on the activist Anti-Defamation League’s podcast. 28

ICAP has also co-hosted events on “political violence” with the Atlantic Council’s Digital Forensics Research Lab, Princeton University’s Bridging Divides Initiative, Institute for Strategic Dialogue, 21CP Solutions, Crime and Justice Institute, Global Project Against Hate and Extremism, and the left-leaning States United Democracy Center. 29

Funding

Institute for Constitutional Advocacy and Protection receives its funding from individual donations and grants. 30

In September 2022, ICAP received $150,000 from the left-of-center Ford Foundation for its Combatting Militias and Police Violence Initiative. 31 ICAP also received $200,00 from the Heising-Simons Foundation in 2021. 32

ICAP received $200,000 from the left-of-center Democracy Fund in 2018. 33 In 2017, ICAP received $400,000 from Democracy Fund. 34

References

  1. “Home.” Georgetown Law Institute for Constitutional Advocacy and Protection. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/.
  2. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  3. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  4. “Promoting Good Government: Voting Rights, Whistleblowers, and Transparency.” Georgetown Law. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/our-work/promoting-good-government-voting-rights-whistleblowers-and-transparency/.
  5. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  6. “Defending Immigrants and Sanctuary Cities.” Georgetown Law. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/our-work/defending-immigrants-and-sanctuary-cities/.
  7. Tecimer, Natalie. “A Threat to Election Integrity: Challenge Laws for Absentee Voting.” Institute for Constitutional Advocacy and Protection. June 8, 2020. Accessed August 6, 2023. https://medium.com/institute-for-constitutional-advocacy-and/a-threat-to-election-integrity-challenge-laws-for-absentee-voting-2b91e1aa941b.
  8. “Core support for the Institute for Constitutional Advocacy and Protection’s Combatting Militias and Political Violence Initiative.” Ford Foundation. September 2022. Accessed August 5, 2023. https://www.fordfoundation.org/work/our-grants/awarded-grants/grants-database/georgetown-university-143972/.
  9. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  10. “Joshua Geltzer.” New America. Accessed August 6, 2023. https://www.newamerica.org/our-people/joshua-geltzer/.
  11. “Mary B. McCord.” Institute for Constitutional Advocacy and Protection. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/our-team/mary-b-mccord/.
  12. “Home.” Georgetown Law Institute for Constitutional Advocacy and Protection. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/.
  13. “Home.” Georgetown Law Institute for Constitutional Advocacy and Protection. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/.
  14. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  15. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  16. [1] “Defending Immigrants and Sanctuary Cities.” Georgetown Law. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/our-work/defending-immigrants-and-sanctuary-cities/.
  17. “Reforming Policing and Criminal Justice.” Georgetown Law. Accessed August 6, 2023. https://www.law.georgetown.edu/icap/our-work/reforming-criminal-justice/.
  18. “Law Enforcement Leaders and Prosecutors Defend DACA.” Georgetown Law. March 20, 20218. Accessed August 5, 2023. https://www.law.georgetown.edu/news/law-enforcement-leaders-and-prosecutors-defend-daca/.
  19. Tecimer, Natalie. “A Threat to Election Integrity: Challenge Laws for Absentee Voting.” Institute for Constitutional Advocacy and Protection. June 8, 2020. Accessed August 6, 2023. https://medium.com/institute-for-constitutional-advocacy-and/a-threat-to-election-integrity-challenge-laws-for-absentee-voting-2b91e1aa941b.
  20. “Protecting Young People and Vulnerable Groups.” Georgetown Law. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/our-work/protecting-young-people-and-vulnerable-groups/.
  21. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  22. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  23. “Promoting Good Government: Voting Rights, Whistleblowers, and Transparency.” Georgetown Law. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/our-work/promoting-good-government-voting-rights-whistleblowers-and-transparency/.
  24. “Promoting Good Government: Voting Rights, Whistleblowers, and Transparency.” Georgetown Law. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/our-work/promoting-good-government-voting-rights-whistleblowers-and-transparency/.
  25. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  26. “Addressing Political Violence, Unlawful Paramilitaries, and Threats to Democracy.” Accessed August 6, 2023. https://www.law.georgetown.edu/icap/our-work/addressing-political-violence-unlawful-paramilitaries-and-threats-to-democracy/.
  27. “Guidance: Protecting Pride Events from Armed Extremist Activity.” Institute for Constitutional Advocacy and Protection. May 2023. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2023/05/Pride-Guidance-5.17.23.pdf.
  28. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  29. “2022 Annual Report.” Institute for Constitutional Advocacy and Protection. 2022. Accessed August 5, 2023. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2022/08/Annual-Report-2022.pdf.
  30. “Your Gift.” Georgetown University. Accessed August 5, 2023. https://secure.advancement.georgetown.edu/s/1686/18/giving.aspx?sid=1686&gid=4&pgid=3975&cid=5816&dids=238.144&bledit=1&sort=1&unit=8&appealcode=22LW002308.
  31. “Core support for the Institute for Constitutional Advocacy and Protection’s Combatting Militias and Political Violence Initiative.” Ford Foundation. September 2022. Accessed August 5, 2023. https://www.fordfoundation.org/work/our-grants/awarded-grants/grants-database/georgetown-university-143972/.
  32. “The Heising-Simons Foundation.” Return of Private Foundation. (Form 990-PF). Part XV. 2021. https://projects.propublica.org/nonprofits/organizations/260799587/202243139349101934/IRS990PF.
  33. “Democracy Fund Inc.” Return of Private Foundation. (Form 990-PF). 2018. Part XV. https://projects.propublica.org/nonprofits/organizations/383926408/201943199349105119/IRS990PF.
  34. “Democracy Fund Inc.” Return of Private Foundation. (Form 990-PF). 2017. Part XV. https://projects.propublica.org/nonprofits/organizations/383926408/201803189349103045/full.
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Institute for Constitutional Advocacy and Protection (ICAP)

600 New Jersey Ave NW
Washington, DC