ICAP and Law Forward represent Wisconsin taxpayers, voters, and presidential electors in a lawsuit against the fraudulent electors and their co-conspirators who sought to have their votes for Trump and Pence counted on January 6 instead of the votes of the legitimate presidential electors whose ballots represented the will of the Wisconsin voters.

ICAP represents the House Select Committee to Investigate the January 6th Attack on the United States Capitol in its defense against a lawsuit by Donald Trump seeking to enjoin the release of Presidential records from the National Archives containing White House communications relating to the events on and leading up to January 6, 2021.

ICAP also represented the House Judiciary Committee in its lawsuit to compel the former White House Counsel to testify on matters and information discussed in the Special Counsel’s Report and in its suit for access to grand jury materials redacted from the Mueller report.  In addition, ICAP sought information under FOIA on how USCIS implemented a since-rescinded public charge rule that gave it expansive authority to deny noncitizens admission to the United States, information under the Maryland Public Information Act to to shed light on the Baltimore Police Department’s compliance with legally mandated transparency practices, and represents plaintiffs in a lawsuit seeking information under FOIA to uncover details regarding the expulsion of unaccompanied and undocumented children without legal process since the beginning of the COVID-19 epidemic

ICAP has also written op-eds, filed amicus briefs, and gathered important voices challenging the Executive Branch to push for public disclosure of important documents, to protect government whistleblowers, and to ensure accuracy in government reporting.

ICAP has produced guidance for fostering First Amendment rights in a variety of circumstances, including related to elections, polling places, and public protests and demonstrations.

• “Constitutional Sheriffs” and Elections
• Guidance Related to Elections and Polling Places
• Guidance Related to Public Protests and Demonstrations
• Countering Bigotry and Extremism in the Ranks: A First Amendment Guide for Law Enforcement Agencies

Our Work

• 12/6/23 – Entered a settlement in Penebaker v. Hitt with the ten defendants who met at the Wisconsin State Capitol on December 14, 2020, and falsely signed papers certifying that they were Wisconsin’s presidential electors, and filed a stipulation of dismissal, which the court entered by order dated 12/7/23. Under the settlement, the ten individuals acknowledged that their false electoral votes were used to as part of an effort to overturn the results of the 2020 election and disrupt the peaceful transfer of presidential powers; affirmed that President Biden won the 2020 presidential election; and agreed not to serve as electors in the next election or to sign a certification in any future election in which they are not duly certified electors under Wisconsin state law.  Further details are available in the press release issued by ICAP and our partner Law Forward.  As part of the settlement, we are authorised to publish over 500 pages of discovery materials. The case continues as to two remaining defendants.
• 10/26/22 – Filed a brief urging the Supreme Court to reject a broad reading of the so-called independent state legislature theory, which would give partisan state legislatures the power to draw congressional redistricting maps without being subject to state court review for compliance with state constitutions
• 10/11/22 – Filed a motion for leave to file an amicus brief arguing that the removal by the King County, Washington, government of privately placed signs falsely claiming that ballot drop boxes were under surveillance and misleadingly threatening that depositing ballots for others was illegal did not violate the First Amendment rights of the sign planter
• 11/16/20 – Filed a brief in the Supreme Court on behalf of the House of Representatives challenging an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants
• 8/31/20 – Filed briefs in the District Court for the Northern District of California on behalf of the House of Representatives challenging an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants
• 8/21/20 – Filed a brief in the District Court for the District of Maryland on behalf of the House of Representatives challenging an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants
• 8/14/20 – Filed a brief in the District Court for the Southern District of New York on behalf of the House of Representatives challenging an executive memo calling for the apportionment of the House of Representatives to exclude undocumented immigrants
• 2/23/20 – Published an article spotlighting the potential for section 2 of the 14th amendment to combat voter suppression
• 7/12/19 – Published an op-ed calling for a sustained fight against efforts to suppress the count of vulnerable communities in the 2020 census, even after the conclusion of a protracted legal battle
• 5/31/19 – Published an op-ed questioning whether the legitimacy of the Supreme Court will survive once it decides a case concerning the addition of a citizenship question to the census, after evidence surfaced showing the rationale for adding the question to be a deliberate pretext
• 4/15/19 – Filed a brief on behalf of national security professionals noting the persistence and escalation of foreign interference in U.S. elections and spotlighting the particular vulnerability of South Carolina’s election infrastructure
• 4/1/19 – Filed a brief in the Supreme Court on behalf of the House of Representatives at the merit stage denouncing the Commerce Department’s attempt to add a citizenship question to the census
• 3/8/19 – Co-hosted a discussion with Checks and Balances of the role of lawyers in promoting civil discourse, upholding the separation of powers, and defending the rule of law
• 2/11/19 – Filed a brief in the Supreme Court on behalf of the House of Representatives at the petition stage denouncing the Commerce Department’s attempt to add a citizenship question to the census
• 1/22/19 – Published an op-ed calling for increased safeguards against foreign intervention in elections
• 1/16/19 – Published an op-ed on attorney general nominee William Barr and the public release of the Mueller report
• 11/8/18 – Filed an expert declaration expressing concerns about the cybersecurity of Georgia’s Voter Database
• 10/16/18 – Wrote an op-ed explaining why a report by the Departments of Justice and Homeland Security wrongly links immigration to terrorism
• 9/13/18 – Sent a letter to the Departments of Justice and Homeland Security requesting reconsideration of their report implying a link between terrorism and immigration
• 7/25/18 – Published an op-ed calling for greater transparency regarding cybersecurity preparations for 2020 Census
• 7/16/18 – Sent a letter on behalf of cybersecurity experts urging greater transparency regarding cybersecurity preparations for 2020 Census
• 3/8/18 – Filed a brief urging the Supreme Court to hear a major whistleblower case
• 2/21/18 – Filed a lawsuit seeking records from the State Department pertaining to the Department’s promotion of Mar-a-Lago on official websites and social media accounts
• 1/18/18 – Sent a letter to Commerce Secretary Ross raising legal concerns regarding Census Bureau leadership
• 12/22/17 – Sent a letter to President Trump on behalf of 22 former U.S. Attorneys urging him to allow Special Counsel Robert Mueller time and space to complete his work
• 12/5/17 – Filed a brief  on behalf of cybersecurity experts pointing to cybersecurity shortcomings by the Pence-Kobach Commission as grounds for injunctive relief halting the Commission’s effort to obtain sensitive voter information
• 9/28/17 – Filed an expert declaration calling on Texas to demand protections for sensitive voter information before providing it to the Pence-Kobach Commission
• 8/30/17 – Published an op-ed urging the Office of Special Counsel to reaffirm protections against retaliation for senior civil servants
• 8/24/17 – Joined with outside experts to publish an op-ed urging states to demand protections for sensitive voter information before providing it to the Presidential Advisory Commission on Election Integrity (“Pence-Kobach Commission”)
• 8/24/17 – Filed a letter with the Office of Special Counsel on behalf of 13 leading legal scholars in support of a whistleblower alleging retaliatory reassignment by the Interior Department