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Institute for Constitutional Advocacy and Protection

Fact Sheets on Unlawful M*****as for All 50 States Now Available from Georgetown Law’s Institute for Constitutional Advocacy and Protection

ICAP and Law Firm Partners Release Nationwide Set of Guides to Help Communities Prepare for Possible Unlawful M*****a Intimidation at the Polls

WASHINGTON, September 22, 2020 — In anticipation of possible unlawful m*****as intimidating v**ers at the polls, Georgetown Law’s Institute for Constitutional Advocacy and Protection (ICAP) has released fact sheets on unlawful m*****as for all 50 states. The fact sheets provide key information about lawful and unlawful m*****as, state laws prohibiting private m*****as and paramilitary activity, and what to do if citizens see groups of armed individuals near polling places.

“Local officials, law enforcement, and v**ers need to know that groups of armed individuals have no legal authority under federal or state law to show up at v****g locations claiming to protect or patrol the polls,” said Mary McCord, Legal Director of ICAP and a former Acting Assistant Attorney General for National Security at the Department of Justice. “Given the increasing self-deployment of private unlawful m*****as during protests against racial injustice across the country, intimidating peaceful protesters and heightening the risk of violence—sometimes with tragic results—communities must prepare for similar unlawful private m*****a activity and intimidation in connection with the e******n.”

As the fact sheets explain, the U.S. Constitution and state laws use the term “m*****a” to refer to all able-bodied residents between certain ages who may be called forth by the government when there is a specific need; but private individuals have no legal authority to activate themselves for m*****a duty outside the authority of the federal or state government. The fact sheets also explain that the Second Amendment does not protect private m*****a activity, pointing to decisions from the U.S. Supreme Court in 1886 and 2008 making clear that the Second Amendment “does not prevent the prohibition of private paramilitary organizations.”

All 50 states prohibit private, unauthorized groups from engaging in activities reserved for the state m*****a, including law enforcement activities. The fact sheets include these state-specific laws. They also include guidance for what individuals can do if they see what appear to be m*****a members near a polling place, and direct that they report their observations to the E******n Protection helpline at 866-OUR-V**E (866-687-8683), with which ICAP is coordinating its efforts.

The fact sheets were produced with the pro bono assistance of the law firms Akin Gump Strauss Hauer & Feld, Jones Day, and O’Melveny and Myers. These firms are part of a coalition of lawyers and law firms that have offered to work pro bono with communities facing threats of political violence at protests, rallies, and other public events. ICAP recently published a guidebook, Protests and Public Safety: A Guide for Cities and Citizens, as a resource for local jurisdictions, concerned residents, and activists across the country to protect public safety while fostering constitutional rights.

Contact: Megan Royer, mroyer@gpg.com / (704) 995-0765

About Georgetown Law’s Institute for Constitutional Advocacy and Protection (ICAP)

******The mission of the Institute for Constitutional Advocacy and Protection is to use the power of the courts to defend American constitutional rights and values. The Institute, based at Georgetown University Law Center, draws on expert litigators, savvy litigation strategy, and the constitutional scholarship of Georgetown to vindicate individuals’ rights and protect America’s constitutional way of life.

Senator Edward J. Markey (D-Mass.) and Congressman Jamie Raskin (MD-08) introduced legislation on Thursday that would effectively outlaw m*****as in America.

The proposal highlights Democrats’ complete disregard for the U.S. Constitution as the Second Amendment of the Bill of Rights clearly states, “A well regulated M*****a, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The American Declaration of Independence made it clear the people have the “right” to abolish or alter any government that has become destructive to the pursuit of happiness.

And “when a long train of abuses and usurpations,” have reduced the country to “absolute despotism,” it is the people’s “duty to throw off such government, and to provide new guards for their future security.”

Senator Edward J. Markey (D-Mass.) and Congressman Jamie Raskin (MD-08) introduced legislation on Thursday that would effectively outlaw m*****as in America.

The proposal highlights Democrats’ complete disregard for the U.S. Constitution as the Second Amendment of the Bill of Rights clearly states, “A well regulated M*****a, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The American Declaration of Independence made it clear the people have the “right” to abolish or alter any government that has become destructive to the pursuit of happiness.

And “when a long train of abuses and usurpations,” have reduced the country to “absolute despotism,” it is the people’s “duty to throw off such government, and to provide new guards for their future security.”