…the very definition of a Republic, is
“an Empire of Laws, and not of men.”

- John Adams, Thoughts on Government, April 1776

Our Impact

March 18th, 2024 Brief of Amicus Curiae:
THE GUARDIAN DEFENSE FUND, INC. IN SUPPORT OF NEITHER PARTY FILED.
In the case of DONALD J. TRUMP v. UNITED STATES OF AMERICA, the Guardian Defense Fund filed an amicus curiae brief addressing the fundamentally unconstitutional and illegal appointment of Special Counsel Jack Smith by Attorney General Merrick Garland. The Constitution places extraordinary executive power in the hands of a single individual—the President. The Constitution empowers the President with the solemn duty to “take Care that the Laws be faithfully executed.” To allow an Attorney General to unilaterally appoint counsel to investigate a former President for acts allegedly committed during his Presidency gravely constrains Presidential authority, for as the Supreme Court stated in 2010, “the President cannot ‘take Care that the Laws be faithfully executed’ if he cannot oversee the faithfulness of the officers who execute them.” Free Enter. Fund v. Pub. Co. Accounting Oversight Bd., 561 U.S. 477, 484 (2010).

Congress, recognizing the constitutional limitations, narrowly crafted Title VI of the Ethics in Government Act in 1978 to allow investigation of a president, which was upheld by the Supreme Court in 1988. This law required the joint efforts of the Legislative, Judicial, and Executive branches, and Congress reenacted it each time there proved a need—and allowed it to sunset when that need subsided, the last time in 1999. The general statutes Attorney General Garland used to attempt to justify his purported appointment do not grant this extraordinary authority, and therefore the Special Counsel’s appointment was void from the start.
“[t]here is currently no law on the books that provides for the appointment of a special prosecutor with the authority to investigate a President, as Title VI did. It is clear from past Congressional action that if Congress intended to have such a law in force, it knows how to do so. Indeed, it reenacted Title VI specifically to permit the Starr investigation, and then once again removed it from the books. The only conclusion that can be drawn is that it is the intent of Congress that there shall be no more special prosecutors investigating the President—that is, unless Congress were to again legislate Title VI or a substantially similar law into action.”
We were pleased to see Justice Thomas, in his concurrence, acknowledge this critical constitutional limitation and address the statutes and cases we brought to the Court’s attention in our amicus brief. Then, on July 15, 2024, Judge Aileen Cannon of the United States District Court, Southern District of Florida, wholly dismissed the superseding indictment in United States of America v. Trump, Case No. 23-80101, alleging that former President Trump wrongfully retained classified documents after his presidency, based largely on these same arguments. In her excellent and scholarly opinion, she expressly acknowledged Justice Thomas’s concurrence and found that the Special Counsel’s appointment fundamentally violated the same constitutional safeguards and statutes that our brief addressed.

The Guardian Defense Fund is proud to have played such a significant role in defending against unconstitutional overreach. Our Republic needs people of good will prepared to stand for our founding principles, and GDF intends to continue to defend the rule of law through this great country.
BRIEF OF AMICUS CURIAE: THE GUARDIAN DEFENSE FUND, INC. IN SUPPORT OF NEITHER PARTY
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The Guardian Defense Fund, Inc.’s mission is to advocate for free and fair elections and to defend the founding principle that the United States of America is a nation of laws, not of man, and neither her elected representatives and executives nor her judges and justices are above or beyond their reach. The appointment of Special Counsel to investigate the President without careful adherence to precedential Constitutional safeguards abrogates the will of voters and quells the power of their voices in their own governance.
I believe there are more instances of the abridgement of
freedom of the people by gradual and silent encroachments
by those in power than by violent and sudden usurpations.

- James Madison, General Defense of the Constitution, June 6, 1788

Our VISION

Develop, litigate, and drive litigation intended for certiorari to the United States Supreme Court.

Advocate for the rule of law and individual rights in amicus briefs on pivotal cases before the Circuit Courts of Appeal and the United States Supreme Court.

Consult with other guardians of liberty to develop cohesive strategies to combat the corrosion of federalism and civil liberties.

Communicate our republic’s founding principles through public outreach and education at all levels.

Our CALL

Accomplishing the Vision
We have done mighty works with little—toppled administrative regimes, freed Americans from odious law, and guarded our precious freedom. With additional resources, our litigators can develop the cases and theories to continue to defend Americans against the erosion of their freedoms, and we can continue our work to educate the citizenry about their liberty—so rare and cherished in all the history of civilization. We must remain vigilant and ever on guard.

Our Purpose
The Guardian Defense Fund, Inc. has applied for nonprofit status under 501(c)(4) of the Internal Revenue Code. Our organization will be  involved in the following:
  • Develop, litigate, and drive litigation intended for certiorari to the United States Supreme Court.
  • Advocate for the rule of law and individual rights in amicus briefs on pivotal cases before the Circuit Courts of Appeal and the United States Supreme Court,
  • Consult with other guardians of liberty to develop cohesive strategies to combat the corrosion of federalism and civil liberties.
  • Communicate our republic’s founding principles through public outreach and education at all levels.
  • Any and all activities permitted by law and consistent with the provisions of section 501 (c)(4) of the Internal Revenue Code.
It is in truth not for glory, or riches, or honours
that we are fighting, but for freedom- for that alone
no honest man gives up but with life itself.”

- The Declaration of Abroath, 1320
Please donate and support our efforts to fight for our God-given freedoms in America.

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