CAIR Minnesota v. Atlas Aegis

On October 6, 2020 an advertisement for armed security on election day in the Minneapolis/St. Paul metro area appeared on job posting websites. Interviews with Anthony Caudle, the chairman of Atlas Aegis, in The Washington Post confirmed the authenticity of the advertisements and threatening to send ex-special forces soldiers to polling places in Minnesota. Atlas Aegis’s plan to hire and deploy armed ex-soldiers to polling sites in the state constituted illegal voter intimidation under the Voting Rights Act of 1965.  Free Speech For People represented The Council on American-Islamic Relations of Minnesota (CAIR-MN) and the League of Women Voters of Minnesota in a federal lawsuit against a private mercenary contractor, Atlas Aegis, for voter intimidation in Minnesota. We sought and obtained a preliminary court order to stop the defendants’ unlawful conduct and to protect the fundamental right to vote in the November 2020 election. In February 2021, we resolved the remaining claims in the lawsuit with a five-year consent decree.

Under the consent decree, which lasts until January 1, 2025, Atlas Aegis and Caudle are:

• Prohibited from deploying armed agents within 250 feet of (or otherwise monitoring) any early voting location during early voting, a polling place on election day, places where ballots are being counted, recounted, or canvassed; or where county canvassing boards or the State Canvassing Board are meeting to canvass, inspect, or declare the results of that election; or where Minnesota’s presidential electors are meeting to vote in the presidential general election.
• Prohibited from otherwise taking any action to intimidate, threaten, or coerce voters, people aiding voters, or people engaged in tabulating, counting, or reporting votes.
• Required to notify CAIR-MN and LWV-MN in writing 25 days before any federal election if they are supplying security personnel for any non-election-related protective services (e.g., providing security for an art exhibition or concert) where armed security personnel may be visible to the public within 250 feet of a polling place on election day.

Any violations of the consent decree will be enforceable as contempt of court.

“America’s strength is our democracy, which is built on free and fair elections. Atlas Aegis planned a professional military-style action to intimidate minority voters in Minnesota, a clear threat to our democracy. On January 6th, our nation witnessed an insurrection fuel by the same efforts that propelled Atlas Aegis and others to undermine our democracy,” said Jaylani Hussein, executive director of CAIR-MN.

Hussein added: “The settlement reached today sends a strong message to Atlas Aegis and others across our state and nation that we will defend our democracy from both foreign and domestic threats. We are thankful to our partners the League of Women Voters of Minnesota, Free Speech for For People and Lathrop GPM LLP for their steadfast support in reaching this consent decree.”

“Today’s agreement ensures that Minnesota voters, especially voters of color, will be able to cast their ballots without fear of intimidation from armed vigilantes,” said Michelle Witte, executive director of the League of Women Voters of Minnesota. “The undeniable basis of Atlas Aegis’s planned deployment of armed agents to polling places was racism. We will always stand up to voter suppression in all forms, violent or systemic—especially when it targets voters of color.”

“The 2020 election and its aftermath tested our ability to hold free and fair elections and a peaceful transfer of power,” said Ron Fein, Legal Director of Free Speech For People. “This consent decree will help ensure that Minnesotans can vote without fear of intimidation.”

“I am proud to have represented the Council on American-Islamic Relations–Minnesota and the League of Women Voters of Minnesota in this case. The right to vote is one of the most precious rights of every American citizen, and it is our job as lawyers to protect that right,” said Julia Dayton Klein, Partner at Lathrop GPM. “Today, we protected this right for all Minnesotans regardless of race, religion or gender.”

The consent decree approved by the federal court requires the plaintiffs to state as follows:

“This matter has been resolved by agreement. The parties have agreed that Defendants shall be restricted in their actions as set forth in the terms of the attached Consent Decree. Defendants have not admitted any liability and specifically deny they have committed any statutory violation.”

We were pleased to partner with the law firms of Emery Celli Brinckerhoff Abady Ward & Maazel LLP, and Lathrop GPM LLP in this litigation.