What Does It Mean for Trump To Designate Antifa a 'Terrorist Organization'?
America doesn’t have an official list of domestic terrorist organizations, but the declaration could mean heavier political surveillance and RICO prosecutions.
President Donald Trump announced in a social media post on Wednesday night that he is "designating ANTIFA, A SICK, DANGEROUS, RADICAL LEFT DISASTER, AS A MAJOR TERRORIST ORGANIZATION." He made the same declaration in 2020 amid the Black Lives Matter protests against the police killing of George Floyd, with no real effect on the ground.
But Trump's new declaration came with another, more specific order: "I will also be strongly recommending that those funding ANTIFA be thoroughly investigated in accordance with the highest legal standards and practices." And that may be the real significance of his decision.
There is no such thing as a domestic terrorist organization list in the United States. When Congress debated the first counterterrorism legislation in the 1990s, the Clinton administration and the Anti-Defamation League (ADL) pushed for sweeping domestic police powers. It was Republicans who opposed those measures at the time because they worried that counterterrorism would be weaponized against the right.
As a compromise, the Antiterrorism and Effective Death Penalty Act of 1996 only allowed the government to designate and ban foreign terrorist organizations. The first Trump administration reportedly tried to paint Antifa as a foreign organization by pointing to Antifa activists who fought for Kurdish militias in Syria. The problem is that the same Kurdish militias were also allied with the U.S. military, which introduced a foreign policy complication.
The current administration could try to use the Palestinian solidarity movement to paint the left as foreign terrorists. Both Republican politicians and the ADL have tried to imply that student protesters are materially connected to Hamas. As with the Kurdish connection, however, the Palestinian connection to Antifa is fairly stretched.
During the 2020 unrest, then–Attorney General Bill Barr also reportedly told prosecutors to consider using the "seditious conspiracy" law against rioters. The law, passed during the Civil War to round up Confederate guerrillas, punishes any group of people that violently opposes the authority of the U.S. government. The government did not end up pursuing those charges.
The most obvious measure is one that Trump has already hinted at using: the Racketeer Influenced and Corrupt Organizations (RICO) Act. After protesters disrupted Trump's dinner last week, Trump told reporters that he asked the attorney general "to look into that in terms of RICO, bringing RICO cases against them. Criminal RICO. Because they should be put in jail, what they're doing to this country is really subversive."
Originally designed to go after the mafia, the RICO Act allows prosecutors to charge an entire organization for criminal behaviors. In September 2023, the state of Georgia tried to use its own state-level RICO law to prosecute members of Stop Cop City, a protest movement against a new police training center. A judge threw out the charges last week.
As many critics have pointed out, Antifa doesn't exist—at least not as a centralized organization. Anti-fascist is a label that many different left-wing and anarchist activists around the country have adopted, along with similar tactics and aesthetics. But the vagueness of the label can help rather than hinder the Trump administration, if its goal is to crack down on political enemies.
The RICO Act allows prosecutors to define more or less anything they want as a mafia organization, and the charges are nearly impossible to defend against, partly because the government can seize the defendant's assets before trial, making it impossible to pay a defense lawyer.
Trump's reference to "those funding ANTIFA" is a hint that he wants to tie Antifa rioting to various progressive donors, as in earlier attempts to go after the Palestinian movement. In May 2024, the House Oversight Committee and House Education Committee demanded information from a wide range of philanthropists—George Soros' Open Society Foundations, the Pritzker family's Libra Foundation, the Rockefeller Brothers Fund, and the Bill & Melinda Gates Foundation—about their connection to campus protests.
At the time, Foundation for Middle East Peace President Lara Friedman told Reason that this investigation was meant "to demonize parts of the tax-exempt sector that a part of the Republican Party views as a key target in the war on woke….If you make this about supposedly fighting antisemitism, you bring parts of the Democratic Party with you."
Now that the Republicans are in power, they may calculate that the war on woke no longer needs Democratic support, and they can go after their targets much more directly. But it doesn't take much imagination at all to see what the retaliation by a future Democratic administration might look like.
The Biden administration used seditious conspiracy charges to pin the January 2021 riot at the Capitol on the leaders of the right-wing Proud Boys, whom Trump later pardoned. Trump himself was charged under Georgia's RICO law in 2023 for alleged election interference, a case that is currently on pause but could be resumed in the future.
Of course, Trump's declaration about domestic terrorism was empty bluster in 2020. Given how much blood the Trump administration tastes from its successful attacks on critical media, and the fact that Democrats have broken the seal on other forms of domestic repression, this time might turn out to be more serious. The tools are there for a political crackdown—not a full descent into dictatorship, but for an escalation of the current surveillance state.
