The Mercury News

Trump says U.S. will declare antifa a terrorist group.

- By Maggie Haberman and Charlie Savage

President Donald Trump said on Twitter on Sunday that the United States would designate a group of far-left anti-fascism activists as a terrorist organizati­on, a declaratio­n that lacked any clear legal authority, as his administra­tion sought to blame the group for violent protests across the nation over the weekend.

“The United States of America will be designatin­g ANTIFA as a Terrorist Organizati­on,” Trump wrote.

Trump has periodical­ly criticized antifa, a contractio­n of the word “anti-fascist” that has come to be associated with a diffuse movement of left-wing protesters who engage in more aggressive techniques like vandalism.

But it was not clear that Trump’s declaratio­n would have any real meaning beyond his characteri­stic attempts to stir a culture-war controvers­y, attract attention and please his conservati­ve base.

First, antifa is not an organizati­on. It does not have a leader, membership roles or any defined, centralize­d structure. Rather, it is a vaguely defined movement of people who share common protest tactics and targets.

More important, even if antifa were a real organizati­on, the laws that permit the federal government to deem entities terrorists and impose sanctions on them are limited to foreign groups. There is no domestic terrorism law, despite periodic proposals to create one.

“There is no authority under law to do that — and if such a statute were passed, it would face serious First Amendment challenges,” said Mary B. McCord, a former head of the Justice Department’s National Security Division. “But right now, the only terrorist authority is for foreign terrorist organizati­ons.”

In dealing with effectivel­y domestic terrorism investigat­ions into neo-Nazi organizati­ons like the Base and Atomwaffen Division, for example, the FBI has treated them as criminal enterprise­s.

Neverthele­ss, in a statement after Trump’s tweet, Attorney General William Barr said the FBI would use its partnershi­ps with state and local police to identify violent protesters, whom he also called domestic terrorists.

“The violence instigated and carried out by antifa and other similar groups in connection with the rioting is domestic terrorism and will be treated accordingl­y,” Barr said.

But the American Civil Liberties Union condemned Trump’s vow in a statement from Hina Shamsi, its national security project director.

“As this tweet demonstrat­es, terrorism is an inherently political label, easily abused and misused,” Shamsi said. “There is no legal authority for designatin­g a domestic group. Any such designatio­n would raise significan­t due process and First Amendment concerns.”

Trump’s tweet appeared to be part of an effort by his administra­tion to blame farleft activists for the violence gripping the nation after the death of George Floyd in police custody in Minneapoli­s last week.

Earlier Sunday, Trump’s national security adviser, Robert O’Brien, blamed such activists during appearance­s on CNN and ABC News, saying that he had not seen anything to corroborat­e reports by the Department of Homeland Security and the news media that farright groups were also stoking violence.

O’Brien said the FBI needed to “come up with a plan” to deal with antifa.

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