Trump’s Designation of Antifa as a Terrorist Organization

After President Donald Trump declared Antifa a terrorist organization following the assassination of Charlie Kirk, an expert noted that the president has several “strong” tools at his disposal to address the group.

Michael Barboni, a lawyer and former legislator in New York, has held positions including chair of the Senate’s Homeland Security Committee. He was also part of the state’s domestic terrorist task force appointed by Governors Andrew Cuomo and Kathy Hochul.

It’s important to recognize that under the US terrorist law defined by the Immigration and Nationality Act, only foreign groups can be classified as terrorists, leaving no federal law applicable to domestic organizations. Despite this, Trump still possesses avenues to combat Antifa through the Racketeer Influenced and Corrupt Organizations Act, often referred to as RICO.

Barboni explained, “RICO isn’t just about a singular act.” He suggested that it can facilitate scrutiny of an ongoing criminal enterprise. Defendants found guilty under RICO must show a pattern of illegal activity over time, which emphasizes the continual threat posed by such groups. He mentioned possibilities for a comprehensive approach to address the individuals involved, regardless of their terrorist designation.

However, Barboni cautioned that the Trump administration must tread carefully to avoid infringing on First Amendment rights, especially for those protesting peacefully.

Reflecting on Trump’s robust stance, Barboni remarked that the president’s strategies could effectively leverage existing laws against Antifa’s operations. He commented, “It’s hard to imagine a group that’s less sympathetic than Antifa. If you’re challenging to overthrow the US, who would defend you?”

Barboni acknowledged that amending laws could be necessary to apply domestic terrorist classifications, distinct from those outlined in the Immigration and Nationality Act. He noted that Congress has the ability to create new legislation addressing domestic threats more comprehensively.

Trump’s announcement of designating Antifa as a “major terrorist organization” followed closely after the death of Charlie Kirk, a veteran conservative voice, during the “American Comeback Tour.” The suspect, Tyler Robinson, was described by his family as having “radical” political views aligned with the left.