U.S. President Donald Trump on the 22nd (local time) signed an executive order designating the anti-fascist left-wing movement "Antifa" as a "domestic terrorist organization." It is a follow-up to his pledge to "sweep out the radical left" after the killing of conservative activist Charlie Kirk.
In the executive order signed that day, President Trump called Antifa "a militaristic anarchist group that explicitly calls for the overthrow of the U.S. government, law enforcement, and the rule-of-law system." According to the order, all federal departments and agencies in the United States were directed to investigate all illegal activities carried out by Antifa, especially acts of terrorism, and to use all authorities to dismantle the group. The measures also include investigating and prosecuting people who finance Antifa activities.
All 219 terrorist organizations designated by the U.S. State Department are groups based overseas. This is the first time a group inside the United States has been designated a terrorist organization.
Legal experts pointed out issues of law. The New York Times (NYT) reported that "the United States does not have a law that designates domestic terrorist organizations." Federal law authorizes the State Department to designate "Foreign Terrorist Organizations (FTOs)" to freeze asset and criminalize acts that support them. But there is no similar law for domestic groups.
Opinions also diverge on whether Antifa is actually seeking to overthrow the government. Antifa is short for "anti-fascist." It has no specific leader or central organization. It is closer to a "decentralized movement" or "ideology" that encompasses individuals and groups who share beliefs. The BBC said, "Questions are being raised about how the government will target Antifa, which has no membership list or hierarchy." Because it is not a specific organization, punishing individuals merely for supporting anti-fascist ideology would likely violate the freedom of expression guaranteed by the First Amendment.
The White House says a hard-line response is unavoidable in the wake of the killing of Charlie Kirk. White House Spokesperson Karoline Leavitt noted that anti-fascist wording was engraved on the bullets used by the suspect in Kirk's killing and listed several cases of violent crimes carried out by Antifa. The executive order also stated that Antifa "conducts a campaign of violence and terror through organized riots, violent attacks on law enforcement officers, and doxxing of politicians."
But major outlets reported that investigators have yet to find credible evidence that directly links the suspect in Kirk's killing to Antifa. In the end, analysts say the executive order has more of a political aim—to intimidate critics of the Trump administration and pressure law enforcement to investigate political opponents—than clear legal effect. Politico assessed the move as "formalizing President Trump's menacing attacks on his political rivals and paving the way for a government crackdown on left-wing opponents."