Justice Department drafting a list of ‘domestic terrorists’

WASHINGTON— According to a memo reviewed by The Times, Justice Department leadership directed the FBI to “compile a list of groups or organizations involved in acts that may constitute domestic terrorism” by early next year and establish a “cash reward system” that incentivizes individuals to report on fellow Americans.

The Dec. 4 memo instructed law enforcement to identify “domestic terrorists” who use or threaten violence to advance political and social agendas, including “adherence to radical gender ideology, anti-Americanism, anti-capitalism, or anti-Christianity.”

Although the memo does not directly mention protests against President Trump’s crackdown on immigrants, it notes that problematic “political and social agendas” could include “opposition to laws and immigration enforcement, extreme views in favor of mass immigration and open borders.”

The memo, sent to federal prosecutors and law enforcement by Solicitor General Pam Bondi, follows a presidential memorandum signed by Trump in the wake of the killing of prominent conservative figure Charlie Kirk, which gave pause to civil rights groups about potentially targeting political activists, donors and nonprofits opposed to the president.

The statement also cites motives for domestic terrorist activity, including “hostility towards traditional views on family, religion and morality.”

“Federal law enforcement will prioritize this threat. When federal crime is encountered, federal agents will take action,” the statement says.

Some national security experts said the memo represented a dramatic operational shift, directing federal prosecutors and agents to approach domestic terrorism in an “ideologically one-sided” way. Critics said that, at worst, the memo provided legal justification for criminalizing free speech.

“I think it has a chilling effect because it certainly seems to bias enforcement toward certain viewpoints,” Mary McCord, a former assistant attorney general for homeland security, said in an interview.

For example, the memo focuses primarily on antifa-related extremism but ignores other trends identified as increasing domestic threats in recent years. like violent white supremacy. Since Trump took office again, the FBI has cut its designated office to focus on domestic extremism and pulled resources back from investigations into white supremacists and right-wing anti-government groups.

The memorandum’s push to gather intelligence on Antifa through internal lists and public tip lines has also raised questions about the scope of the investigative mission and how far-reaching net investigators can be.

“Whether you’re going to a protest, whether you’re considering a bill, whether you’re considering engaging in a particular business activity, uncertainty will impact your risk profile,” Thomas Brzozowski, the Justice Department’s former domestic terrorism adviser, said in an interview.

“What people fear is the unknown,” he added.

Groups such as the American Civil Liberties Union have expressed concerns about the new policy, which the Justice Department could use to target civil society groups and Democratic individuals and organizations with heavy-handed investigations.

But the White House argues that Democratic appointees under the Biden administration have similarly targeted conservative extremists.

Members of Trump’s team have embraced political revenge as a path of policy. The president’s pardon attorney, Ed Martin, has publicly advocated for leniency to his friends and allies, as well as Justice Department investigations that would burden Trump’s perceived enemies.

“There is no MAGA left behind,” Martin wrote on social media in May.

The declaration instructed law enforcement to “vigorously” investigate those who participated in what it called potential acts of domestic terrorism, including “doxing” of law enforcement officials. Authorities are also directed to “map the entire network of criminal actors” potentially linked to the crime.

Domestic terrorism is not an official definition in US law. But the directive cites more than two dozen existing laws that could substantiate charges against domestic extremists and their supporters, such as conspiracy to injure an officer, seditious conspiracy, and mail and wire fraud.

The Justice Department only acknowledges in a footnote to the memo that the U.S. government “may not investigate, collect, or retain information about U.S. persons solely for the purpose of monitoring activities protected by the First Amendment.”

“No investigation may be based solely on activities protected by the First Amendment or the lawful exercise of rights guaranteed by the Constitution or laws of the United States,” the footnote says.

Some tension can arise when citizens report incidents they believe to be suspected domestic terrorism to the FBI.

The memo directs the FBI’s online tip line to allow “witnesses and citizen journalists” to report videos, recordings and photographs they believe are suspected of acts of domestic violence and to establish a “cash reward system” for information leading to an arrest.

“People will inform because they want to get money,” Brzozowski said. He added that some of the information may be unreliable and possibly relevant to other Americans exercising their constitutional rights.

State and local law enforcement agencies that comply with the Department of Justice directive will be given priority for federal grant funding.

A man dressed as a bee attends the Day of Peaceful Action Without Kings on October 18 in downtown Los Angeles.

(Genaro Molina / Los Angeles Times)

One of the directives in the memo would require the FBI to issue “an intelligence bulletin on Antifa and Antifa-aligned anarchist violent extremist groups” early next year.

“The bulletin should describe the structures, funding sources, and tactics of relevant organizations so that law enforcement partners can effectively investigate and policymakers can effectively understand the nature and severity of the threat posed by these extremist groups,” the statement says.

The mission will span a variety of agencies, with the FBI working with joint terrorism task forces across the country, as well as the Counterterrorism Division and National Threat Operations Center, to provide updates to Department of Justice leadership every 30 days.