WASHINGTON- Justice Department leaders have ordered the FBI to “compose a list of groups or entities involved in acts that may constitute domestic terrorism” by early next year, and to establish a “cash reward system” that incentivizes people to report on their fellow Americans, according to a memo reviewed by The Times.
The memo, dated Dec. 4, directs law enforcement agencies to identify “domestic terrorists” who use violence, or the threat of violence, to promote 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 immigration crackdown, it says problematic “political and social agendas” could include “opposition to immigration law and enforcement, extreme views in favor of mass migration and open borders.”
The memo, sent by Atty. Gen. Pam Bondi, speaking before federal prosecutors and law enforcement agencies, follows up on a presidential memorandum signed by Trump immediately after the assassination of Charlie Kirk, a prominent conservative figure, that gave civil rights groups pause about possible attacks on political activists, donors and nonprofit organizations that oppose the president.
The memo also outlines what it says are causes of domestic terrorist activity, including “hostility toward traditional views on family, religion, and morality.”
“Federal authorities will prioritize this threat. When federal crimes occur, federal agents will take action,” the memo states.
Some national security experts said the memo represents a dramatic operational shift, directing federal prosecutors and agents to address domestic terrorism in an “ideologically unilateral” manner. At worst, critics said, the memo provides legal justification for criminalizing free speech.
“I think this has a chilling impact, because it definitely appears to be directing law enforcement toward particular points of view,” Mary McCord, former acting assistant attorney general for national security, said in an interview.
The memo, for example, focuses primarily on Antifa-aligned extremism, but omits other trends that have been identified in recent years as growing domestic threats, such as violent white supremacy. Since Trump took office, the FBI has trimmed its designated office to focus on domestic extremism, pulling resources from investigations into white supremacists and right-wing anti-government groups.
The memo's push to gather intelligence on Antifa through internal lists and public tip lines also raised questions about the scope of the fact-finding mission and how wide a net investigators could cast.
“Whether you are going to a protest, whether you are considering a law, whether you are considering undertaking a particular business activity, ambiguity will affect your risk profile,” Thomas Brzozowski, a former Justice Department domestic terrorism lawyer, said in an interview.
“It's the unknown that people will fear,” he added.
Protesters dressed in 1980s-style aerobics suits exercise during a rally called “Sweatin' Out the Fascists” on Sunday in Portland, Oregon.
(Natalie Behring/Getty Images)
Groups such as the American Civil Liberties Union have expressed alarm about the new policy, which could be used by the Justice Department to target civil society groups and Democratic individuals and entities with onerous investigations.
But the White House maintains that Democratic appointees under the Biden administration similarly attacked conservative extremists.
Members of Trump's team have adopted political retaliation as a course of action. Ed Martin, the president's pardon lawyer, has openly advocated for Justice Department investigations that would burden Trump's perceived enemies, as well as leniency for his friends and allies.
“No MAGA is left behind,” Martin wrote on social media in May.
The memo directs law enforcement agencies to “zealously” investigate those involved in what it calls possible domestic terrorist actions, including “doxing” of law enforcement. Authorities must also “map the entire network of guilty actors” potentially linked to the crime.
Domestic terrorism is not an official designation in US law. But the directive cites more than two dozen existing laws that could support charges against domestic extremists and their supporters, such as conspiracy to injure an officer, seditious conspiracy, and mail and wire fraud.
Only in a footnote to the memo does the Justice Department acknowledge that the US government cannot “investigate, collect, or maintain information about US persons solely for the purpose of monitoring activities protected by the First Amendment.”
“No investigation may be opened based solely on activities protected by the First Amendment or the lawful exercise of rights guaranteed by the Constitution or the laws of the United States,” the footnote says.
Some tension could arise when citizens report what 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 of what they believe are suspected acts of domestic violence, and to establish a “cash reward system” for information leading to an arrest.
“People will report because they want to get paid,” Brzozowski said. He added that some information could end up being unreliable and likely related to other Americans exercising their constitutional rights.
State and local law enforcement agencies that comply with the Department of Justice directive will be prioritized for federal grants.
A man dressed as a bee participates in the Kingsless Day of Peaceful Action in downtown Los Angeles on October 18.
(Genaro Molina / Los Angeles Times)
One of the memo's directives would require the FBI to disseminate an “intelligence bulletin on Antifa and Antifa-aligned anarchist violent extremist groups” early next year.
“The bulletin should describe relevant organization structures, funding sources, and tactics 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 memo states.
The mission will span multiple agencies, with the FBI working alongside joint counterterrorism task forces across the country, as well as the Counterterrorism Division and the National Threat Operations Center, among others, to provide updates to Justice Department leadership every 30 days.
