Can Trump designate it as a domestic terrorist organization?
Antifa is a domestic entity and, as such, is not a candidate for inclusion on the State Department’s list of foreign terror organizations. Dozens of groups, including extremist organizations like the Islamic State and al-Qaida, are included on that list. The designation matters in part because it enables the Justice Department to prosecute those who give material support to entities on that list even if that support does not result in violence.
But there is no domestic equivalent to that list in part because of broad First Amendment protections enjoyed by organizations operating within the United States. And despite periodic calls, particularly after mass shootings by white supremacists, to establish a domestic terrorism law, no singular statute now exists.
The executive order did not specify how Trump he would go about designating antifa as a domestic terrorist organization.
The issue is that there is literally no charge of providing material support to a designated domestic terrorist organization. It isn’t clear how any case of supporting “antifa” could be prosecuted. Without just straight up throwing out the rule of law finally and entirely that is.
I understand that, but his justice department will just do what he says. It will end up before the Supreme Court but not until damage is already done, and who knows how the Supreme Court will fuck up the ruling.
I don’t necessarily disagree with you, just wanted to clarify what the issue is. Effectively, someone will get charged and arrested but because there isn’t actually even the veneer of a crime to point to here, they won’t be able to indict, much less prosecute at trial, so I have no idea wtf will end up happening.