WASHINGTON — Justice Department leadership has directed the FBI to “compile a list of groups or entities engaged in acts that may constitute domestic terrorism” by the start of next year, and to establish a “cash reward system” that incentivizes individuals to report on their fellow Americans, according to a memo reviewed by The Times.
Law enforcement agencies are directed in the memo, dated Dec. 4, to identify “domestic terrorists” who use violence, or the threat of 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 mention protests against President Trump’s immigration crackdown directly, it says that problematic “political and social agendas” could include “opposition to law and immigration enforcement, extreme views in favor of mass migration and open borders.”
The memo, sent by Atty, Gen. Pam Bondi to federal prosecutors and law enforcement agencies, follows on a presidential memorandum signed by Trump in the immediate aftermath of the killing of Charlie Kirk, a prominent conservative figure, that gave civil rights groups pause over the potential targeting of political activists, donors and nonprofits opposed to the president.
The memo also outlines what it says are causes of domestic terrorist activity, including “hostility towards traditional views on family, religion, and morality.”
“Federal law enforcement will prioritize this threat. Where federal crime is encountered, federal agents will act,” the memo states.
Some national security experts said the memo represents a dramatic operational shift, by directing federal prosecutors and agents to approach domestic terrorism in a way that is “ideologically one-sided.” At worst, critics said, the memo provides legal justification for criminalizing free speech.
“I think this causes a chilling impact, because it definitely seems to be directing enforcement toward particular points of view,” Mary McCord, a former acting assistant attorney general for national security, said in an interview.
The memo, for example, primarily focuses on antifa-aligned extremism, but omits other trends that in recent years have been identified as rising domestic threats, such as violent white supremacy. Since Trump resumed office, the FBI has cut its office designated to focus on domestic extremism, withdrawing resources from investigations into white supremacists and right-wing antigovernment groups.
The memo’s push to collect intelligence on antifa through internal lists and public tip lines also raised questions over the scope of the investigative mission, and how wide a net investigators might cast.
“Whether you’re going to a protest, whether you’re considering a piece of legislation, whether you’re considering undertaking a particular business activity, the ambiguity will affect your risk profile,” Thomas Brzozowski, a former counsel for domestic terrorism at the Justice Department, said in an interview.
“It is the unknown that people will fear,” he added.
Protesters in 1980s style aerobic outfits work out during a demonstration dubbed “Sweatin’ Out the Fascists” on Sunday in Portland, Ore.
(Natalie Behring / Getty Images)
Groups such as the American Civil Liberties Union have expressed alarm over the new policy, which could be used by the Justice Department to target civil society groups and Democratic individuals and entities with burdensome investigations.
But the White House argues that Democratic appointees under the Biden administration targeted conservative extremists in similar ways.
Members of Trump’s team have embraced political retribution as a policy course. Ed Martin, the president’s pardon attorney, has openly advocated for Justice Department investigations that would burden who Trump perceives as his enemies, alongside leniency for his friends and allies.
“No MAGA left behind,” Martin wrote on social media in May.
Law enforcement agencies are directed in the memo to “zealously” investigate those involved in what it calls potential domestic terrorist actions, including “doxing” law enforcement. Authorities are also directed to “map the full network of culpable actors” potentially tied to crime.
Domestic terrorism is not an official designation in U.S. law. But the directive cites over 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.
Only in a footnote of the memo does the Justice Department acknowledge that the U.S. government cannot “investigate, collect, or maintain information on U.S. 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 secured by the Constitution or 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 online tip line to allow “witnesses and citizen journalists” to report videos, recordings and photos of what they believe to be suspected acts of domestic violence, and establish a “cash reward system” for information that leads to an arrest.
“People will inform because they want to get paid,” Brzozowski said. He added that some information could end up being unreliable and likely be related to other Americans exercising their constitutional rights.
State and local law enforcement agencies that adhere to the Justice Department directive will be prioritized for federal grant funding.
A man dressed as a bee participates in the No Kings Day of Peaceful Action in downtown Los Angeles on Oct. 18.
(Genaro Molina / Los Angeles Times)
One of the directives in the memo 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 the relevant organizations structures, funding sources, and tactics so that law enforcement partners can effectively investigate and policy makers can effectively understand the nature and gravity of the threat posed by these extremist groups,” the memo states.
The mission will cross several agencies, with the FBI working alongside joint terrorism task forces nationwide, as well as the Counterterrorism Division and the National Threat Operations Center, among others, to provide updates to Justice Department leadership every 30 days.
