Ex-DOJ Lawyer Raises Alarm Over New Antifa Indictment

UPDATE: A former senior Department of Justice lawyer has sounded the alarm over the federal government’s categorization of “antifa” as a “militant enterprise.” This concern follows the recent indictment of two individuals, Zachary Evetts and Cameron Arnold, accused of attacking the ICE Prairieland Detention Center in Alvarado, Texas on July 4, 2023.

The indictment, revealed on Thursday, charges both men with providing material support to terrorists and three counts each of attempted murder of federal officers. The government claims they are linked to an “antifa cell,” defining the movement as an “enterprise” comprising networks adhering to revolutionary anarchism or autonomous Marxist ideology. This marks a significant shift in the language used by officials regarding the group.

Attorney General Pam Bondi took to social media, declaring, “Antifa is a left-wing terrorist organization. They will be prosecuted as such.” Meanwhile, FBI Director Kash Patel stated, “Under President Trump’s new authorities, we’ve made 20+ arrests. No one gets to harm law enforcement. Not on my watch.”

The indictment alleges that one member, identified only as “Coconspirator-1,” fired at law enforcement during the July 4 incident, striking an officer in the neck area. The shooter has been named as Benjamin Hanil Song, who faces separate charges of attempted murder of federal agents.

Former DOJ counsel Thomas E. Brzozowski, who has served across multiple presidential administrations, expressed deep concerns over the implications of this classification. “The choice of the term ‘enterprise’ is illuminating,” he stated. “It gives them the authority to look at a lot of stuff—membership, recruiting, funding.”

Brzozowski warns that the broad definition could lead to a vast surveillance dragnet, capturing individuals who may not be directly involved in violence. “With such a vague criterion, anyone could be swept up in this investigation,” he said. “This is a problem.”

The indictment parallels language from former President Trump’s executive order labeling “antifa” as a “domestic terrorist organization.” It suggests a growing trend of federal scrutiny over groups opposing government policies, particularly regarding immigration enforcement.

Legal representatives for Evetts, including attorney Patrick McLain, maintain their client believed he was attending a protest, not engaging in violence. “Mr. Evetts was going to protest and shoot fireworks,” McLain explained, emphasizing that his client was not armed.

The prosecution utilizes a statute known as § 2339A, which can carry a prison sentence of up to 15 years. This statute has been increasingly applied to prosecute various groups, raising concerns about the potential criminalization of political beliefs.

As the situation develops, experts are urging caution regarding the implications of such classifications on civil liberties and the potential for a chilling effect on legitimate protest activities. “You never know if you’re going to be swept up in a dragnet,” Brzozowski cautioned, pointing to the potential for misidentification and wrongful prosecution.

With tensions rising and federal authorities ramping up their focus on perceived domestic threats, the broader implications of this indictment could reshape the landscape of political dissent in the U.S. Observers and advocates are closely monitoring the situation as the legal proceedings unfold.

Stay tuned for further updates on this developing story as more information becomes available.