June, 02 2020, 12:00am EDT
NLG Statement on the President's Unlawful Declaration of Antifa as a Domestic Terrorist Organization
In the long history of protest, governments have often sought to discredit political activists who challenge the status quo. President Donald Trump's recent declaration, that "Antifa"--shorthand for "anti-fascist"--is a domestic terrorist organization, is no departure from this tradition.
WASHINGTON
In the long history of protest, governments have often sought to discredit political activists who challenge the status quo. President Donald Trump's recent declaration, that "Antifa"--shorthand for "anti-fascist"--is a domestic terrorist organization, is no departure from this tradition. As protests continue to erupt around the country in response to the murder of George Floyd by a Minneapolis Police officer on May 25, people of all classes, races, genders, and political orientations are expressing outrage and grief in the streets and on social media. The demonstrators have been repeatedly and violently attacked by heavily militarized police departments using an array of tactics--including chemical weapons during a global pandemic--against people in the streets. In an effort to shift blame away from legitimate calls for racial justice and the violent police response to protests, the President is using his bully pulpit to obscure the fact that these demonstrations are supported by a broad majority of Americans.
The term Antifa originates in the 1930s when progressive activists organized to oppose far-right authoritarianism emerging throughout the world. In recent history, some have re-adopted the phrase as a political orientation opposed to the re-emergent ultranationalism in the US and throughout Europe and Latin America. Contrary to the suggestions of Trump and many of the right-wing politicians who support his presidency, Antifa has no leaders and it is not a formal organization, although activists who identify with the term often favor direct action instead of policy reform, as well as autonomous mutual aid. It is not clear who or what the targets of a federal Antifa investigation would be, and whether such an effort would be lawful.
"When police continue to murder Black people with impunity and when calls for systemic change to policing and structural racism are ignored, popular unrest is inevitable," said National Lawyers Guild legal worker Kris Hermes. "Federal investigations and the targeting of antifa will unfortunately result in increased surveillance and repression, and must be resisted."
While the Department of Justice (DOJ) can indict people on federal terrorism charges, no clear legal authority exists for the President to designate Antifa a "domestic terrorist organization." Nevertheless, Attorney General William Barr quickly followed Trump's declaration with an official statement announcing that the DOJ would use its existing network of 56 FBI Joint Terrorism Task Force (JTTF) offices to investigate Antifa. DOJ investigations will only serve to harass protesters and provide the state with additional means to prosecute political activists. The Trump administration's threats are nothing more than political theater and an attempt to sow division and intimidate those who exercise their right to fight injustice.
"Trump's declaration that Antifa is a domestic terrorist organization has no basis in fact or law and is merely an attempt to criminalize ordinary people who are exercising their right to protest," said NLG Mass Defense Director Tyler Crawford, "The NLG condemns any such attempts by the government to interfere with the right of the people to have their voices heard in demanding justice for George Floyd and an end to racist police violence."
The NLG will continue to oppose any attempts to exploit this crisis to repress political activism and social justice movements working to end to white supremacy. The Trump administration continues to ignore the ongoing injustice wrought on Black communities by institutional racism, including police brutality, in favor of seeking to physically or politically punish those who are part of anti-racist and anti-fascist movements. The NLG will continue to provide legal support to activists as they take to the streets to call for justice for George Floyd, from Minneapolis to Washington, D.C. and many other cities.
Related Links & Resources:
- NLG Know Your Rights Guides
- Directory of NLG Chapters
- NLG Mass Defense Program
- Movement for Black Lives
- Law for Black Lives
- Directory of US bail funds by the National Bail Fund Network
- Black Lives Matter petition to #DefundThePolice
- 6/1/20: NLG Condemns Violent Police Response to Black Lives Matter Protests Nationwide
- 5/28/20: NLG in Solidarity with Minneapolis Following Police Killing of George Floyd
The National Lawyers Guild (NLG) works to promote human rights and the rights of ecosystems over property interests. It was founded in 1937 as the first national, racially-integrated bar association in the U.S.
(212) 679-5100LATEST NEWS
Democrat Flips Seat in Alabama House After Running on Abortion Rights
Democrats see the win in Alabama as a sign that supporting reproductive rights will make a difference in November.
Mar 27, 2024
Marilyn Lands, a Democratic candidate for a state House seat in Alabama, won a special election on Tuesday, defeating Republican Teddy Powell.
Lands focused her campaign on reproductive rights, including support for access to in vitro fertilization and abortion. The election was for a seat in Madison City, and it was previously held by a Republican.
"Today, Alabama women and families sent a clear message that will be heard in Montgomery and across the nation. Our legislature must repeal Alabama's no-exceptions abortion ban, fully restore access to IVF, and protect the right to contraception," Lands said in a statement.
Congrats to my friend Marilyn Lands on her resounding victory in the Alabama House District 10 special election. She campaigned on women’s reproductive freedom and pushing back on the culture wars being waged by AL Republicans. This is a big win for a better, stronger Alabama.…
— Doug Jones (@DougJones) March 27, 2024
Alabama has a strict abortion ban, and a February Alabama Supreme Court ruling declared that frozen embryos are people, imperiling access to in vitro fertilization in the state following the U.S. Supreme Court’s overturning of Roe v. Wade in 2022. Lands' opponent supported the state's abortion ban.
"This special election is a harbinger of things to come—Republicans across the country have been put on notice that there are consequences to attacks on IVF—from the bluest blue state to the reddest red, voters are choosing to fight for their fundamental freedoms by electing Democrats across the country," Heather Williams, president of the Democratic Legislative Campaign Committee, told Politico.
Democrats see Lands' win as a sign that supporting reproductive rights could continue to be a winner in November, even in deeply red states like Alabama. President Joe Biden voiced his support for access to IVF and abortion in his State of the Union address earlier this month.
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"I wasn't able to really do my job anymore," said Annelle Sheline. "Trying to advocate for human rights just became impossible."
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Saying her job at a State Department office that advocates for human rights in the Middle East has become "impossible" as the Biden administration continues to back Israel's assault on civilians in Gaza, foreign affairs officer Annelle Sheline resigned from her position on Wednesday in protest of President Joe Biden's policy in the region.
Sheline noted in an interview with The Washington Post that quitting her job in the Bureau of Democracy, Human Rights, and Labor was not something she took lightly, with "a daughter and a mortgage"—but said her day-to-day work on human rights had become ineffectual "as long as the U.S. continues to send a steady stream of weapons to Israel."
Despite the fact that U.S. law prohibits the government from arming countries that violate human rights—as Israel has long been accused by the United Nations of doing in its policy toward the occupied Palestinian territories—the Biden administration has approved the transfer of bombs and other weapons to the Israel Defense Forces (IDF) since the military began its relentless bombardment of Gaza and blockade on nearly all humanitarian aid.
Sheline told the Post that as the news out of Gaza has grown more dire since October—with at least 32,490 Palestinians killed, at least 74,889 wounded, and parts of northern Gaza now facing famine conditions due to Israel's blocking of aid—some of her bureau's partners in the Middle East have stopped engaging with the State Department.
"If they are willing to engage, they mostly want to talk about Gaza rather than the fact that they are also dealing with extreme repression or threats of imprisonment," Sheline told the Post of the activists and civil society groups her office routinely worked with to further human rights in the region before Israel's assault began. "The first point they bring up is: How is this happening?"
"I wasn't able to really do my job anymore," Sheline added. "Trying to advocate for human rights just became impossible."
Sheline is just the latest official to resign in protest of Biden's approach to Israel and Gaza.
In October Josh Paul resigned from his position as director of congressional and public affairs for the State Department's Bureau of Political-Military Affairs, where he oversaw weapons transfers to U.S. allies.
Paul told the Post that Sheline's decision "speaks volumes about the Biden administration's disregard for the laws, policies and basic humanity of American foreign policy that the bureau exists to advance."
A policy adviser in the Education Department, Tariq Habash, also stepped down from his role in January, saying he could no longer be "quietly complicit" in the killing of tens of thousands of Palestinian civilians.
The State Department's internal dissent channel has also been used by numerous officials to voice outrage over the Biden administration's continued defense of Israel's actions.
Stephen Walt, professor of international affairs at the Harvard Kennedy School, called Sheline's resignation "courageous."
Feds United for Peace, a group of government workers across nearly two dozen federal agencies which organized a daylong fast in January to protest the U.S.-backed slaughter of Palestinians, expressed solidarity with Sheline.
"That decision comes at a personal and real cost to her, and is a loss of a patriotic and deeply qualified employee for the Department of State," said the group in a statement. "Every arms shipment to Israel by the Biden administration and every one of the three vetoes of U.N. cease-fire resolutions has enabled Israeli impunity in its rampage across Gaza... Thousands of innocent lives are in President Biden's hands; the time has come to translate gentle requests for the protection of civilians into concrete action to stop the killing."
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"Given these numbers," said one progressive campaigner, "I don't know how President Biden can reconcile his stalwart support for Israel with the clear preference that his core constituents have for an end to this war."
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A Gallup survey released Wednesday shows that U.S. public support for Israel's military assault on Gaza has plummeted since November, with the decline particularly sharp among Democratic voters whom President Joe Biden will need to turn out to win reelection against presumptive GOP nominee Donald Trump.
Just 18% of Democratic voters currently approve of "the military action Israel has taken in Gaza" and 75% disapprove, according to the new poll, which was conducted between March 1-20. In November, 36% of Democratic respondents expressed approval of Israel's war and 63% disapproved.
"The crosstabs are even more striking—nearly two-thirds of people under 54, people of color, and women disapprove of the military action in Gaza," Sam Rosenthal, political director of the progressive advocacy group RootsAction, told Common Dreams in response to the new poll. "That is effectively the Democratic Party's base."
"Given these numbers," Rosenthal added, "I don't know how President Biden can reconcile his stalwart support for Israel with the clear preference that his core constituents have for an end to this war."
Overall, Gallup found that 55% of the American public—including 60% of Independents and 30% of Republicans—disapproves of Israel's military campaign in the Gaza Strip, up from 45% in November. Just 36% of the U.S. public approves, down from 50% four months ago.
"Biden is risking his second term and our democracy by continuing to support the kind of violence and cruelty that is being perpetrated in Gaza right now."
Observers
noted that Gallup's new poll was conducted after the Israeli military's February 29 massacre of Palestinians seeking food aid. Since October, according to one human rights monitor, Israeli forces have killed more than 560 people waiting for humanitarian aid, the delivery of which Israel's government has intentionally hindered—fueling the spread of famine across the territory.
The Biden administration has backed Israel's assault from the beginning, providing the Netanyahu government with billions of dollars worth of weapons and diplomatic cover despite widespread and growing protests at home and abroad. Gallup's survey found that 74% of U.S. adults say they are following developments in Gaza "closely."
Political analyst Yousef Munayyer wrote on social media that "Biden's policy of continued support for Israel's war on Gaza is in line with the views of the right-wing Republicans," noting that 64% of GOP voters still approve of the Israeli assault—down slightly from 71% in November.
"Just to emphasize how extreme his position is and out of line with his voters," he added, "more Republicans disapprove of the war than Democrats who approve."
Growing Democratic opposition to Israel's military action in Gaza has fueled grassroots campaigns across the country urging voters to mark "uncommitted" on their Democratic primary ballots to pressure Biden to change course ahead of the general election against Trump, who has voiced support for Israel's devastating assault on Gaza.
"Uncommitted" campaigns won 11 Democratic National Convention (DNC) delegates in Minnesota and two in both Michigan and Washington state.
"Biden is risking his second term and our democracy by continuing to support the kind of violence and cruelty that is being perpetrated in Gaza right now," Faheem Khan, president of the American Muslim Advancement Council and a lead organizer of Uncommitted WA, said earlier this week.
Rosenthal of RootsAction told Common Dreams on Wednesday that the U.S. decision to abstain and allow the U.N. Security Council to pass a cease-fire resolution earlier this week was "a step in the right direction, and a clear indication that domestic pressure from campaigns like Listen to Michigan and other uncommitted voting efforts is working."
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"President Biden should decide quickly whether he wants to continue to uphold policy that is increasingly associated with the opposition party," Rosenthal added.
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