Trump eyes RICO path as he designates Antifa a major terrorist organization

President Donald Trump announced he would designate Antifa as a major terrorist organization and signaled a plan to use the Racketeer Influenced and Corrupt Organizations Act, or RICO, to curb the group. The designation, announced via Truth Social, followed the killing of Charlie Kirk last week at Utah Valley University during the first stop on his American Comeback Tour.

A counterterrorism expert said RICO could be a powerful tool because it can be applied to an ongoing enterprise rather than to a single act. Prosecutors would need an enterprise, a pattern of racketeering activity within the past decade, evidence of continued criminal behavior, and a link to or employment by the enterprise. Balboni described it as a very powerful tool for an enterprise-wide roll-up, though he cautioned that the administration must guard civil liberties and avoid impinging on peaceful protesters’ rights.

Balboni noted that Trump has a track record of reframing existing laws to fit a concept, wrapping current statutes around a goal. He said Antifa, with its decentralized structure, is a difficult target, and that the president is trying to call out agitators who disrupt public order.

Looking ahead, scholars say Congress could pass a long-term domestic terrorism law that treats domestic enemies separately from the Immigration and Nationality Act, or amend current provisions to explicitly cover domestic terrorists.

The designation followed Kirk's shooting, which authorities described as linked to political radicalization, with family members saying the suspect grew more left-leaning as the case progressed.

The move drew Republican support as well, with leaders including the House Freedom Caucus chair and other Republicans backing Trump’s designation, arguing that agitators and groups that disrupt public safety should be addressed with federal tools.

Experts say the issue will hinge on precise legal definitions to avoid infringing on First Amendment rights while pursuing those who commit violent acts under the banner of protest. As the debate unfolds, legal observers note that any action would be subject to court challenges and ongoing political contention.