Ex-DOJ Lawyer Raises Alarm Over New Antifa Indictment

UPDATE: A new indictment has been issued against two individuals linked to an alleged “antifa cell” following an attack on an ICE facility in Alvarado, Texas, on July 4, 2023. The indictment charges Zachary Evetts and Cameron Arnold with providing material support to terrorists and multiple counts of attempted murder of federal officers. This alarming development has raised significant concerns among legal experts, including former senior DOJ attorney Thomas E. Brzozowski.

Federal prosecutors have controversially labeled “antifa” as a “militant enterprise,” claiming that the two defendants are part of a broader movement opposing U.S. immigration policies. The indictment alleges that since Donald Trump‘s return to the White House in January, “antifa adherents” have increasingly targeted ICE agents and facilities. This characterization aligns with Trump’s earlier executive order classifying “antifa” as a “domestic terrorist organization.”

Brzozowski, who has served under three presidential administrations, expressed serious concerns over the implications of this indictment. He stated, “The choice of the term ‘enterprise’ is illuminating; it suggests they are investigating antifa as an organized group.” He highlighted the potential for the FBI to scrutinize funding and membership, raising fears about the broad definition that could encompass many individuals not involved in violence.

The indictment details a disturbing incident where a member of the alleged “antifa cell,” identified only as “Coconspirator-1,” opened fire on law enforcement officers responding to a call from the ICE facility. The shooter, Benjamin Hanil Song, is separately charged with attempted murder but was not named in the indictment defining “antifa.” His actions allegedly included training members in firearms and combat tactics.

Defense attorney Patrick McLain for Evetts insists that his client only intended to participate in a protest, stating, “Mr. Evetts was going to protest and shoot fireworks.” This raises critical questions about how individuals are being categorized and prosecuted based on their political beliefs.

The indictment invokes a statute under which convicted individuals could face up to 15 years in prison. Brzozowski remarked, “I don’t see anything in the indictment that they self-identified as antifa.” He cautioned against the dangers of equating ideological beliefs with criminal conduct, noting that many individuals who oppose fascism could be unknowingly swept into a federal investigation.

Attorney General Pam Bondi praised the indictment, asserting that “antifa is a left-wing terrorist organization” and will be prosecuted as such. Meanwhile, FBI Director Kash Patel emphasized the seriousness of the situation, stating, “No one gets to harm law enforcement. Not on my watch.”

As this situation unfolds, experts warn that the broad definitions and implications of this indictment could have severe consequences for free speech and political activism in the U.S. The potential for a wide-ranging investigation raises serious concerns about civil liberties and the targeting of individuals based on their beliefs.

Next Steps: Legal experts and civil rights advocates are closely monitoring how this indictment will affect future protests and the treatment of political dissenters in the U.S. The implications of this case could lead to increased scrutiny of activists and potentially criminalize a wide spectrum of political beliefs.

This developing story is likely to spark widespread debate on the balance between national security and civil liberties. Stay tuned for further updates as this situation evolves.