Irredentist
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If you want to prosecute people for criminal acts using an existing legal framework, then you are more than welcome to do so. But branding Antifa as a "domestic terror organization" is just hot air with no substance behind it.That designation is symbolic...but useful. And RICO will be the vehicle used to bring down Antifa.
From Copilot...
how the RICO Act (Racketeer Influenced and Corrupt Organizations Act) might be used to prosecute domestic extremist groups, even in the absence of a formal “domestic terrorist organization” designation.
RICO as a Tool Against Domestic Extremism
RICO was originally designed to dismantle organized crime, but its scope has broadened significantly. Here's how it could apply to domestic groups like Antifa or others:
Legal Requirements for RICO Prosecution
To bring a RICO case, prosecutors must establish:
- Existence of an enterprise: A group with a structure or shared purpose.
- Pattern of racketeering activity: At least two predicate criminal acts within 10 years.
- Connection to the enterprise: The defendant must be associated with or employed by the group.
- Threat of continued criminal behavior: Not just isolated incidents.
This framework allows prosecutors to target decentralized or “leaderless” groups, which is crucial when dealing with modern extremist movements that avoid formal hierarchies.
Domestic Terrorism vs. RICO
Since U.S. law doesn’t allow for the designation of domestic terrorist organizations (unlike foreign ones), RICO offers a workaround:
- It doesn’t require a terrorism label.
- It can be used to prosecute material support networks, even if the group isn’t formally designated.
- It sidesteps First Amendment issues by focusing on criminal conduct, not ideology.
Executive Orders and Symbolic Designations
Designating a group like Antifa as a “domestic terrorist organization” via executive order is symbolic, not legally binding. It doesn’t:
- Trigger new criminal penalties.
- Authorize surveillance or asset freezes.
- Change prosecutorial standards.
However, such a designation might:
- Signal federal prioritization.
- Justify broader investigations.
- Influence public perception and interagency coordination.