Antifa Is Not the Problem

 

Members of Antifa march in Portland, Oregon, in this August 4, 2018, photo from shutterstock.com

Last week, Republican Congressman Jim Banks responded to the Antifa violence in Portland with the following tweet:

In light of events this weekend in Portland, Oregon, I call on @POTUS, @TheJusticeDept, & @FBI to investigate #Antifa & declare them a domestic terrorist organization. Their avowal of violence & routine intimidation, harassment, & assault of Americans has no place in our country.

At first, my response was a firm, “Yes!” I couldn’t help wondering why Antifa had not been designated a domestic terrorist organization. Didn’t they fit all the criteria? But as I researched domestic terrorism, and Antifa in particular, I realized that the domestic terrorist label was not going to end the violent protests, for a number of reasons.

First, Antifa appears to have sufficient funding to keep it active indefinitely; George Soros, for one, has been a funder. I realized that even if Antifa were banned as a domestic terrorist organization, it would probably just resurface under another name with a new logo. We might even think of it as a nasty, toxic weed that we simply can’t get rid of.

Another problem is that the media is claiming that Antifa has already been designated a domestic terrorist organization; this claim is simply untrue. Politico wrote the original story and others picked it up, stating the following:

Federal authorities have been warning state and local officials since early 2016 that leftist extremists known as ‘antifa’ had become increasingly confrontational and dangerous, so much so that the Department of Homeland Security formally classified their activities as ‘domestic terrorist violence,’ according to interviews and confidential law enforcement documents obtained by POLITICO.

Please note that DHS labelled Antifa activities as “domestic terrorist violence,” but did not designate it as a domestic terrorist organization; there is a difference in terms of application of resources.

No one denies that their actions fit the bill according to the criteria of the Patriot Act:

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended – (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily within the territorial jurisdiction of the United States.

That sounds about right to me. Unfortunately, because they are a domestic group without foreign ties, and they haven’t killed anyone yet, they are protected by the First Amendment.

Another problem with designating them a terrorist group is that the resources we use for security for foreign terrorism would need to be shifted to the U.S. Andrew McCarthy wrote an excellent article explaining why that might not be the best idea. He explains that domestic terrorist acts have not been criminalized as such, nor is there even a process in place to do so. He also points out the following mindset:

The designation of foreign terrorist organizations exploits the fact that their operatives do not have the same degree of constitutional protection as American citizens. Much as we revile domestic terrorists, we do not want Americans — citizens, presumed innocent, fully protected by the Constitution — treated the same way, particularly when they are easily investigated, infiltrated, prosecuted, and imprisoned under domestic law, primarily state law.

At first glance we might ask whether we care about the Constitutional rights of Antifa. But McCarthy made this salient point:

Someday, maybe sooner than we’d like to think, Democrats are going to be in power again. Do we really want to give them enhanced federal powers to harass ideological opponents under the guise of ‘designating’ domestic terrorist threats?

Portland, OR is the latest high-profile attack of Antifa on June 29, 2019. Andy Ngo, a reporter for Quillette, suffered several injuries, including a brain bleed which has led to his difficulty in speaking and remembering words, as well as other difficulties. To date, no one has been arrested from that protest. The Portland Police Association called out the Mayor to take action:

So is Antifa free to attack whomever, wherever they wish? Do we have to tolerate the violent acts that they perpetrate?

The emphatic answer is “NO!”

We must demand that local and state law enforcement crack down on these violent groups. They can no longer turn their heads, make excuses for them, or stand and watch Antifa or any other violent groups attacking our citizenry. Certainly, the federal government can provide assistance that falls into its purview, but it is outrageous that we are expected to accept these activities as demonstrations of free speech.

I’d like to hear your ideas about steps that could be taken to wake up the local and state governments to the dangers of letting these people run free. For one, throwing them in jail is key. Using tear gas and other means to discourage these people from attacking others should also be used. We must do something, and soon.

Otherwise, more people are going to die.

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  1. Stad Coolidge
    Stad
    @Stad

    Susan Quinn (View Comment):

    Stad (View Comment):

    Misthiocracy secretly (View Comment):
    Is baking a cake a form of protected speech? Is wearing a mask a form of protected speech? It depends on the judge.

    Yes to the first, and “it depends” to the second. If the mask is to hide one’s identity to commit a crime (assault and battery, property damage, robbing a bank), then no, it’s not protected speech.

    Even on the cake baking, @stad, the intention was a factor, don’t you think? It was protected speech because he refused to bake the cake because it would have violated his religion, not because the guy had purple hair. Actually, I’m not sure if his hair could have been a factor, too. . .

    I’m assuming the baker saw his baking the cake as participating in a ritual that violated the beliefs of his faith, possibly even condemning him to eternal torment.  Nothing says a homosexual couple can’t bake their own cake.

    Religion aside, bakers should be able to legally decline any order that attacks their sensibilities:

    Black bakers and a KKK cake.

    Jewish bakers and an “I [heart] Hitler” cake.

    Muslim bakers and cakes with bacon strips on top.

    Or even liberal bakers and an “AOC Sucks” cake.

    The list can be endless.  As I’ve said before, I remember seeing signs in stores which said, “We retain the right to refuse service to any customer for any reason.”

    • #31
  2. CarolJoy, Above Top Secret Coolidge
    CarolJoy, Above Top Secret
    @CarolJoy

    Susan Quinn (View Comment):

    Unsk (View Comment):
    That said, the real elephant in the room is that local authorities have not only looked the other way, not enforced the law and let these thugs openly assault people, it appears at least in the case of Charlottesville and Portland that local authorities have coordinated their efforts with Antifa to maximize the impact of Antifa’s acts of intimidation.

    I don’t know whether it is planned and intentional, or not, but it is irresponsible and despicable. Their citizens, all of them, deserve to be protected. We pay taxes for law enforcement! Action must be taken to hold them responsible. Thanks, @unsk.

    With The Calif Attorney General, Mr Becerra, openly stating that ICE is to be thwarted in its attempts to enforce immigration and employment laws, I really don’t see how anyone living in the Golden State can hold our officials responsible.

     

    • #32
  3. Unsk Member
    Unsk
    @Unsk

    Carol:”With The Calif Attorney General, Mr Becerra, openly stating that ICE is to be thwarted in its attempts to enforce immigration and employment laws, I really don’t see how anyone living in the Golden State can hold our officials responsible.”

    The point is that is what the Attorney General is there for – to enforce the Federal law of the land all across the land including my Golden State. The Antifa movement is a national movement and is funded nationally. The job of taking down these perps falls to the Attorney General and should not be left to criminally corrupt politicians like Becerra. 

    • #33
  4. Roosevelt Guck Inactive
    Roosevelt Guck
    @RooseveltGuck

    I don’t see why we have to wait until ANTIFA  kills someone to bring the resources of the federal government to bear upon it, especially if it  uses interstate digital communications tools to threaten and coordinate attacks against American citizens. I don’t think we ought to reject any federal resource up front.

    As far as the risk of the group changing its name after designation, I can’t believe that a law couldn’t be crafted to adapt to such a circumstance. Once they are designated a terrorist group, doesn’t the Patriot Act make it next to impossible for them to raise money? It shuts them out of the banking system, no?

    • #34
  5. Roosevelt Guck Inactive
    Roosevelt Guck
    @RooseveltGuck

    Unsk (View Comment):

    Carol:”With The Calif Attorney General, Mr Becerra, openly stating that ICE is to be thwarted in its attempts to enforce immigration and employment laws, I really don’t see how anyone living in the Golden State can hold our officials responsible.”

    The point is that is what the Attorney General is there for – to enforce the Federal law of the land all across the land including my Golden State. The Antifa movement is a national movement and is funded nationally. The job of taking down these perps falls to the Attorney General and should not be left to criminally corrupt politicians like Becerra.

    I read an article from which I inferred that ANTIFA is actually an international movement, with affiliates in Germany.

    • #35
  6. CarolJoy, Above Top Secret Coolidge
    CarolJoy, Above Top Secret
    @CarolJoy

    Roosevelt Guck (View Comment):

    I don’t see why we have to wait until ANTIFA kills someone to bring the resources of the federal government to bear upon it, especially if it uses interstate digital communications tools to threaten and coordinate attacks against American citizens. I don’t think we ought to reject any federal resource up front.

    As far as the risk of the group changing its name after designation, I can’t believe that a law couldn’t be crafted to adapt to such a circumstance. Once they are designated a terrorist group, doesn’t the Patriot Act make it next to impossible for them to raise money? It shuts them out of the banking system, no?

    Unfortunately it could very well be that Anti Fa is supported monetarily by someone like Soros, who happens to be a banking entity in and of himself.

    • #36
  7. Stad Coolidge
    Stad
    @Stad

    Susan Quinn (View Comment):
    American Civil Liberties Union of Oregon spokeswoman Sarah Armstrong said in an email to WSJ. “Behavior is the issue, not the mask.”

    And she’ll stick with this position until masked thugs show up at her doorstep . . .

    • #37
  8. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    E. Kent Golding (View Comment):

    Stad (View Comment):

    The masks must come off, and it can be done with ordinances:

    “No masks unless it’s freezing cold or Halloween” . . .

    Stad is correct. Wearing Masks in Public needs to be a felony; there should be a strong presumption of innocence / strong immunity for those violently defending themselves or others against people in masks. The mask needs to make the mask wearer more vulnerable, not less.

    No, eventually this will get to the point that the Right will have to fight back.  We will want masks when we do.  

    • #38
  9. Stad Coolidge
    Stad
    @Stad

    Fake John/Jane Galt (View Comment):
    No, eventually this will get to the point that the Right will have to fight back. We will want masks when we do.

    Who needs masks when you have firearms?

    • #39
  10. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Stad (View Comment):

    Fake John/Jane Galt (View Comment):
    No, eventually this will get to the point that the Right will have to fight back. We will want masks when we do.

    Who needs masks when you have firearms?

    I do.  If I am using firearms to fight back I do not want the Democrat governments to track me down.  While antifa, teamsters and Democrat militant arms can get off anything.  I have no doubt that the rules will be twisted to apply to me with bonus multiplier points.

    • #40
  11. The Reticulator Member
    The Reticulator
    @TheReticulator

    Roosevelt Guck (View Comment):

    I don’t see why we have to wait until ANTIFA kills someone to bring the resources of the federal government to bear upon it, especially if it uses interstate digital communications tools to threaten and coordinate attacks against American citizens. I don’t think we ought to reject any federal resource up front.

    As far as the risk of the group changing its name after designation, I can’t believe that a law couldn’t be crafted to adapt to such a circumstance. Once they are designated a terrorist group, doesn’t the Patriot Act make it next to impossible for them to raise money? It shuts them out of the banking system, no?

    It’s almost as if conservatives weren’t paying attention all the times from 9/11 on when the left was trying to get them identified as the real terrorists, never mind the Islamic versions.   

    • #41
  12. Stad Coolidge
    Stad
    @Stad

    Fake John/Jane Galt (View Comment):
    If I am using firearms to fight back I do not want the Democrat governments to track me down.

    In any armed confrontation, you’re likely to be gunned down on the spot by the police, regardless of what party is running the local government.  To me, a mask symbolizes shame in what you’re doing . . .

    • #42
  13. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Stad (View Comment):

    Fake John/Jane Galt (View Comment):
    If I am using firearms to fight back I do not want the Democrat governments to track me down.

    In any armed confrontation, you’re likely to be gunned down on the spot by the police, regardless of what party is running the local government. To me, a mask symbolizes shame in what you’re doing . . .

    no shame, just anonymity.  

    • #43
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