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Following President Donald Trump’s declaration that he intended to label the leftist group Antifa as a terrorist organization in response to the killing of Charlie Kirk, an expert highlighted the “powerful” options the president could leverage to dismantle the group.
Michael Balboni, an attorney and former legislator in New York’s State Assembly and Senate, played a key role during his tenure by leading the state senate’s Homeland Security Committee. He was also appointed to the Domestic Terrorism Task Force under Governors Andrew Cuomo and Kathy Hochul.
Terrorism laws in the U.S. under the Immigration and Nationality Act apply only to international organizations, leaving no federal law to prosecute domestic groups as terrorists. However, Trump still possesses a tool against Antifa by using the Racketeer Influenced and Corrupt Organizations Act (RICO).
Protests involving groups like Rose City Antifa and the Proud Boys in downtown Portland, Ore., on Saturday, June 29, 2019. (Dave Killen/The Oregonian via AP)
“What I believe the president is attempting is to highlight, in his own manner, these are agitators, professional agitators whose objective is to incite disruptions, and they should be recognized for their true nature,” explained Balboni.
For a lasting solution in managing domestic terrorism, Balboni proposed that Congress could introduce a law targeting terrorism that acknowledges domestic threats separately from the existing anti-terror provisions in the Immigration and Nationality Act. They might also consider revising the current legislation to encompass domestic terror threats.
Trump announced Wednesday that he would designate Antifa as a “major terrorist organization,” adding that he will be “strongly recommending” that those responsible for funding Antifa be investigated “with the highest legal standards and practices.”

President Donald Trump announced Antifa would be designated as a terrorist organization on Wednesday via Truth Social. (@realDonaldTrump via Truth Social)
Trump announced the designation a week after Charlie Kirk, a conservative titan and champion of open debate, was shot and killed on Sept. 10 at Utah Valley University during the first stop on his “American Comeback Tour.”
The suspect, Tyler Robinson, had been “radicalized” as he became more political and lurched to the left, according to his family members.