
Anti-ICE rioters may face domestic terrorism federal charges as Trump admin sends stern message: ret FBI agent
"Federal authorities may describe violent actions during protests as 'domestic terrorism' if there is evidence the individuals intended to intimidate the public or influence government decisions through force," Jason Pack, a retired FBI special agent, told Fox News Digital.
"While federal law defines domestic terrorism, there is no specific criminal charge by that name," Pack explained.
A spokesperson for the Department of Justice told Fox News Digital that "nothing is off the table" at this point.
"As directed by the Attorney General, this Department of Justice will charge the most serious readily provable offenses. In each of these cases, we are carefully following the evidence to seek the strongest sentences permissible by law against these domestic terrorists, and nothing is off the table."
Pack added that prosecutors would "typically use existing laws to file charges such as arson, assault on federal officers, destruction of property, or conspiracy."
"Importantly, peaceful protesters who exercise their First Amendment rights without violence are not subject to terrorism investigations or charges. The term is only applied when criminal acts cross the line into ideologically driven violence," Pack said.
Pack said while there is no "specific crime called domestic terrorism" in U.S. law, the government still uses that term to describe certain dangerous acts.
"If someone commits a violent crime — like setting fires, attacking police, or destroying government property — and they do it to scare people or push a political belief, the FBI can treat it as domestic terrorism," Pack explained.
John Yoo, a former deputy assistant attorney general and UC Berkeley law professor, echoed Pack and said that the Department of Justice (DOJ) "has plenty of grounds to charge people with obstruction of federal officers and of justice."
Pack emphasized again that this does not apply to peaceful demonstrators, only "those who commit or plan acts of violence with political motive."
"While the actual charges come from other criminal laws, the terrorism label can lead to more serious investigations and tougher sentences," Pack said.
However, Pack said that "protest-related violence" that is carried out by individuals with anarchist or anti-government beliefs is more likely to be labeled as domestic terrorism.
"Federal agencies like the FBI and Department of Homeland Security consider anarchist violent extremists part of the domestic terrorism threat landscape, especially when violence is organized, politically motivated, and targets law enforcement or government institutions," Pack said.
"The anarchists plan before they even show up. They use encrypted messaging apps like Signal and Telegram to coordinate everything: where to meet, who brings what. They discuss how to blend in, where to watch police, and how to respond when law enforcement pushes back," Pack continued.
Pack said that law enforcement analysts are placing the blame for these escalating riots on a core group of organized anarchists, made up of about 60 individuals, who slipped into the protest crowds.
"They didn't come to march. They came to carry out a plan they've been developing for years. Slogans aren't their thing. They rely on structure. And when they hit the streets, it shows," Pack said.
"Many arrive late, dressed in black. They quickly change clothes afterward to avoid being identified," he continued. "They know where cameras are, how to create gaps in police lines, and how to spark crowd reactions that lead to violence."Pack said that these specific types of agitators are "on a mission to steal trust by hijacking peaceful protests."
"When these groups act, they don't start small. They target highly visible places — bridges, courthouses, highways. They use distractions and speed, forcing police to react, then record that reaction. Their goal is to provoke. The video becomes fuel, spreading fast on social media to draw in more people and keep tensions high," Pack said. Pack also referred to these tactics working in the 2020 George Floyd and Antifa riots, which is why they are using them again now, he said, except now they are becoming more sophisticated.
"They turn public anger into confrontation, then disappear into the smoke, leaving communities to deal with the damage. Their methods are professional," Pack described. "Their motives are radical, and their impact is growing."
Sen. Tom Cotton introduced two new bills designed to place more strict consequences on violent protesters, specifically those who are targeting federal agents or are in the country illegally.
"Rioters who assault ICE officers and engage in acts of violence should face stiff consequences," Cotton said in a statement. "My bill makes clear that Americans will not tolerate lawless rioting and is a guardrail from pro-crime prosecutors that fail to enforce the law."
The FBI said that it would be investigating and looking into any organized effort that was created to cause chaos in Los Angeles.
Hundreds have been arrested in Los Angeles as cars have been burned and tensions between rioters and law enforcement have continued to intensify.
During an interview on "The Claman Countdown" last week, L.A. County District Attorney Nathan Hochman issued a warning to violent rioters.
"We're coming after those criminals because they're using this protest and otherwise legitimate protest to commit these violent and criminal acts. We're gonna hold them accountable, and they'll be brought to justice," Hochman vowed.
President Trump has received pushback from several Democrat lawmakers after deploying 700 U.S. Marines to assist the police and National Guard in restoring the peace in Los Angeles.
"President Trump will always support and defend the brave law enforcement officers who are being attacked by the violent left-wing rioters. Those who target law enforcement officials will be held accountable to the full extent of the law," Abigail Jackson, White House spokeswoman, told Fox News Digital.
Appearing on Fox News last week, Cotton argued it was not the deployment of federal resources or deportation efforts that were "provocative," but rather the behavior of protesters.
"It's not provocative to enforce federal law. It's not provocative to do what President Trump campaigned on," he said.
"What's provocative is to have all of these illegal aliens setting cars on fire while waving foreign flags — and now being joined by professional agitators from Antifa and pro-Hamas sympathizers."
Fox News Digital reached out to the Los Angeles District Attorney's Office for comment.
Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, homicides, national crime cases, illegal immigration, and more. Story tips and ideas can be sent to stepheny.price@fox.com
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