Author: alaskaadmin

A little-noticed presidential national security directive is now the legal engine behind a wave of terrorism prosecutions against left-wing protesters.

That domestic campaign now has an international dimension, one that American officials had been planning for months, culminating on July 16, 2026, when Secretary of State Marco Rubio’s Ministerial on the Resurgence of Political Terrorism drew representatives from more than 65 countries to Washington. The gathering was informally called the “Antifa summit.”

Rubio described antifa-aligned networks as sharing infrastructure across borders and accused Iran and Cuba of helping bankroll the movement, without offering evidence. The White House declared the summit the start of an “unprecedented global offensive” against what it calls “radical left terrorism.”

This offensive is built on the same domestic legal architecture that has now sent American activists to prison for decades.

That architecture is National Security Presidential Memorandum/NSPM-7, issued on Sept. 25, 2025, which for the first time appeared to authorize preemptive law enforcement measures against Americans based not on whether they are planning to commit violence but for their political or ideological beliefs.

Nearly a year later, that blueprint has moved from paper into practice.

The Justice Department has built task forces staffed by counterterrorism prosecutors. The FBI has set up its own NSPM-7 mission center to oversee investigations into left-wing movements, including a joint effort with the IRS to investigate nonprofit groups.

The Justice Department has used this machinery to convict activists and send some of them to prison for decades.

NSPM-7 was not passed by Congress. It’s a lesser-known tool of executive power: a presidential memorandum.

As an international relations scholar who has studied U.S. foreign policy decision-making and national security legislation, I recognize that presidents can take several types of executive actions without legislative involvement: executive orders, memoranda and proclamations.

This structure allows the president to direct law enforcement and national security agencies, with little opportunity for congressional oversight.

Presidential national security powers

Executive memorandums direct agencies to prepare reports, implement policies or align programs with the administration’s priorities. Unlike executive orders, they aren’t required to be published. When they relate to national security, like NSPM-7, they’re called national security directives – many of which stay classified and may not be declassified for years or decades.

The stated purpose of NSPM-7 is to counter domestic terrorism and organized political violence, focusing mainly on perceived threats from the political left. The memorandum identifies “anti-Christian,” “anti-capitalism” or “anti-American” views as potential indicators that a group or person will commit domestic terrorism.

The memorandum claims that political violence originates with “anti-fascist” groups that hold the following views: “support for the overthrow of the United States Government; extremism on migration, race, and gender; and hostility towards those who hold traditional American views on family, religion, and morality.”

The strategy includes preemptive measures to disrupt groups before they engage in violent political acts, empowering multiagency task forces to investigate potential federal crimes related to radicalization and the groups’ funders. Former Attorney General Pam Bondi’s December 2025 implementation memo went further, ordering a five-year review of agency files on antifa. A task force staffed with counterterrorism and organized-crime prosecutors is carrying out these investigations.

‘Domestic terrorist organizations’

The memorandum directs the Department of Justice to focus FBI resources from approximately 200 Joint Terrorism Task Forces on investigating “acts of recruiting or radicalizing persons” for the purpose of “political violence, terrorism, or conspiracy against rights; and the violent deprivation of any citizen’s rights.”

NSPM-7 also allows the attorney general to propose groups for designation as “domestic terrorist organizations.” That includes groups that engage in “organized doxxing campaigns, swatting, rioting, looting, trespass, assault, destruction of property, threats of violence, and civil disorder.”

Existing laws allow the secretary of state to designate groups as “foreign terrorist organizations” that are then subject to financial sanctions.

But these laws do not permit the president to label domestic groups this way.

That gap hasn’t stopped prosecutions. In Texas, eight defendants tied to a “North Texas Antifa Cell” were sentenced in June 2026 for a 2025 armed confrontation at the Prairieland immigration detention center. One man received 100 years, and others who never fired a weapon still drew decades in prison under terrorism sentencing guidelines.

In Minnesota, 15 members and associates of a group called Direct Action Minnesota were indicted in June 2026 on conspiracy and assault charges. A 94-page indictment cited behavior such as wearing an “I’m Antifa!” sweatshirt, possessing a bullhorn or including a devil emoji in a Signal message.

Defining terrorism

NSPM-7 marks a major conceptual shift in U.S. counterterrorism policy, departing from approaches that primarily targeted foreign threats.

Earlier directives, dating to Ronald Reagan’s presidency, treated terrorism as a global menace countered through military power and diplomacy. In the 1990s, the Clinton administration reframed it as a domestic challenge after the 1993 World Trade Center bombing and 1995 Oklahoma City bombing.

After 9/11, the Bush administration fused counterterrorism with national defense through the global war on terrorism. The Obama administration later tried to narrow those powers, asking whether targeted individuals “pose a continuing, imminent threat to U.S. persons” — a standard focused on tactics and capture feasibility, not ideology.

The first Trump administration used a “travel ban” against several “terror-prone” countries, while President Joe Biden redirected focus toward weapons of mass destruction.

Notably, the “domestic terrorist” label itself has rarely produced actual charges. The State Department designated four antifa-aligned groups as foreign terrorist organizations. But antifa is a decentralized movement, not a formal group with a roster.

This designation lacks any real legal weight because U.S. law has no formal domestic terrorist organization category. Creating one risks infringing on First Amendment protected speech. Domestic terrorism itself is not a chargeable offense.

Prosecutors have instead leaned on older statutes such as material support for terrorism and conspiracy laws, tools originally built for cases like the ones above, not protest movements.

First Amendment rights at risk

There is no single official definition of terrorism in U.S. law; definitions vary by purpose – criminal law, intelligence collection, civil liability.

Definitions in all those areas typically focus on identifying violent or dangerous acts done with the intent to intimidate or coerce civilians or influence government policy.

But more than redefining terrorism, NSPM-7 reorients the machinery of national security toward the policing of belief.

The First Amendment generally prevents the government from punishing people for unpopular opinions. It also protects the ability for people to associate to advance public and private ideas in pursuit of political, economic, religious or cultural goals.

The directive’s emphasis on ideological orientations – “anti-Christianity,” “anti-capitalism” and “anti-American” views – as indicators of domestic terrorism potentially jeopardizes First Amendment rights.

Thirty-one members of Congress sent a letter to Trump in October 2025 expressing “serious concerns” about NSPM-7, warning that it poses “serious constitutional, statutory and civil liberties risks, especially if used to target political dissent, protest or ideological speech.”

As the ACLU warns, any definition of terrorism that includes ideological components risks criminalizing people or groups based on belief rather than based on violence or other criminal conduct.

Congress has declined to create a domestic complement to the foreign terrorist designation in large part because of the potential for impinging on First Amendment–protected association and speech.

But I fear that chilling speech may be the point.

Silencing dissent

NSPM-7 does not criminalize previously legal conduct.

Rather, it states that the Trump administration will focus investigations around the identity and ideology of supposed perpetrators. Prioritizing investigations into this broad swath of ideologies serves to instill fear, silencing anti-fascist and other messages in opposition to the Trump administration.

Law professor Steve Vladeck frames this chill as “obeying in advance,” in which organizations self-censor rather than risk investigation, prosecution or defending against the “domestic terrorist” label. Federal judges in the Prairieland case have shown little sympathy for that distinction: One judge described the protest itself as “an assault on democracy,” even for defendants who never touched a weapon.

Although left-wing violence has risen in the past decade, empirical evidence shows it remains far below historical levels of right-wing or jihadist violence.

Most domestic terrorists in the U.S. are politically on the right, accounting for the vast majority of domestic terrorism fatalities.

Yet NSPM-7 focuses disproportionately on left-wing ideologies. NSPM-7 departs from prior U.S. counterterrorism frameworks by prioritizing the suppression of ideologically motivated dissent, even where, as in Minnesota, judges have already dismissed roughly half of similar federal cases for lack of evidence.

This is an updated version of a story originally published December 3, 2025.

Melinda Haas does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

​Politics + Society – The Conversation

The Trump administration has decided that destroying the habitat of endangered species is not harmful.

Think about that.

Habitat loss is the No. 1 reason species become endangered. Red-cockaded woodpeckers need mature long-leaf pine forests to reproduce. Endangered western monarch butterflies depend on pesticide-free milkweed for food. Pacific salmon must have clean, cool rivers for spawning. If coastal water becomes too polluted, manatees will starve.

Yet, on July 14, 2026, the U.S. Department of Interior formally rescinded the so-called harm rule under the Endangered Species Act, removing language that has protected species from losing millions of acres of habitat.

As a law professor who has followed these issues for over five decades and litigated early cases under the Endangered Species Act, I believe this effort to gut the nation’s premier wildlife conservation law is unjustified and unlawful.

I see several reasons the rule change is not likely to survive the legal challenges that have already begun.

Origins of the Endangered Species Act

Enacted in 1973 at the behest of President Richard Nixon and passed overwhelmingly by both houses of Congress, the Endangered Species Act’s stated purpose is to “provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved.”

The U.S. Supreme Court in 1978 described the act’s role more plainly: to “halt and reverse the trend of species extinctions whatever the cost.”

The act requires federal agencies to designate habitat for species as critical if it is deemed “essential to the conservation and recovery” of that species. Once habitat is designated, federal agencies are required to “insure” that their actions are not likely to result in the “destruction or adverse modification” of such habitat. All of this is spelled out in the text of the law itself.

The ‘take’ prohibition

The Endangered Species Act prohibits the unauthorized “take” of protected species. It broadly defines “take” to include deliberate actions such as hunting and trapping, but also those that “harm or harass” individual members of the protected species.

The prohibition applies to everyone: individuals, corporations, states and municipalities, tribes and others. The act is by far the most important federal law protecting habitat on nonfederal land.

“Take” is a term of art in wildlife law with deep roots in Anglo-American jurisprudence. It has always included requirements to conserve habitat. The earliest wildlife laws in England also required landowners to retain adequate forage and cover for wildlife, in addition to regulating hunting and fishing.

In 1975, shortly after Congress passed the Endangered Species Act, the U.S. Department of Interior created the rule defining harm to include “acts or omissions that actually injures or kills wildlife,” including habitat degradation that “significantly disrupts essential behavioral patterns, which include, but are not limited to, breeding, feeding or sheltering.”

The rule was revised somewhat in 1981 to clarify that harm “may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.”

The 1982 Endangered Species Act amendments

In 1981, the 9th Circuit Court of Appeals held that habitat destruction qualifies as an unlawful take under the Endangered Species Act, ruling in a case brought on behalf of an endangered bird called the palila.

Congress reacted to that ruling by amending the act to create the incidental take program. I testified in favor of this provision during the hearings.

The incidental take program provides a way to reduce conflicts between protected species and commercial development by authorizing only those takes that meet strict rules to minimize and mitigate the impact on the species in question. Over the years, hundreds of incidental take permits have been issued covering over 47 million acres of habitat.

If Congress didn’t believe habitat destruction and degradation constitute “harm” under the statute, why would it require permits and plans to offset habitat loss?

This will factor into the litigation to come challenging the move to rescind the harm rule.

The Sweet Home decision

The controversy over the harm rule reached the Supreme Court in 1995 in a case brought by the timber industry in Oregon. In Sweet Home Communities for a Greater Oregon v. Babbitt, the court upheld the harm rule by a vote of 6-3.

Justice John Paul Stevens wrote the court’s majority opinion. He cited multiple reasons for upholding the rule as a “reasonable interpretation” of congressional intent under the then-prevailing Chevron Doctrine:

• First, Stevens wrote that the ordinary meaning of “harm” naturally encompasses habitat modification that results in actual injury or death to members of an endangered or threatened species.

• Second, under relevant Supreme Court precedent, every word in a statute must be given effect. Thus the word “harm” must encompass indirect as well as direct injuries or it would have no meaning that does not duplicate the other words in the definition of “take.”

• Third, the fact that Congress amended the act to authorize incidental take permits with habitat conservation plans strongly suggests that Congress intended for the law to prohibit both direct and indirect causes of death or injury.

Justice Antonin Scalia dissented in that case, arguing that the word “harm” applies only to an action “directed immediately and intentionally against a particular animal.” Or as he put it, “A strikes B.”

Justice Sandra Day O’Connor disagreed, arguing in a sharp exchange with Scalia: “… to make it impossible for an animal to reproduce is to impair its most essential physical functions and to render that animal, and its genetic material, biologically obsolete. This, in my view, is actual injury.”

The Loper Bright ruling’s impact

Fast-forward to 2024, when the Supreme Court, in deciding Loper Bright Enterprises v. Raimondo, formally abandoned the Chevron Doctrine. In doing so, it ruled that the courts must decide what the “best reading” of statutory text is without deferring to agency interpretations.

The Trump administration argues that the Loper Bright ruling means that the court’s decision in Sweet Home is no longer good law because Stevens’ majority opinion relied on the Chevron doctrine.

Instead, the Trump administration argues that Scalia’s dissent is actually the best reading of “harm” and is now the law of the land.

However, in the majority opinion in Loper Bright, Chief Justice John Roberts cautioned: “We do not call into question prior cases that relied on the Chevron framework.” In short, it is not enough to say a precedent relied on Chevron and suggest it is no longer valid.

The Trump administration will have to overcome the presumption that the Sweet Home ruling remains the law unless the current Supreme Court overturns it.

Where we go from here

Environmental groups and tribes have already filed multiple lawsuits challenging the repeal of the harm rule.

In addition to defending the validity of the Sweet Home decision as the best reading of the law, the cases allege a number of procedural flaws in how the Department of Interior changed the rule.

Those include alleged violations of the National Environmental Policy Act by failing to prepare an environmental impact statement; violations of the Endangered Species Act by failing to engage in consultation regarding the impacts of the rescinding of the harm rule; and failure to comply with the Administrative Procedure Act to justify and explain the basis for wholesale repeal of the harm rule without proposing an alternative.

While the administration is likely counting on getting the case to the Supreme Court before its time in office runs out, I expect the strategy of the challengers will be to delay the litigation by filing lawsuits in multiple courts and asking the courts for preliminary injunctions to block the rule change pending the cases’ outcome. That would allow a future administration to reinstate the rule.

The stakes are huge for the nation’s most imperiled species. Over two-thirds of listed species depend on nonfederal land for their survival and recovery. The harm rule is the single most important reason they are still alive and have a chance of recovery.

Patrick Parenteau does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

​Politics + Society – The Conversation