Compliance Implications of Federal Crackdown on Political Violence

Attorneys from ArentFox Schiff report that on September 25, President Trump issued a Presidential Memorandum directing federal agencies to investigate and prosecute individuals and organizations involved in what the Administration defines as “acts of political violence.” The Memo establishes a “comprehensive national strategy” to combat political violence and domestic terrorism, with broad investigative powers delegated to the FBI, DOJ, and IRS.

According to the authors, the Memo identifies ideological drivers of recent unrest, including “anti-Americanism” and “hostility toward traditional American values,” and orders the FBI’s National Joint Terrorism Task Force to coordinate investigations into individuals and groups allegedly engaged in politically motivated intimidation or violence. 

The Task Force is also instructed to examine NGOs and US citizens with foreign ties that may violate the Foreign Agents Registration Act (FARA) by supporting domestic terrorism. The Attorney General must prioritize prosecuting offenses such as conspiracy, money laundering, and providing material support to terrorists. Meanwhile, the IRS Commissioner is directed to ensure that tax-exempt organizations are not funding prohibited activities.

For compliance officers and nonprofit leaders, the authors emphasize that this directive heightens the importance of maintaining robust governance and financial oversight. Organizations should review their internal controls, ensure adherence to OFAC and FARA compliance protocols, document due diligence in grantmaking, and provide regular legal training for staff and board members. 

ArentFox Schiff advises that proactive compliance, including clear documentation and consistent policy enforcement, can reduce legal exposure as federal enforcement around political violence intensifies.