National Security Memo Lays Groundwork for Investigating Disfavored Nonprofits
President Trump issued a National Security Presidential Memorandum (NSPM-7) on September 25th titled “Countering Domestic Terrorism and Organized Political Violence.” The memo alleges that recent political violence “is not a series of isolated incidents and does not emerge organically. Instead, it is a culmination of sophisticated, organized campaigns of targeted intimidation, radicalization, threats, and violence designed to silence opposing speech, limit political activity, change or direct policy outcomes, and prevent the functioning of a democratic society.” The memo also asserts that “[c]ommon threads animating this violent conduct include anti-Americanism, anti-capitalism, and anti-Christianity; 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.”
To counter this claimed threat, the memo directs the National Joint Terrorism Task Force and its local offices to launch investigations, including of:
(i) institutional and individual funders, and officers and employees of organizations, that are responsible for, sponsor, or otherwise aid and abet the principal actors engaging in the criminal conduct described [in the memo]; and
(ii) non-governmental organizations and American citizens residing abroad or with close ties to foreign governments, agents, citizens, foundations, or influence networks engaged in violations of the Foreign Agents Registration Act (22 U.S.C. 611 et seq.) or money laundering by funding, creating, or supporting entities that engage in activities that support or encourage domestic terrorism.
The memo also directs specific executive branch officials to aid in this effort, including directing the IRS Commissioner to “take action to ensure that no tax-exempt entities are directly or indirectly financing political violence or domestic terrorism.”
Reaction from many nonprofits was swift and highly critical. For example, the ACLU characterized the memo as “using vague and overbroad labels of ‘terrorism’ and ‘conspiracy against rights'” and being “part of the President’s larger pattern of abusing his power to target critics through invocations of law enforcement, national security, and financial sanctions authorities.” The National Council of Nonprofits stated that “w]ith this memorandum, the Administration continues its targeted attack on nonprofits that oppose its priorities and ideology.” The Charity & Security Network said the memo “seeks to weaponize existing law and law enforcement agencies to target left-leaning organizations.”
According to a news report, several major law firms also warned their clients about possible politically motivated government investigations in the wake of the memo. And several members of Congress are working on a letter “expressing grave concerns” about the memo and a related executive order.