Donald Trump issued a presidential memorandum on Thursday aimed at reining in what he has called a radical leftwing domestic “terror network” but which seemed likely to meet fierce legal pushback from critics depicting it as a licence for a broad crackdown on his political opponents.
Prompted by journalists, Trump suggested that George Soros, the billionaire Hungarian-born philanthropist who funds the Open Society Foundations, could be in his sights. He also identified Reid Hoffman, a billionaire venture capitalist, adding: “I hear about him. Maybe it could be him. It could be a lot of people.”
Earlier, the Open Society Foundations had hit back at reports that the justice department was planning to target the group and criticized the Trump administration for “politically motivated attacks on civil society”.
Hina Shamsi of the American Civil Liberties Union (ACLU) said in a statement: “After one of the most harrowing weeks for our first amendment rights, the president is invoking political violence, which we all condemn, as an excuse to target non-profits and activists with the false and stigmatizing label of ‘domestic terrorism’. This is a shameful and dangerous move.”
At a signing ceremony in the Oval Office, the memorandum was presented as aimed at “establishing a comprehensive strategy to investigate, disrupt and dismantle all stages of organized political violence and domestic terrorism”.
It was said to be part of an administration-wide response that would include the FBI’s joint terrorism taskforces, the Department of Justice and the Department of Treasury.
The ACLU said in a statement that joint terrorism task forces “already have a long history of investigations that wrongly target protestors, communities of color, and those engaged in dissent”.
Surrounded by members of his cabinet, Trump said the goal was to target “the funders of a lot of these groups”, some of whom he claimed to know. But he was vague when asked which groups he meant or who the funders were.
“These are anarchists and agitators, professional anarchists and agitators, and they get hired by wealthy people, some of whom I know, I guess, probably know,” he said. “You wouldn’t know at dinner with them. Everything’s nice, and then you find out that they funded millions of dollars to these lunatics.”
Daniel Richman, a professor at Columbia Law School and former federal prosecutor, said the memorandum itself probably doesn’t carry much legal weight. “You can’t by executive order create new crimes. This does not create new crimes. This says you will use the Terrorism Task Force to go after things they would usually go after,” Richman said.
But, he added: “The concern is that this administration has made clear it is only interested in pursuing politically oriented terrorism that disagrees with its political agenda.”
The Trump administration does not need to create new crimes in order to do this, he said. Laws already on the books “have and continue to provide the ability to go after ideological opponents”.
Though the memorandum may not hold up in court, “I fear how far they are going to take this,” said Jason Charter, a former activist who faced charges during Trump’s first term in connection with efforts to tear down the Andrew Jackson statue in front of the White House. “Antifa is antifascism, and antifascism is a very widely shared thing, and being against fascism should not be illegal.”
“It’s trying to slap terrorism charges on people doing protected activities under the Bill of Rights,” Charter said.
The memorandum comes amid a rightwing clamor for retribution in the wake of the 10 September murder of the far-right pundit Charlie Kirk, which Trump and his supporters have blamed on an organized leftwing network, despite early indications that the suspect acted alone.
Related: Trump signs order designating antifa as a ‘domestic terrorist organization’
It also followed Wednesday’s deadly attack on a US Immigration and Customs Enforcement (Ice) facility in Dallas that killed one detainee and injured two others. One of the bullets used in the attack was inscribed with the message “anti-Ice”.
The memorandum lumps together a series of apparently unrelated episodes, including a foiled 2022 assassination attempt on the supreme court justice Brett Kavanaugh, the murder of the CEO of United Healthcare in Manhattan last December, last year’s two failed attempts on Trump’s life, and unrest on the streets of Los Angeles and Portland, Oregon.
Stephen Miller, the influential White House deputy chief of staff – who has been vocal in the administration’s previous calls for a crackdown – called the initiative “historical and significant”.
“This is the first time in American history that there is an all-of-government effort to dismantle leftwing terrorism, to dismantle antifa, to dismantle the organizations that have been carrying out these acts of political violence and terrorism,” Miller said. The joint terrorism taskforce, a unit inside the FBI, would be “the hub” of the effort, he added.
He said “an entire system of feeder organisations” were funding “harassment, doxing, intimidation and, ultimately, attempted assassinations” of public officials.
“It is all carefully planned, executed and thought through,” said Miller. “It is terrorism on our soil. We are going to use the entire force of the federal government to uproot these organizations, root and branch.”
Trump and his allies have portrayed political violence as a phenomenon primarily associated with the left, overlooking recent incidents in which Democrats have been targeted by people who are believed to be rightwing extremists or incidents in which the perpetrator’s motives are unclear.
Posting on his Truth Social network on Wednesday, Trump clearly tied the Ice facility attack to the Democrats and their criticism of his immigration crackdown in a manner resembling his response to Kirk’s killing.
“This violence is the result of the radical left Democrats constantly demonizing law enforcement, calling for ICE to be demolished, and comparing ICE Officers to “Nazis,” he wrote. “The continuing violence from Radical Left Terrorists, in the aftermath of Charlie Kirk’s assassination, must be stopped. ICE Officers, and other Brave Members of Law Enforcement, are under grave threat.”
But authorities on Thursday said that they did not find evidence that the suspect was a member of “any specific group or entity, nor did he mention any specific government agency other than Ice”.
In the wake of Kirk’s killing, Trump issued an executive order designating antifa, a loose network of groups that has been involved in confrontations with the far right, as a “domestic terrorist organization”.
The new memorandum states: “This 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.
“A new law enforcement strategy that investigates all participants in these criminal and terroristic conspiracies – including the organized structures, networks, entities, organizations, funding sources, and predicate actions behind them – is required.”
“Intimidation tactics against those standing up for human rights and civil liberties are sadly not new in the history of this country,” Shamsi, the director of the ACLU’s national security project, said. “In an earlier era, civil rights movement leaders were also labeled security threats and investigated, monitored, threatened, and even arrested.”
Lauren Gambino contributed reporting
