September 18, 2025
In a startling display of authoritarian overreach, former President Donald Trump has called for the use of the Racketeer Influenced and Corrupt Organizations Act (RICO) against peaceful protestors, marking a severe escalation in his administration's approach to dissent. Last Tuesday, during a visit to Joe’s Seafood in Washington, DC, Trump was briefly interrupted by protestors from Code Pink, who voiced criticisms linking his policies to historical atrocities.
The protestors, who chanted “Free DC, free Palestine, Trump is the Hitler of our time,” were swiftly removed from the premises. Trump, visibly irate during the incident, later alleged without evidence that the protestors were "paid agitators" and instructed Attorney General Pam Bondi to explore RICO charges against them. This directive appears to be a drastic misuse of a law intended to combat organized crime, not suppress free speech.
Deputy Attorney General Todd Blanche has been roped in to rationalize this approach, suggesting that the protest could be seen as part of an "organized effort to inflict harm, and terror, and damage, on the United States." However, legal experts and Blanche himself know well that such claims stretch the intent and application of RICO beyond recognition.
Legal precedent under RICO focuses on actual criminal organizations committing tangible crimes such as murder, extortion, and bribery. The law enhances penalties for those involved in a “pattern” of racketeering activity, where the illegal acts are interconnected, not isolated incidents of protest.
Moreover, Trump's comments and the subsequent justifications by DOJ officials highlight a concerning trend to label dissent as terrorism or subversion. This is not just a theoretical overreach but aligns with broader legislative attempts by figures like Senator Ted Cruz, who has proposed expanding RICO's scope to include rioting among its predicate offenses through the Stop FUNDERs Act.
Such moves are widely criticized as politically motivated, aiming to silence or criminalize opposition by equating it with terrorism or criminal conspiracy. Legal circles and civil rights advocates argue this not only undermines the constitutional rights of free speech and assembly but also sets a dangerous precedent for the misuse of federal laws to target political adversaries.
The implications of such actions are profound, threatening the very foundations of democratic dissent in the United States. While Trump and his administration continue to push these boundaries, the resistance from legal experts, activists, and sections of the media highlights the ongoing struggle to maintain the sanctity of First Amendment protections.