On November 24, 2025, Protect Democracy, represented by American Oversight, filed suit against the Trump administration to demand that it release the “lists” of nonprofit organizations it is targeting for investigation based on their political views and advocacy work.  

Nonprofits are an essential part of American democracy. These are organizations where people come together to solve problems on their own, independent of government, and get things done for their communities and country. 

What’s more, civil society is a key democratic guardrail: On top of providing much-needed services to our communities, nonprofits also hold political leaders accountable and fight back when the government goes too far and abuses power. That’s exactly why they can be attractive targets for presidents who want to suppress dissent and consolidate power. 

Nonprofits engaged in nonviolent advocacy shouldn’t have to wonder whether their day-to-day work to improve the lives of Americans will land them on a government watchlist, or worse, just because they disagree with the administration.

Several news outlets have reported that the administration has created enemies lists of nonprofit organizations for federal agencies to investigate because their viewpoints don’t align with the administration. Protect Democracy is asking the court to order the Departments of Treasury, State, and Homeland Security, and the Financial Crimes Enforcement Network (“FinCEN”) to respond to FOIA requests and produce responsive documents, including any lists of targeted nonprofits. 

Background

Background

On September 22, 2025, President Donald Trump issued an Executive Order designating “Antifa” as a domestic terrorist organization. Two days later, the president issued a presidential memorandum (NSPM-7) directing the National Joint Terrorism Task Force to “coordinate and supervise a comprehensive national strategy to investigate, prosecute, and disrupt entities and individuals engaged in acts of political violence and intimidation designed to suppress lawful political activity or obstruct the rule of law.”  

The Executive Order and NSPM-7 contain broad language describing the “motivations and indicia” that the administration considers “extremism” (including, “anti-facism,” “anti-Christianity,” and “hostility” toward “traditional American views on family, religion, and morality”) and suggest that anyone in “network” with targeted groups could be accused of providing material support for “terrorism.” The lack of meaningful distinctions between criminal activity and constitutionally-protected speech and advocacy has already created a significant chilling effect across the nonprofit sector.

On October 22, 2025 Protect Democracy filed FOIA requests with eight federal agencies, the Office of Management and Budget, State Department, Treasury Department (including the IRS and FinCEN), Department of Justice (including the FBI), and Department of Homeland Security, seeking documents and communications from late September onward related to:

• Implementation of President Trump’s September 22nd Executive Order designating “Antifa” as a domestic terrorist organization and National Security Presidential Memorandum 7.
• Instructions to investigate philanthropies and nonprofits alleged to have ties to “Antifa,” “anti-fascism,” or “domestic terrorist organizations.”
• Lists that identify nonprofit organizations as investigation targets, including those referenced by Treasury Secretary Scott Bessent and in recent Reuters reporting.
• Communications with banks and other financial institutions “encouraging” them to report “suspected domestic terrorist activity.”

Following the issuance of NSPM-7, more than 3,700 nonprofit organizations publicly expressed concerns that this authority could be invoked to improperly target or punish entities perceived as opposing the administration. More than 100 philanthropic organizations previously signed on to a similar statement. Also noteworthy, the leader of the conservative nonprofit DonorsTrust publicly warned that recent rhetoric “has the potential to weaponize philanthropy in a way that is antithetical to philanthropic freedom.” 

“Americans deserve to know whether the government is using its vast law enforcement and financial surveillance powers to investigate nonprofits simply because the president disagrees with their views. History shows the danger of allowing government officials to target civil society organizations on the basis of ideology. Transparency is essential to ensure these extraordinary authorities are not weaponized against lawful advocacy, philanthropy, or dissent.”

JoAnna Suriani, Counsel at Protect Democracy

When the Trump administration investigates nonprofits for ideological reasons, it must not be allowed to operate in the shadows. FOIA is one of the few tools the public has to cut through the government’s secrecy. Yet the administration has offered no explanation for its failure to respond to these urgent requests. The public has a right to know how and why these groups were targeted, and whether federal agencies are being used to punish organizations for speaking out against the president’s agenda or holding the administration accountable.

Chioma Chukwu, Executive Director of American Oversight

Defendants

Defendants

• U.S. Treasury Department
• U.S. State Department
• U.S. Department of Homeland Security (DHS)
• Financial Crimes Enforcement Network (FinCEN)

Case Documents

Case Documents