WASHINGTON, D.C. – Today, Protect Democracy filed Freedom of Information Act (FOIA) requests with multiple federal agencies seeking records related to reported efforts to investigate and target philanthropic and nonprofit organizations based on their perceived political activities or affiliations.

The requests, filed with 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, seek 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.”

“Americans have a right to know whether the government is wielding its investigative powers to target nonprofits for their political views and ideology,” said JoAnna Suriani, Counsel at Protect Democracy. “This administration has made clear they intend to go after what they call the ‘radical left ecosystem’ and its ‘funders’ — but the standards they say they’re using to identify targets remain dangerously vague and seem designed to sweep up constitutionally-protected nonviolent speech and advocacy.”

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.

“These FOIA requests are seeking those lists and the criteria being used to compile them,” continued Suriani. “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.”

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.” 

Protect Democracy has requested expedited processing of these FOIA requests given the urgent public interest in understanding the government’s reported efforts to investigate and potentially penalize nonprofit organizations based on political considerations.

About Protect Democracy

Protect Democracy is a cross-ideological nonprofit group dedicated to defeating the authoritarian threat. Our experts use litigation, advocacy, research, and technology to stop the consolidation of power, defend dissent, protect our elections, and build a thriving, multiparty democracy.