The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Oct. 17
Oct 20, 2025
The discussion kicks off with a deep dive into the legal ramifications of the Trump administration's actions, including the indictment of John Bolton. The panel debates the controversial framing of Antifa as a coherent enterprise, while also dissecting the implications of armed assaults related to immigration enforcement. A notable legal stay regarding the National Guard's deployment in Chicago raises questions about political protests and rebellion. The intriguing complexities of espionage-related charges against Bolton add further layers to the conversation about U.S. governance and legal challenges.
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Armed Assault On ICE Was Serious Violence
- The Texas ICE facility attack involved armed gunfire and an organized assault that led to rapid arrests.
- Prosecutors view it as serious political violence warranting charges including material support for terrorism under 18 U.S.C. §2339A.
Material Support Statute Targets Acts, Not Groups
- The government used 18 U.S.C. §2339A to charge domestic actors for material support tied to specific violent acts.
- That statute targets assistance to terrorist acts themselves rather than support for designated foreign groups.
Calling Antifa An "Enterprise" Raises Risks
- The indictment labels the defendants as members of an "Antifa cell" and treats Antifa as an enterprise.
- That framing risks politicizing an otherwise strong factual case because Antifa is widely viewed as a decentralized philosophy, not a structured organization.