The Lawfare Podcast Lawfare Daily: Tom Brzozowski on Domestic Terrorism Investigations and Prosecutions
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Dec 30, 2025 In a revealing conversation, Tom Brzozowski, a former DOJ official with expertise in domestic terrorism, joins host Michael Feinberg. They explore the recent changes in domestic terrorism investigations and what they mean for American civil liberties. Tom argues that Antifa is not a sophisticated organization but a loose ideological label. He cautions about the risks of expanding surveillance through vague definitions, illustrating historical parallels to past abuses. Their discussion highlights the potential implications for protesters and broader societal compliance.
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Bondi Memo Acts Like An Operational Order
- The Bondi memo functions as an operational order directing priorities and building specific lists.
- Brzozowski says it narrows focus to Antifa-aligned threats and instructs building secret internal lists.
Secret Lists Without Clear Legal Basis
- The memo directs secret domestic-terror organization lists without statutory basis or clear criteria.
- Brzozowski highlights the opacity and lack of redress for groups placed on those lists.
Legal Predication Remains A Core Guardrail
- FBI rules forbid predicating investigations solely on First Amendment activity.
- Brzozowski and Michael Feinberg stress predication remains legally required despite new directives.