By Robert Simels
Originally published in amNewYork on
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Robert Simels examines NSPM 7, the presidential directive ordering the Justice Department to investigate left wing activists and groups as domestic terrorists. He explains that antifa is a decentralized network of people who oppose fascism and racism, not an organization with members and leaders, and he argues that the directive targets speech and nonviolent activity protected by the First Amendment.
Simels notes that the directive lists incidents that fit its narrative while leaving out others, such as the January 6 attack on the Capitol and the 2025 shootings of two Minnesota state lawmakers and their spouses. He also warns about the risk of material support charges for people who associate with disfavored causes.
He then turns to prosecutions. In Minneapolis, the Justice Department charged 15 protesters with conspiracy to impede federal officers, and all of those cases were dismissed because of prosecutorial misconduct. In Texas, defendants connected to a July 4, 2025 protest at the Prairieland ICE detention center received a combined total of more than 556 years in federal prison. One defendant convicted of attempted murder received 100 years. Daniel Sanchez Estrada, who was not at the protest, received 30 years for moving a box of zines the next day, his wife received 70 years, and six others received 50 years each. Simels contrasts these terms with the 22 year sentence given to Proud Boys leader Enrique Tarrio for January 6.
Simels points to the federal sentencing statute's requirement that a sentence be sufficient but not greater than necessary, notes that the case is headed to the Fifth Circuit, and reminds readers that the country was founded on protest.
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This page is a summary prepared for robertsimels.com. The full commentary was published by amNewYork and remains on amNewYork's site.
Robert Simels. Robert Simels hosts the podcast Injustice for All and serves as a consultant on criminal justice matters. He is no longer practicing law.
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