A chilling encounter unfolded last week as FBI counterterrorism agents, with a mission to question a former climate activist, arrived at his doorstep. This incident raises serious concerns about the Trump administration's promise to criminalize nonprofits and activist groups as domestic terrorists, a promise that appears to be escalating.
Two FBI agents, including one from New York's Joint Terrorism Task Force, sought out a former member of Extinction Rebellion NYC. The agents' visit followed an earlier attempt to reach him at an old address, indicating a persistent pursuit. This comes at a time when the Justice Department is intensifying its surveillance of activists protesting immigration enforcement, and the Trump administration is secretly compiling lists of domestic enemies under National Security Presidential Memorandum 7 (NSPM-7).
Ron Kuby, the attorney for Extinction Rebellion, expressed deep concern, stating, "This is usually how we find out an actual investigation is underway." He believes this is a significant escalation of the criminal legal system against the group.
The former Extinction Rebellion member, who wishes to remain anonymous for safety reasons, recalled a suspicious phone call in January from a special agent. After initially declining to speak, the agent claimed to be standing outside his door, but at his former address. Last week, the agents' arrival at his current address confirmed their persistence and legitimacy.
Kuby confirmed that the agent's credentials matched a current member of the FBI's New York Joint Terrorism Task Force. Text messages reviewed by The Intercept further substantiated the agent's identity and purpose.
When reached for comment, a public affairs officer for the New York FBI field office adhered to DOJ policy, neither confirming nor denying the existence of any investigation.
Extinction Rebellion NYC, a chapter of an international climate justice movement, engages in highly public direct actions, such as an Earth Day spray-painting incident inside Trump Tower. Kuby emphasized that none of their actions are violent or rise above misdemeanors, questioning the involvement of federal counterterrorism investigators.
The former member, who had not been involved in any Extinction Rebellion actions for two years, expressed confusion over the FBI's interest. He stated, "They repeatedly pursued me and traveled hundreds of miles. This suggests a real investigative effort."
Kuby added, "Often, the FBI starts with former members or less central people to begin investigations."
Trump's NSPM-7 memorandum called for the investigation of progressive groups and donors for "anti-fascism" beliefs, a directive that has led to multiple active FBI investigations in various locations, including New York. Civil liberty watchdogs warn that this directive could criminalize protected speech and protest.
FBI agents have also visited activists affiliated with Extinction Rebellion and other climate groups in the Boston area, but the reasons for those visits remain unclear.
After Extinction Rebellion NYC members protested at a town hall event for New York Democratic Rep. Tom Suozzi, Assistant Attorney General for Civil Rights Harmeet Dhillon announced an investigation into the protest. However, none of the activists involved have been contacted by federal investigators.
In 2023, then-Florida Senator Marco Rubio wrote a letter to the FBI and DHS, asking to bar members of Extinction Rebellion from the U.S. in response to reports of planned protests at federal properties. Rubio's language in this letter and proposed legislation against "antifa" protests in 2022 has drawn criticism for its potential to criminalize protected forms of protest.
Nate Smith, an Extinction Rebellion activist, objected to the characterization of their activism as terrorism, questioning whether petitioning an elected official is a federal offense.
There have been scattered reports of FBI agents visiting anti-ICE protesters, further highlighting the FBI's interest in activist groups. Extinction Rebellion NYC, in a public statement, expressed surprise at being targeted, stating, "We did not anticipate the level of capitulation from our country's hallowed institutions and political opposition."
This incident raises important questions about the boundaries of free speech and protest, and the potential criminalization of dissent. It also underscores the need for a robust discussion on the role of law enforcement in addressing political and social activism.