The Justice Department is weighing conspiracy and civil rights charges after violent protests erupted Monday at the University of California, Berkeley, during a Turning Point USA event, as federal investigators are also scrutinizing whether university and police officials failed to protect attendees.
The Civil Rights Division of the DOJ directed UC Berkeley Police Chief Yogananda Pittman and the university system president, James Milliken, to preserve all records related to the Monday incident, including officer communications, use-of-force reports, arrest logs, and security footage. Letters sent to both Pittman and Milliken on Tuesday by Assistant Attorney General Harmeet Dhillon cite possible violations of federal civil rights statutes and outline an expansive preservation order that could extend to both the university and Berkeley city police.
“We are determining whether recent events provide a basis for additional investigation of violations of federal rights, including, without limitation, violations of the First and Fourteenth Amendments,” Dhillon wrote.
Federal statutes and possible charges
Dhillon said in separate interviews with Fox News and CNN that her division is exploring charges under 18 U.S.C. §§ 241 and 242, which criminalize conspiracies to deprive individuals of constitutional rights and the deprivation of rights under color of law.
“It could be 18-241 or 18-242 — we also have hate crime statutes that apply,” Dhillon told Fox’s Laura Ingraham. “Some of the epithets hurled at members of the crowd made reference to their race and other protected characteristics. We’re going to do a deep dive into all the potential criminal and civil aspects of this.”
Dhillon added that beyond the actions of antifa-aligned protesters, investigators are examining whether the Berkeley administration or local police “failed to equally protect conservative speakers,” possibly triggering equal protection concerns under federal law.
University response and antifa threat
UC Berkeley spokesman Dan Mogulof said the university is “fully cooperating” with federal authorities and conducting its own investigation “to identify the outside agitators responsible.” He said the event “proceeded safely and without interruption” despite isolated violence that led to at least three arrests.
“There is no place at UC Berkeley for attempts to use violence or intimidation to prevent lawful expression or chill free speech,” Mogulof said.
The FBI-led Joint Terrorism Task Force is also participating in the investigation, according to Attorney General Pam Bondi, who described antifa as “an existential threat to our nation” in a post on X.
Antifa is an existential threat to our nation.
The violent riots at UC Berkeley last night are under full investigation by the FBI-led Joint Terrorism Task Force. We will continue to spare no expense unmasking all who commit and orchestrate acts of political violence.
Under…
— Attorney General Pamela Bondi (@AGPamBondi) November 11, 2025
Antifa involvement prompts calls for heightened scrutiny by MAGA base
In response to the federal government’s handling of the protest aftermath, some prominent Trump-aligned critics have questioned why there has not been more decisive action taken by the president against the antifa protesters who terrorized TPUSA supporters from the event.
“Sadly, I don’t think anyone takes this seriously,” said political commentator Mike Cernovich in response to Bondi, adding that “Trump has tools he can use” that he is not currently using.
Sadly, I don’t think anyone takes this seriously. Trump has tools he can use. He could cut off funding to Berkley. He has chosen not to. This is another press release, but Trump is showing he doesn’t care, and is afraid of Gavin Newsom.
— Cernovich (@Cernovich) November 11, 2025
“He could cut off funding to Berkley,” Cernovich added. “He has chosen not to. This is another press release, but Trump is showing he doesn’t care, and is afraid of Gavin Newsom.”
Although the Trump administration designated antifa a domestic terrorist organization in September, no terrorism-related charges have yet been brought in connection with the Berkeley incident. The only criminal case involving terrorism charges for antifa so far involves two defendants indicted last month in Texas under 18 U.S.C. § 2339A, for allegedly providing material support to terrorists following a July 4 attack on an ICE detention facility.
The Washington Examiner reported Tuesday that the UC Berkeley protest appears to have been coordinated by the antifa-linked group By Any Means Necessary, a far-left agitator coalition that circulated flyers urging followers to “End Fascist Turning Point’s Youth-Oriented Campaign of Incitement to Violence.”
BAMN’s materials called TPUSA a “white nationalist, neo-fascist organization” and explicitly invoked militant action: “Donald Trump’s program for a fascist America must be defeated here and now at UC Berkeley!”
During the protest, agitators reportedly mocked slain TPUSA founder Charlie Kirk, chanting “F*** your dead homie!” and holding signs referencing his death. One attendee wearing a red “Freedom” shirt was assaulted and bloodied after being attacked while selling pro-TPUSA merchandise.
BAMN, previously identified by the FBI in 2002 as “thought to be involved in terrorist activities,” has deep ties to Bay Area teachers unions and led similar riots during Trump’s first term.
Dhillon seeks exhaustive list of records
Dhillon, who previously represented conservative speakers in lawsuits against UC Berkeley after the 2017 riots, said the pattern of violent disruptions “is no longer protest — it’s terrorism.”
“What we have here is a terrorist organization allowed to run wild on an American campus funded by taxpayers,” she told CNN. “It’s illegal, and we won’t let it stand.”
ANTIFA BEHIND VIOLENT COUNTERPROTEST AGAINST TPUSA EVENT AT UC BERKELEY
Dhillon’s letter to UC Berkeley Police suggests the federal review could expand significantly. Among the 18 categories of records sought are officer body camera footage, internal chat messages, incident action plans, and any “declinations to pursue prosecution” of those arrested.
The department’s investigation, she said, will “spare no expense unmasking all who commit and orchestrate acts of political violence.”