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How are they going to justify that?
According to their fascist dogma, dissent is inherently treasonous, so they won't need any further justification.
Also, Wilhoit's Law applies:
If someone voices something different than what they want, they label them as communist extremists and create a fake group name like antifa to which they claim they were apart of. Which they already labeled antifa as a terrorist organization, thus giving them the ability to prosecute with no way to prove someone isn't in antifa, as the group doesn't really even exist unless it's 1930s Germany. Whether or not they end up being able prove your guilty, remember Trump during his first term stated he believed in taking away the guns first, and then doing the investigation. Mike Pence had to walk him back on that because it would be unconstitutional.
To be fair it doesn’t seem that far from 1930s Germany
It's not. They're following the same path almost exactly.