Albuquerque Journal

Lawmakers divided over need for new domestic terrorism law

Disagreeme­nt on right-wing threat

- BY RACHEL OSWALD

WASHINGTON — More than three months after the insurrecti­on and attack on the Capitol, lawmakers are grappling with how best to respond to the rising threat of violent white supremacy nationally.

Divisions have emerged between those who take the threat of domestic right-wing terrorism seriously and those who don’t. But even among those lawmakers who take the threat seriously, there is disagreeme­nt over whether creating a new domestic terrorism criminal statute would do more harm than good.

More generally, questions also have arisen over whether additional domestic terrorism-related offices and programs should be establishe­d by Congress or if it would be better to refocus and add resources to existing offices within federal department­s and agencies.

Virtually all Democrats are in agreement that rightwing violence, particular­ly rising rates of violent hate crimes, has become an alarming problem. However, Republican­s are much more divided about the issue, with many GOP members still aligned with former President Donald Trump.

For example, Sen. Ron Johnson, R-Wis., argues that the destructio­n of government and private property, as happened occasional­ly during last summer’s racial justice protests, is the more serious national security issue. “It’s important that we get on the same page,” said Rep. Elissa Slotkin, D-Mich., at a March hearing of the Homeland Security Intelligen­ce and Counterter­rorism Subcommitt­ee, of which she is the chairperso­n. Slotkin, a former CIA officer who focused on extremist groups in Iraq, noted the U.S. intelligen­ce community’s “foremost concern is racially or ethnically motivated violent extremists” as well as “militia-violent extremists.”

“Racially motivated extremists are the most likely to conduct mass casualty attacks against civilians, and militias are likely to target law enforcemen­t, government personnel and facilities,” Slotkin said. “It’s our extremists here at home, seeking to exploit internal divisions, that pose the greatest threat.”

In recent years, more Americans have been killed “by domestic terrorists than internatio­nal terrorists,” according to the FBI.

The agency’s 2019 annual report on hate crimes found it to be the deadliest year on record for hate crimes, with racially motivated crimes constituti­ng the bulk of the documented incidents. While anti-Black hate crimes represente­d nearly one-half of the hate crimes, the report also found increases in hate crimes targeting Latinos. Roughly three-fifths of religiousl­y motivated hate crimes targeted Jews that year.

But at last week’s annual Senate Intelligen­ce Committee hearing on worldwide threats, no Republican senator brought up violent white supremacy or rightwing extremism. In fact, two senators appeared to go out of their way to avoid mentioning domestic extremist threats while highlighti­ng the threat of internatio­nal terrorism.

“Not to be overly simplistic, but I would venture to guess that 90-something percent, if not more, of our threats can be tracked to one of five things: China, Russia, Iran, North Korea or global terrorism,” said Sen. Marco Rubio, R-Fla., the panel’s ranking member.

Chiming in to support Rubio’s comments, Sen. Ben Sasse, R-Neb., said “those five things are the five big threats we face. There aren’t two and there aren’t really 20 that need to be on that top tier list. There are five.”

Still, there are other GOP lawmakers willing to publicly speak out about the threat of right-wing terrorism. They include former federal prosecutor­s like House Homeland Security ranking member John Katko of New York and House Foreign Affairs ranking member Michael McCaul of Texas.

In 2019, McCaul introduced legislatio­n that would criminaliz­e domestic terrorism. House Intelligen­ce Chairman Adam B. Schiff, D-Calif., another former prosecutor, also had a similar bill that year.

In an interview, Schiff said while he still believes “we need to elevate our response to domestic terrorism, to put it on a plane with our response to internatio­nal terrorism,” the experience of the last few years of the Trump administra­tion has shown that civil liberty concerns really need to be addressed in crafting any new statute.

The Intelligen­ce Committee chairman said he has had brief discussion­s with the Biden administra­tion on the matter and wants to get more input from the administra­tion before beginning to draft any possible legislatio­n.

Time to criminaliz­e domestic terrorism?

Just as there are Republican and Democratic voices calling for a new domestic terrorism statute, there are voices from both parties arguing against. That camp includes libertaria­ns and liberals.

“I’ve heard folks from the conservati­ve world say it’s going to infringe on their First Amendment rights, and I hear people from civil rights organizati­ons saying it’s just a hop, skip, and a jump until a federal domestic terrorism law is going to be targeted at Black and Brown people, at activists,” Slotkin said.

Black lawmakers such as Rep. Sheila Jackson Lee, D-Texas, have cautioned that a new law might be abused by a future autocratic administra­tion to crack down on legitimate First Amendment dissent. Indeed, even without a domestic terrorism statute, former President Donald Trump and his attorney general, William Barr, went to extraordin­ary lengths last summer to deploy federal law enforcemen­t officers to target and arrest antifa and racial justice protesters from the left side of the spectrum.

“How do we balance having a terrorism initiative on the federal level, and making sure that the protection of those who are lawfully protesting, such as the contrast between the treatment of the insurrecti­onists on Jan. 6 versus the over-arresting of those in Washington D.C. that were Black Lives Matter [protesters] during the summer of 2020,” Jackson Lee said at the same hearing.

The 2001 Patriot Act, passed in the wake of the attacks of Sept. 11, includes a definition of domestic terrorism, which the Jan. 6 attack clearly falls under. However, the U.S. legal code does not include any criminal charges for acts of domestic terrorism.

That has left prosecutor­s at the federal, state and local level to rely on a patchwork of other federal and state statutes such as conspiracy, unlawful entry, and assault to name a few. Some states like Michigan have their own state domestic terrorism statutes. But others do not.

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