Attacks renew debate over domestic terrorism law

WASHINGTON — The package bombs sent to Democrats across the country and the killings of Jews at a Pittsburgh synagogue may seem like clear-cut cases of terrorism. But the suspects will almost certainly never face terrorism charges.

The reason: There’s no domestic terrorism law.

Whether there should be one is a matter of debate. On one hand, there’s the belief that white supremacists who kill for ideology should get the same terrorism label as Islamic State supporters. On the other, there’s concern about infringing on constitutional guarantees to protect free speech, no matter how abhorrent.

In the absence of domestic terrorism laws, the Justice Department relies on other statutes to prosecute ideologically motivated violence by people with no international ties. That makes it hard to track how often extremists driven by religious, racial or antigovernment bias commit violence in the U.S. It also complicates efforts to develop a universally-accepted domestic terror definition. Mary McCord, a former top Justice Department official in the Obama administration, favors a law that “puts domestic terrorism on the same moral plain as international terrorism.”

“Terrorism offenses are done purposely to send a much broader message, and so having that be the charged crime puts that label on that and says, ‘This is someone who committed a terrorism act,’ ” she said.

The discussion in some ways is more about labels than consequences. Even without a specific law, the Justice Department has other tools available — including explosives, hate crime and firearm possession charges. The penalty can easily be every bit as severe as in the international terrorism cases the Justice Department routinely brings against people who align themselves with foreign extremist groups and carry out violence in their names.

Both Cesar Sayoc, accused of sending more than a dozen explosive packages to highprofile critics of President Trump, and Robert Bowers, accused of killing 11 inside a Pittsburgh synagogue, could face decades in prison. In the case of Bowers, charged in a 29-count complaint with federal crimes including using a firearm to commit murder and obstructing the free exercise of religion, prosecutors intend to seek the death penalty. The same punishment was sought for Dylann Roof in the 2015 shooting at a black church in South Carolina.

Prosecutors are treating the synagogue shooting as a hate crime rather than domestic terrorism.