GateHouse Media
September 7, 2019
Violent white supremacists pose a significant threat to the
American public equal to or greater than the threat posed by foreign
terrorists. Those who support such views or just remain silent, enable bigotry
and hatred.
Michael C. McGarrity, assistant director of counterterrorism
for the FBI testified before the U.S. House Homeland Security Committee in May
saying, “We believe domestic terrorists pose a present and persistent threat of
violence and economic harm to the United States; in fact, there have been more
arrests and deaths caused by domestic terrorists than international terrorists
in recent years.”
Yet, according to the Brennan Center, the “Justice
Department regularly treats white supremacist violence not as domestic
terrorism or hate crimes, but as gang crimes, which rank sixth on the FBI’s
priority list.”
Domestic terrorism is defined by statute as any act
occurring within the jurisdiction of the United States that is dangerous to
human life, violates U.S. criminal laws and appears to be intended to
intimidate or coerce a civilian population, influence the policy of a
government by intimidation or coercion, or affect the conduct of a government
by mass destruction, assassination, or kidnapping.
Although domestic terrorism is defined by statute there is
no specific domestic terrorism law that can encompass acts such as the mass
shootings in El Paso,Texas, Pittsburgh and San Diego.
Justice Department attorney Brad Wiegmann told ABC News that
he would be open to discussing a domestic terrorism statute with federal
lawmakers.
“We’re always looking to improve our authorities. And so I
think we’re certainly open to having a discussion with the Congress if there’s
interest in the Congress pursuing a domestic terrorism statute,” Wiegmann said.
Do we need a specific domestic terrorism statute?
There are several federal laws on the books that could be
used to combat domestic terrorism. One law, the “Use of Weapons of Mass
Destruction,” makes it a federal offense to use, attempt to use, or conspire to
use nuclear, radiological, chemical or biological weapons - things that
commonly come to mind when thinking of mass destruction. However, the law also
covers the use of explosives. According to Bobby Chesney a law professor at the
University of Texas School of Law, the statute “does not require any showing of
a transnational or foreign element in the fact pattern ... and it is perfectly
available for domestic terrorism cases that involve bombings.”
As we have seen in recent days, terrorist attacks can be
devastating without the use of explosives. Federal law does not appear to reach
most gun-based acts of terrorism. There is a provision in federal law that
defines a destructive device as a weapon that “expel(s) a projectile by the action
of an explosive or other propellant ... (using a) barrel with a bore of more
than one-half inch in diameter.” None of the recent mass attacks on U.S. soil
were carried out with instrumentalities that fit that definition.
Well it may be true that there is not a specific statute to
deal with acts of domestic terrorism that involve mass shootings - it may be as
easy as tweaking existing federal law so it does not distinguish between
methods of violence.
Another possible tool against domestic terrorists - such as
neo-Nazis and racist white supremacist - is to go after the people who
materially support those groups, financially and otherwise. This tactic is
commonly used in federal terrorism prosecution, but not available for domestic
terror.
There are First Amendment concerns with regard to support
for a movement as opposed to participation in a criminal act, but exploring a
statute that make it illegal to materially support a group promoting and
espousing domestic terrorism is worth the effort.
Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner’s Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.weap
Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner’s Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.weap
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