Professional Documents
Culture Documents
SUBSCRIBE
LAWFARE: The Law Should Treat Domestic Terror as the Equivalent of International Terror
SHARE:
LAWFARE
In the last year, it appears that the vehicle has become a new weapon of choice for international terrorists.
Whether a cargo truck deliberately driven into the crowds of people celebrating Bastille Day in Nice in
July 2016, a tractor-trailer that plowed into a Berlin Christmas market in December 2016, the car and van
attacks in London at the Palace of Westminster and London Bridge in March and June of this year, or last
Thursday’s van attack in Barcelona, this low-cost, low-planning method of spreading terror has produced
high-fatality, high-impact results.
But the use of vehicles as weapons isn’t limited to terrorists acting on behalf of the Islamic State or other
Islamist violent extremists. As we saw in Charlottesville on August 12, the vehicle was the most lethal
weapon deployed by the white supremacists, neo-Nazis, and Ku Klux Klansmen who descended on the
southern but progressive university town, invoking what they characterized as their First Amendment
rights to free speech and assembly as a guise to conceal their true purpose of intimidating and coercing
not only the citizens of Charlottesville but the entire United States with vows to take back the country —
violently if necessary.
Two days later, Attorney General Jeff Sessions correctly labeled the car attack in Charlottesville that left
Heather Heyer dead and many others wounded an act of “domestic terrorism.” Federal law defines
domestic terrorism as activities dangerous to human life that occur primarily in the United States, violate
federal or state criminal laws, and are 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.” Based on what we know now about James Alex Fields Jr., the
20-year-old man who allegedly rammed his car into Heyer and others on Saturday, his conduct readily
seems to meet the federal definition. The attack, which resulted in Heyer’s death and the injury of many
others, was obviously dangerous to human life and certainly in violation of state criminal statutes. More
importantly, given the apparent purpose of Fields’s travel to Charlottesville to participate in the “Unite
the Right” white supremacist rally, it seems reasonably clear that his intent was “to intimidate and coerce
a civilian population.”
But while the attorney general’s labeling of the attack as domestic terrorism was important — and stands
in stark contrast to President Donald Trump’s reluctance to use the terrorist label when referring to Fields
and even more worrisome persistent moral ambivalence between the protesters on the right preaching and
indeed using violence and the counter-protesters on the left speaking out against them — it does not
change the fact that there is no federal crime of domestic terrorism with which Fields can be charged.
Federal law would allow the United States to charge the terrorists who used their vehicles to kill and
injure scores of people in Britain, France, Germany, and Spain with terrorism offenses if committed in
support of a foreign terrorist organization like the Islamic State — even though these acts occurred
outside of U.S. territory — but it does not provide for a terrorism charge against Fields for the same type
of terrorist activity occurring right here in the heart of the United States. It is time that our federal
criminal laws recognize domestic terrorism for what it is: the moral equivalent of international terrorism.
It is of course true that, because of what would be a more complicated interaction with the First
Amendment’s protection of the rights to free speech and assembly, the United States does not designate
domestic organizations such as the Ku Klux Klan as terrorist organizations in the way that it designates
foreign organizations such as the Islamic State as terrorist organizations. The U.S. Constitution
guarantees the right to free expression of opinions, including banding together with others of similar
views, even if those views are offensive to the majority of the population. That right, as interpreted, has
been understood by some as a barrier to the enactment of the domestic equivalent to the most commonly
used international terrorism charge: Providing material support to a foreign terrorist organization. But this
does not mean that the federal government cannot criminalize acts of violence that are committed for the
purposes enumerated in the federal definition of domestic terrorism (which, by the way, are identical to
the purposes enumerated in the federal definition of international terrorism): “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.” It is well established that
violent acts done with any of these purposes are not protected by the First Amendment — they are not
speech but, instead, violent acts. A federal crime of domestic terrorism would put crimes such as those
allegedly committed by James Fields on the same moral plane as those committed by the attackers in
Britain, France, Germany, and Spain, just as they deserve to be.
Mary B. McCord is a visiting professor of law at Georgetown University Law School and is the
former acting assistant attorney general and principal deputy assistant attorney general for
national security at the U.S. Department of Justice.
VIEW
COMMENTS
Jada Pinkett Smith Revealed How She Really Felt After Her Son's Sudden DecisionElite Herald
Remember Tiger Woods' Ex-wife? Try Not To Gasp When You See Her NowAppurse
Looking for a serious relationship? Let's give a try here!The Top 5 South African Dating Sites
Don't Sell Your House In South Africa Until You've Read ThisExperts in Money Real Estate Quotes
BY TABOOLA
Without Russian Aid to Armenia, Azerbaijan Has the Upper Hand in Nagorno-Karabakh
Millions of Americans Believe Trump Is Fighting Literal Demons
BY TABOOLA
latest
Here Are the Experts Leading Biden’s Transition at Federal Agencies
While Biden Calls the Real World, Trump and Allies Create Another
TRENDING
1. 1
2. 2
3. 3
5. 5
voices
The Vaccine News Is Good. Here’s the Bad News.
LAURIE GARRETT
STEPHEN M. WALT
Voters Are Picking Ideology Over Competence on Both Sides of the Atlantic
AZEEM IBRAHIM
FP EVENTS
FP STUDIOS
FP ANALYTICS
FP PEACEGAMES
SUBSCRIPTION SERVICES
REPRINT PERMISSIONS
WRITER’S GUIDELINES
WORK AT FP
FP FOR EDUCATION
FP ARCHIVE
ADVERTISE WITH FP
CONTACT US
PRIVACY POLICY
The Pentagon Distances Itself From TrumpFacing fierce criticism from Mattis
and other former senior military officials, Esper insists the Pentagon is not playing
politics.Foreign Policy
America Has Elected Either Death or More DeathThe options are either an
ineffective pandemic response—or an utterly catastrophic one.Foreign Policy
Jada Pinkett Smith Revealed How She Really Felt After Her Son's Sudden Decision Elite
Herald|
Sponsored
Many failed before. Will you complete the trial? Hero Wars|
Sponsored
Remember Tiger Woods' Ex-wife? Try Not To Gasp When You See Her
NowAppurse|
Sponsored
Looking for a serious relationship? Let's give a try here! The Top 5 South African Dating Sites|
Sponsored
Don't Sell Your House In South Africa Until You've Read ThisExperts in Money Real
Estate Quotes|
Sponsored
Chinese media scoop: The Taliban's deadly monkey soldiers Foreign Policy