“The 360” shows you different perspectives on the top stories and debates of the day.
What’s happening
Last week’s deadly attack on the U.S. Capitol reinvigorated an ongoing debate over whether federal law enforcement should be given more powers to fight domestic terrorism at the same level that the U.S. is fighting terrorism abroad.
President-elect Joe Biden was one of many lawmakers who called the crowd of Trump supporters who stormed the Capitol building “domestic terrorists”. The rioters’ attempt to forcibly prevent Congress from confirming Biden’s election victory appears to meet the legal standard for domestic terrorism, which is defined under US law as acts of violence that “influence government policies through intimidation or coercion” should.
Although a number of people who were involved in the attack were arrested, none of them have been charged with terrorism. That’s because domestic terrorism is not a crime even in the United States. International terrorism laws give federal law enforcement agencies extensive powers to monitor individuals suspected of terrorist activity and to accuse them of being members of a particular terrorist group or of providing “material assistance” even if their actions are not under normal circumstances are illegal. However, when it comes to terrorism born within US borders, law enforcement powers are much tighter.
Some lawmakers and national security experts have been pushing for a new law in recent years to make domestic terrorism a crime and expand the ability of law enforcement agencies to combat extremism in their own country. While the term would apply to all ideologies, the proposals specifically target right-wing extremism – which has inspired the majority of terrorist attacks in the US over the past few decades.
Why are there debates
Proponents of a new domestic terror law say the attack on the Capitol is just the latest example of how current laws are holding back efforts to combat domestic extremism. Other attacks – including the recent mass shootings in El Paso, Texas and Pittsburgh – show how wrong it is to treat terrorism differently simply for its origins, they argue. A new law could give authorities more powers to disrupt conspiracies before they go ahead and impose stricter penalties on offenders.
The story goes on
Opponents say that any new power given to law enforcement would inevitably be used to violate the constitutional rights of innocent Americans. Whether it’s the illegitimate surveillance of Muslim Americans after the 9/11 attack or covert operations against Martin Luther King Jr. in the 1960s, the government has a troubling history of abuse of anti-terrorism laws – with the victims often being black people . The solution to the extremism of the white supremacists is for the authorities to finally focus the considerable powers they already have on the real threat.
Some argue that there is room for targeted law that creates a narrow definition of domestic terrorism while protecting the rights of vulnerable groups. Others have pushed for bills that would force federal law enforcement to prioritize right-wing extremism using their existing authority.
What’s next
According to his campaign website, Biden intends to “work for a domestic terrorism law” when he takes office. Concerns from civil rights groups could lead the president-elect to reconsider that promise, according to a new report from Yahoo News.
Perspectives
supporter
Existing laws make it difficult to track down domestic extremists
“Federal agencies have had more success in fighting international terrorists than those with a domestic focus. This reflects the legal limits of investigations into American factions, the opacity and elusive nature of the threat and embrace of right-wing extremist groups by President Donald Trump, experts say. ”- Sebastian Rotella, ProPublica
A domestic terrorism law would prevent future attacks
“[Congress] should enact laws that make the definition of domestic terrorism in the U.S. Code a criminal offense – not only to provide penalties that could deter future threats, but also to provide law enforcement agencies with the tools to implement strategic ones Analysis and organized investigations of such threats and crimes required are the result of them. “- Adam Maruyama, The Hill
Dealing differently with national and international terrorism is a mistake
“If someone likes [Tree of Life synagogue shooter] Robert Bowers kills 18 people in a Pittsburgh synagogue and he is not considered a domestic terrorist for using a pistol rather than a weapon of mass destruction. This really indicates the absurdity of the law as it exists today. If that were a person inspired by ISIS, they would be charged with a terrorist attack. “- Counter-terrorism expert Jason Blazakis to intercept
It is possible to create a domestic terror law that protects civil rights
“Domestic threats of terrorism designed to undermine democracy are real, and great constitutional care is always required in drafting laws to expand police powers. We are facing a real threat. Let’s come together and make a good law. “- Bill Scher, Washington Monthly
Better monitoring helps identify potential attackers
“Murder is a crime in all 50 states, and murders of white supremacists often violate federal hate crime laws. However, from a preventive standpoint, these crimes do not provide the FBI with the tools it needs to treat potential white nationalist killers like the Islamist terrorists the investigators studied throughout their careers. – Former Federal Attorney Mary McCord, Washington Post
opponent
A domestic terrorism law would inevitably be abused
“Decades of experience have shown how law enforcement agencies use broad terrorist agencies to target and monitor black and brown people, including protesters. A new domestic terrorism law, even if it was meant to protect color communities, would inevitably be used to harm them. – ACLU attorney Hugh Handeyside at Yahoo News
The government has a lot of freedom to fight extreme right-wing violence, it just chooses against it
“The real scandal here isn’t the lack of a domestic terrorism law. The real scandal is the vacant passport that white law enforcement supremacy has had for all these years. “- Moustafa Bayoumi, the nation
Human rights should not be abandoned wherever it arises in the name of counter-terrorism
“The solution to this American hypocrisy cannot be to fight domestic terror with the same passion and disregard for human rights with which we fight it internationally.” – Alex Pareene, New Republic
Everything the Capitol rioters have done is already illegal
“It is also perfectly clear that a new domestic terrorism law is not required. Killing a police officer, violently storming US Congress, and destroying federal property are already illegal. “- Chip Gibbons, Jacobin
Excessive enforcement will only produce more extremists
“To classify all Trump supporters – or even everyone attending pro-Trump events in Washington, DC on Wednesday – as domestic extremists would also be counterproductive. Such actions will drive some Americans deeper into the webs of the conspiratorial imagination. It will be even more difficult to pull them back from the sidelines. – Emerson T. Brooking, Atlantic
The focus should be on eliminating the societal causes of domestic terrorism
“Invoking ‘terrorism’ only fuels fear and tarnishes our ability to talk about the causes. It’s a conversation stopper, not a conversation starter. “- Diala Shamas and Tarek Z. Ismail, Washington Post
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Photo image: Yahoo News; Photos: Getty Images
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