PerspectiveProposed Bills Would Help Combat Domestic Terrorism

Published 21 August 2019

“Left of boom” is a phrase frequently used by FBI agents to describe the FBI’s post-9/11 strategy to detect, disrupt and dismantle terrorist threats before acts of violence occur. Imagine a timeline where “boom” represents the moment the bomb goes off or an attack occurs: “Left of boom” means sometime before that moment. In the international terrorism arena, the U.S. has federal statutes that permit intervention left of boom, such as terrorism transcending national boundaries, providing material support to a foreign terrorist organization and attempt and conspiracy provisions for each. These statutes permit investigators to identify criminal behavior earlier in the timeline, and intercept subjects before their plans reach completion. No such laws exist for domestic terrorism.

Following recent attacks in Gilroy, Calif.; El Paso, Texas; and Dayton, Ohio, we have seen a renewed call for domestic terrorism laws to give federal law enforcement the same types of tools that are available to combat violent acts committed by international terrorists. Proposed bills in the U.S. House of Representatives and Senate will help the FBI confront domestic terrorism on the terms it favors—left of boom.

Barbara McQuade writes in Lawfare that  “left of boom” is a phrase she frequently heard from FBI agents when she worked as a federal prosecutor in national security cases. The words describe the FBI’s post-9/11 strategy to detect, disrupt and dismantle terrorist threats before acts of violence occur. Imagine a timeline where “boom” represents the moment the bomb goes off or an attack occurs: “Left of boom” means sometime before that moment.

In the international terrorism arena, the U.S. has federal statutes that permit intervention left of boom, such as terrorism transcending national boundaries, providing material support to a foreign terrorist organization and attempt and conspiracy provisions for each. These statutes permit investigators to identify criminal behavior earlier in the timeline, and intercept subjects before their plans reach completion. No such laws exist for domestic terrorism.

Republian Sen. Martha McSally of Arizona and Democratic Rep. Adam Schiff of California have introduced bills that would provide federal law enforcement with similar tools to combat domestic terrorism. The bills mirror a proposal advocated by former acting U.S. Assistant Attorney General for National Security Mary B. McCord and former State Department counterterrorism official Jason M. Blazakis.