Perspective“Domestic Terrorism” Bills Create More Problems Than They Solve

A mass shooting by a white supremacist in El Paso that killed 22 people has renewed calls to enlarge the government’s powers to prosecute “domestic terrorism.” Two similar bills introduced by Sen. Martha McSally (R – AZ) and Rep. Adam Schiff (D – CA) would allow federal prosecutors to charge a “domestic terrorism” offense for murders, assaults and property crimes carried out with the intent to intimidate or coerce civilian populations or influence government policy. It would also criminalize providing support – such as money, transportation, equipment, or training – to these crimes.

Harsha Panduranga and Faiza Patel write in Just Security that while these proposals may be well-intentioned, they are likely to be ineffective because they misdiagnose the underlying problem. There is no lack of legal authority to investigate or prosecute perpetrators, but rather a lack of will and focus to do so. Moreover, these proposals would dangerously expand the definition of “terrorism” to include crimes that involve property destruction and threats, which could, especially in the current enforcement climate, harm political protests and advocacy protected by the First Amendment.

Proponents of these proposals, many of whom are former law enforcement officials, make two main arguments: that a new domestic terrorism statute would allow the Federal Bureau of Investigation (FBI) to catch perpetrators before they are able to carry out an attack, and that formal charges of “domestic terrorism” would demonstrate that the government treats white supremacists with the same seriousness that it treats those associated with ISIS or other groups overseas. Neither is convincing.