by Rise to Peace

Prosecuting “Domestic Terrorism” in the United States

El-Paso Memorial for the victims of the mass shooting that took place on 3 August 2019. Image Credit: Paul Ratje of Agence France-Presse (Getty Images)

Infamously coined ‘lone-wolf’ attacks or acts of violence, the United States has tragically experienced 2 separate mass shooting occurrences this month that claimed the lives of many innocents. The shooting in El-Paso, Texas, carried out by 21-year-old Patrick Wood Crusius, is being treated by United States Federal Prosecutors as “domestic terrorism”. Federal officials, however, have been hesitant to use the term “domestic terrorism” for the reason that although the term is defined in United States law; there exists no actual criminal penalty attached to what would be treated an act or incident of “domestic” or “home-grown” terrorism.

Given this paradox between definition and applicable legal criminal responsibility, how, then, can a mass shooting or any attack conducted by an individual such as Crusius be brought to justice as ‘domestic terrorism’? This article will examine the intricacies of “domestic terrorism” and the stipulation for precise criminal penalties tied to such an act of violence.

Domestic Terrorism as Understood in the Patriot Act and the Federal Bureau of Investigation

Section 802 of the United States of America Patriot Act addresses domestic terrorism. It has been common to mistake Section 802 as a section that concretely defines ‘domestic terrorism’ as a criminal offence on its own. However, Section 802 is not to be interpreted in this way. Section 802 supplements the existing definition of terrorism in the Patriot Act, largely created to expand investigative powers onto an individual (or individuals) should they be suspected of engaging in domestic terrorism. Moreover, the Federal Bureau of Investigation (FBI) recognises “domestic terrorism” as an act (or acts) “perpetrated by individuals and/or groups inspired by or associated with primarily U.S.-based movements that espouse extremist ideologies of a political, religious, social, racial, or environmental nature,”.

This brings us to the way in which domestic terrorism has been worded. An individual is recognised as ‘engaging’ in domestic terrorism if they commit an act that “could result in death”, and is in violation of the criminal laws of a state or the United States of America, or if the act appears to be intended to:  (i) intimidate or coerce a civilian population; (ii) influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination or kidnapping.

The legal scope of Section 802 regarding “domestic terrorism” is therefore limited to an act (or acts) that meet the following criteria: (1) violates federal or state criminal law and (2) is dangerous to human life. Consequently, it becomes evident that Section 802 “opens” an act of domestic terrorism to a broad interpretation when proceeding with criminal responsibility and prosecution.

Justice for the El Paso Victims, and the “Future” of “Domestic Terrorist” Acts

John Bash, the United States Attorney for the Western District of Texas, stated that Crusius’ act of violence will be treated as a “domestic terrorist case.” With consideration to the aforementioned, Crusius cannot be literally charged as a “domestic terrorist”. Therefore, in terms of actual criminal penalty and prosecution, Crusius’ horrific act will be charged as a capital murder. In the state of Texas, Crusius may face up to 99 years in prison or even the death penalty, if found guilty.

Horrific mass shootings such as Crusius’ are not a new threat or occurrence in the United States. It has been reported that individual ‘lone-wolves’ have similar backgrounds in terms of personality attributes, isolation from society, profound interests in select extremist groups, to name a few. As examined, prosecuting such an act specifically as a crime of “domestic terrorism” is currently not possible under United States law. The justice system must therefore rely on state laws pertaining to murder and other acts of violence, such as the charge for capital murder, in order to bring the perpetrators to justice.

Given the increasing prevalence of such mass shootings, it may be soon necessary for “domestic terrorism” to become codified in United States law as a criminal act of its own. However, the legal process of having “domestic terrorism” officially codified may pose issues. The debate regarding a mutually agreeable definition and criteria for what constitutes an act of domestic terrorism, or an individual who will be recognized as a domestic terrorist, will be subject to a broad lens.

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 by Mathew Tyris

Using Encrypted Messaging for Terror Propaganda

In March, ISIL lost its last physical stronghold in Baghouz, Syria when United States-backed Syrian Democratic Forces overtook the territory. Although ISIL had tangible territory, terrorism is not typically bound by such lines. An examination of how encrypted messaging services, such as Telegram, spread propaganda beyond borders and jurisdictions is required. It is important to comprehend how terror groups and related media sympathizers use such services to influence and recruit.

In a recent case, an ISIL sympathy group, Ash-Shaff, posted propaganda posters on Telegram encouraging attacks in San Francisco, New York City, and London. The posters show images of Big Ben and Parliament on fire, an ISIL fighter running through New York City with an ISIL flag, and a sucidide bomber with a bomb in his backpack. These posters directly target ISIL sympathizers and loan wolves to act. They exhibit messages in English that call for terrorist acts that typically result in a high number of casualties of those deemed kuffar, the expanse of the ISIL network, and targeted countries considered crusaders. Crusaders refers to ISIL adversaries France, Russia, United Kingdom and the United States. The term kuffar is similar to the term infidel.

Ash-Shaff is an ISIL sympathy group either based out of Indonesia or ran by Indonesian citizens. Ash-Shaff creates and shares media to instigate lone-wolf attacks and spread propaganda. They manufactured other pieces of propaganda in January 2019, May 2019, and in July 2019, which were also shared on platforms such as Telegram. All these posters have similar themes, calling out for violence against enemies and trying to incite sympathizers to carry them out. Ash-Shaff is particularly dangerous because sharing content on platforms such as Telegram provide individuals in these channels with the ability to share propaganda on major social media sites.

Ash-Shaff is one of many ISIL supporter media groups. Other major actors include Quraysh Media, Muntasir Media Foundation and Hamlat Fadh Al-Mukhabarat. The list of groups is extensive, but they all serve the same purpose, to share ISIL propaganda. They facilitate communication within ISIL chat rooms on Telegram channels and inspire actions. For instance, during the Sri Lanka bombings, all of the aforementioned groups shared similar propaganda posters and messages on their channels celebrating the attack. What stands out is that a supporter or sympathizer of terrorism does not need to be apart of all these groups to hear the message. Just one is suffice.

Telegram is the top choice to spread terrorist ideas. It is preferred because its messages are fully encrypted and can even self destruct. The company is aware of its appeal to terrorist groups. They have in fact banned ISIL channels from becoming public, but they can remain private. ISIL remains able to use Telegrams private message services to coordinate attacks, plan social media campaigns, and recruit.

One case is telling. In 2017, a woman was arrested in Bandung, Indonesia after she was radicalized in about four months after receiving instructions from over 60 chat rooms on Telegram. It is argued that a radicalized person is ready to perform a terrorist attack in less than a year. An individual who joins five chatrooms can receive up to 500 pieces of propaganda and instruction daily. Telegram chat rooms can host up to 5,000 users.

It is difficult to put a policy solution on encryption services. A solution that has been implemented by Russia and Iran was to ban Telegram altogether. This is not ideal for many countries, but it is effective.

Currently, there are few regulations when it comes to private messaging services. The encryption messaging industry needs to come together and discuss legal and safe parameters. Like the Christchurch Call to Action, main players in encryption services need to develop a platform to combat terrorism. The issue can not be solved by blocking a service, because there is always another one.

The only other solution is that chat rooms exceeding 1,000 users should be charged monetarily. At this level of communication messages are not used for intimate conversations or privacy. Information with such a reach is part of an agenda and meant to spread ideas and information to like minded individuals.

Telegram and other free encrypted messaging platforms are the basis of terrorist communications. They allow for groups to plan social media campaigns, provide instructions for attacks, receive donations and recruit. It is easy to suggest that groups spreading terrorist ideas should be banned from using these services, but it is what needs to be done.

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 by Kyle Myatt

Extremism Assessment Series: Ku Klux Klan

Image: Blood Drop Cross of the Ku Klux Klan. Common symbol found in public sources.

  • Founded in 1865, the Ku Klux Klan is America’s original hate group.
  • Targets for violence and bigotry include: African-Americans, Jews, Catholics, LGBTQ+, immigrants, and Muslims.
  • No longer one unified organization, the movement is divided into factions and affiliated groups scattered across the United States.
  • The Ku Klux Klan movement witnessed significant decline in recent years due to pressures from far-right movements gaining traction in the United States.

                                                                         Summary of Extremist Narrative

The Ku Klux Klan is America’s original hate group. Commonly referred to as “the Klan”, “KKK”, or the “invisible empire”, the hate group’s ideology involves the promotion of white supremacy and belief in white solidarity. Principally, African-Americans have been the main target of the group, however, others targets for violence and bigotry include: Jews, Catholics, LGBTQ+, immigrants, and more recently, Muslim Americans. The use of violence, intimidation, and hate speech, is widespread among members to silence any opposition to its narrative.

History of the group

The Ku Klux Klan was born during the period of Reconstruction in the South. Originally, the group was founded as a “social club” by six former Confederate army veterans from Pulaski, Tennessee in 1865. However, as the political climate shifted in support of newly freed black slaves, the former “social club” began to embrace terror and extremism in response to the changes. Exploiting fear, and utilizing brutal violence, the original Klan terrorized newly freed black slaves throughout the South, along with whites who opposed them. Outlandish costumes, extrajudicial killings, and cross burnings, all became synonymous with the Ku Klux Klan during this time, thus heightening its reputation. The once small group grew into a movement, stretching nation-wide, gaining considerable political and public support.

In 1871, the federal government enacted the Ku Klux Klan Act, which: “was designed to eliminate extralegal violence and protect the civil and political rights of four million freed slaves”. The movement witnessed significant decline due to this legislation as political and public support faded. The Ku Klux Klan saw a resurgence in popularity in the mid-1920s, and again in the 1960s, this time in response to the civil rights movement. Today, the Ku Klux Klan exists in limited scope and size. No longer one single unified organization, based around a rigid structure or hierarchy; it is now split largely between four main warring factions scattered throughout the United States, with numerous affiliated groups.

Current state of the Ku Klux Klan

Today’s Ku Klux Klan movement lacks unity, structure, cohesion, or purpose. After years of infighting, government interference, waning public/political support, and competition with other white supremist movements, the once powerful organization is now divided and weakened. The four main factions of the movement include: the Brotherhood of Klans (BOK); the Church of the National Knights of the Ku Klux Klan (National Knights); Imperial Klans of America (IKA); and Knights of the Ku Klux Klan (KKKK). Numerous Klan-affiliated groups exist outside of the four main factions; all with varying names and ideological influences.

The Ku Klux Klan remains in a state of decline as competition with other white supremist/far-right groups have intensified. Most find the ideology of the Klan outdated, and less appealing; compared to more organized and militant neo-Nazi affiliated groups operating in the United States. Some Klan groups have adopted neo-Nazi beliefs and ideas, attempting to regain relevancy and supporters. Desperation has led others to form partnerships with neo-Nazi affiliates as seen with the “Black and Silver Solution” in 2015. Increasingly more joint events are occurring between Klan and neo-Nazi affiliated groups, providing further confirmation of the Ku Klux Klan’s inability to garner attention on its own.

Ku Klux Klan affiliated groups are predominately involved with hate rhetoric and disorganized violence. Because of the fractious nature of Klan groups today, manpower and financial support are limited. Groups are relegated to low cost options for spreading their hate rhetoric, such as through leafleting campaigns. Following the mass shooting at a historic black church in Charleston, South Carolina in 2015, Klan groups left bags of candy throughout neighborhoods across the South. Messages that praised the attack were attached, exploiting the atrocious act committed by Dylann Roof. Typically, leafleting by Klan groups is used to target African-Americans, Muslims, immigrants, and LGBTQ+ people.

Instances of disorganized violence by current or former Klan members highlight the movement’s continued state of decline. No longer able to mount significant organized attacks like the Birmingham church bombing in 1963, the current model for violence by Klan members tends to be sporadic and disorganized. There often exists a criminal element to the violence separate from Klan related activities, as many current or former members have criminal histories. As shown with the case of Frazier Glenn Cross Jr., who in 2014 went on a murder spree killing three Jewish people in Kansas, instances of disorganized violence inspired by the Ku Klux Klan’s ideology is a significant threat.

Where is the Ku Klux Klan operating?

Ku Klux Klan affiliated groups operate across the United States and beyond. The Counter Extremist Project estimates there are “around 160 known active chapters across 41 states”, with most located throughout the South. The hateful ideology of the Ku Klux Klan is not limited to the United States, we see the movement spreading to countries like Germany as well. In Europe, far-right extremism is on the rise and spreading at an alarming rate. The Ku Klux Klan’s hate filled ideology is easily incorporated into the European far-right narrative.

What are their primary recruitment methods?

The Ku Klux Klan movement relies largely on web-based media, leafleting campaigns, and public rallies, for recruitment of new members. Klan groups will often exploit mass shootings and other attacks committed by far-right actors for recruitment initiatives. Because of the increasing pressure from other white supremist/far-right groups, Klan recruiting is limited.

Pastor Thomas Robb, leader of the Knights of the Ku Klux Klan (KKKK), hosts a show on his website to attract potential recruits called, “This Is The Klan”. In the past he hosted a YouTube based program called “The Andrew Show”, with the channel name “ShowForWhiteKids”. These efforts are meant to showcase the movement’s technological side, appearing more up to date like other extremist movements.

Leafleting campaigns are used frequently for recruitment as well. Klan groups routinely distribute pamphlets and literature encouraging membership throughout the United States. New recruitment initiatives such as the “National Knight Ride”, incorporate candy with literature, to soften the movement’s image thus attracting more followers. Other leafleting campaigns mimic military style recruitment with catch phrases like “The KKK Wants You!”.

Lastly, public rallies are used to draw supporters in. This method has become somewhat outdated as recent rallies failed to deliver large scale Klan support or public attendance. A recent rally held in May 2019 in Dayton, Ohio drew approximately nine supporters with over 600 counter-protestors in attendance. This ratio of protestor versus counter-protestor is indicative of the Ku Klux Klan movement’s perpetual state of decline throughout the United States.

The Extremism Assessment Series is an initiative of Rise to Peace’s Domestic Counter Terrorism Program. It seeks to provide short educational pieces highlighting groups or social movements linked to extremist ideologies and/or tactics. Check back for new additions to the series.

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 by Ahmad Shah Mohibi

Suicide blast kills 18 and injures 145 as Taliban continue talks with U.S.

The Suicide blast kills 18 and injures 145 as the Taliban continue talks with the U.S. in Doha, Qatar. Taliban claimed responsibility for the car bomb explosion that targeted a police headquarters in district 6 of Kabul on Wednesday morning.

 

 

 

 

 

 

 

Ahmad Mohibi, a writer and is the founder of Rise to Peace. Follow him on Twitter at @ahmadsmohibi.

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 by John Wilson

13 Hours of Extremism: Domestic Terrorism Across the Political Spectrum Highlights Domestic Extremism Concerns

The two perpetrators of the Dayton, Ohio and El Paso mass shootings. (L) Connor Betts (R) Patrick Crusius. Image Source: Eurweb

Between August 3-4 2019, America was horrified by multiple mass killings across the nation. Dozens were left dead and even more injured. At least one of the events is being actively treated as an act of domestic terrorism, while the other appears to be linked to extremism. Below is a summary of the events, a summary of what is known about the perpetrators, and a summary of potential links between the attacks and societal repercussions of the horrific events.

The following summaries of the incidents and individuals are based on statements made by witnesses and relevant officials.

3 August 2019

Patrick Crusius, age 21, drove upwards of ten hours from his home to a Walmart in El Paso, Texas. Crusius exited his vehicle and entered the store where he sought to identify his potential targets based on the desire to kill and hurt as many people of Hispanic descent as possible. At the time of Crusius’ pre-attack surveillance, officials stated that there were between 1,000 and 3,000 people inside the Walmart. Crusius exited the store after satisfaction with the potential number of Hispanic victims inside. Just prior to the attack, a manifesto was circulated on digital extremist forums that highlighted anti-immigrant and racist conspiracy theories. The manifesto is posted under a pseudonym, however, it has largely been linked to Crusius. Crusius then prepared for the attack in or around his vehicle in the parking lot before commencing his plan. He was taken into custody near the scene. Twenty-two people have died thus far with dozens more injured.

4 August 2019

Connor Betts, age 24, appeared to have been active on social media on 3 August 2019. Earlier in the day, on the Twitter account associated with Betts, there was a retweet that called for Joe Biden to “Hurry up and Die”. In the wake of the news breaking about the attack in El Paso, the Twitter account “liked” several tweets that pertained to the attack. On the morning of 4 August 2019, Betts approached a popular bar in Dayton, Ohio, and began to open fire with a rifle. Law Enforcement was quick to respond, killing Betts on scene, but only after Betts managed to kill at least 9 people and injure dozens more. As of this writing, no manifesto or any communication of intent of the attack has been discovered. Prior to Betts’ Twitter account being taken down, it was discovered that Betts often commented support for various left-wing movements, stating his support for Senator Elizabeth Warren and Senator Bernie Sanders. There was at least one retweet in favor of an account linked to the far-left ANTIFA extremist group.

What Do We Know About the Perpetrators?

 Patrick Crusius

Few people from Crusius’ personal life have come forward since the attack, therefore less is known about him. However, Crusius appears willing to speak with law enforcement following his arrest, and the manifesto that has been linked to him is telling. Crusius admitted to law enforcement officials that he purposefully targeted Hispanics in his attack. In the manifesto, a sociological/political theory known as “The Great Replacement Theory” is discussed, which is essentially an anti-immigrant ideology that calls for the separation of races. It has been linked to white supremacist attacks internationally and has at least a marginal following amongst white supremacist groups worldwide. Accounts have been discovered on extremist forums that are believed to belong to Crusius. A LinkedIn account believed to have belonged to Crusius shows that he had been unemployed for at least the last five months. The account, which has been taken down, stated that Crusius was largely uninterested in a career but was interested in computer software, as he stated that he spent most of his days on a computer anyway. It was not immediately clear if Crusius had any education after high school, and his economic and social life was not apparent.

Connor Betts

Multiple people have come forward who reportedly knew Betts, most painting an image of a dangerous individual. It has been reported that Betts had been suspended from high school at least once in reference to possession (and believed production) of a “hit list” and “rape list”. Betts was a musician and had at least some college education. He was a self-described “leftist” and “atheist”, but was described by peers as a loner and outcast. Multiple sources have reported that Betts had an obsession with mass shootings for some years. A female has come out and stated that she was dating Betts, but had broken up with him in May of 2019 over his concerning behavior. It is not clear if Betts was working at this time and his economic situation is unclear.

Potential Link Between the Attacks in El Paso and Dayton

As was mentioned earlier, a Twitter account linked to Betts ‘liked’ several tweets in regard to the El Paso attack, just hours before launching his own attack in Dayton. The attack in El Paso was rumored to be inspired by white supremacist ideology relatively quickly after the news broke and was subsequently confirmed as more information came out throughout the night. It is possible that Betts was inspired to launch an attack in furtherance of far-left extremism in response to the far-right attack in El Paso. That being said, it is unclear whether the attack in Dayton was pre-planned. As had been reported, Betts was obsessed with mass shootings for some time, however, his online links to the far-left cannot be ignored. His apparent following of the events in El Paso potentially link the two attacks as a form of tit-for-tat extremism between individuals on opposite sides of the political spectrum.

Online Extremism: A Domestic Issue

 Both Crusius and Betts were active, at least in part, in online communications with extremist accounts or forums. Crusius has been linked to the publication of the Manifesto as discussed above and has been connected to profiles in extremist forums on websites such as “8chan”. Betts’ link to online extremism has been less clearly defined, but on at least one occasion he was connected to an ANTIFA account and shared a message in furtherance of the group.

While it is too early in the investigation to begin making definitive judgements about the level of influence such digital extremism had on either Crusius and Betts, it is clear that there is a connection between their actions and the extremist rhetoric that they consumed.

Preliminary Recommendations

 It is too early for exact political and/or policy recommendations to be relevant. Both investigations remain active. However, as the attacks appear to be linked to the far end of both sides of the linear political spectrum, adding more rhetoric in an attempt to further politicize the event may serve to further radicalize individuals with like-minded ideas. People of influence on either side of the political spectrum should consider this when crafting their messaging to avoid further influence for extremism.

Digital extremism communications represent a real challenge for policymakers. Preventing the free exchange of ideas is fundamentally against the ideals of the United States, however, as events such as the ones discussed above demonstrate the potential dangers associated with the ideal. It is recommended, that any ‘red flag’ laws that are implemented should expressly allow for the admittance of online forum discussions in consideration of individual cases. Domestic law enforcement agencies must also develop capabilities for monitoring such forums that are linked to extremist ideologies. Intelligence-led policing must be brought to the forefront of the discussion as the leading chance for preventing domestic terrorism events.

John Patrick Wilson is the Director of the Domestic Counter-Terrorism Program at Rise to Peace with experience in law enforcement, political research, and counter-violent extremism research. 

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