It is time to make domestic terrorism a federal crime
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Heather Heyer. Lieutenant H. Jay Cullen. Trooper Berke Bates.

No discussion of the tragedy in Charlottesville should begin without honoring the families and friends of the three people whose lives were lost in connection with the white supremacist rally. FBI agents mourn the loss of our fellow law enforcement officers, who died trying to protect the public, and Heather Heyer, who was killed standing up to bigotry. They will not be forgotten.

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While the investigation is still ongoing, the events in Charlottesville appear to be another grim reminder of the fact that there are individuals and groups who will use violence and threats of violence to advance their agendas. Whether the targets are churchgoers in Charleston, the Family Research Council in Washington, Somali residents in Kansas, or a Sikh gurdwara in Wisconsin, our country must confront these voices of anger, hatred and violence.

These criminal acts have a name — domestic terrorism. As Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsTrump hits Biden and Obama in defense of his golfing Biden swipes at Trump: 'Presidency is about a lot more than tweeting from your golf cart' Trump says Sessions wasn't 'mentally qualified' to be attorney general MORE stated, the killing of Heather Heyer “does meet the definition of domestic terrorism … that cannot be accepted in America.”  Republicans including Speaker Paul RyanPaul Davis RyanLobbying world John Ratcliffe is the right choice for director of national intelligence — and for America House Democrat calls for halt to lawmakers sleeping in their offices MORE (Wis.), Senate Judiciary Committee Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyGOP faces internal conflicts on fifth coronavirus bill State Department scrutiny threatens Pompeo's political ambitions Senators offer bill to prevent relief payments from being seized by private debt collectors MORE (Iowa), Sens. Ted CruzRafael (Ted) Edward CruzState Department scrutiny threatens Pompeo's political ambitions 125 lawmakers urge Trump administration to support National Guard troops amid pandemic Parties gear up for battle over Texas state House MORE (Texas), Cory GardnerCory Scott GardnerFor safety and economic recovery, Congress must prioritize cannabis banking GOP faces internal conflicts on fifth coronavirus bill Pass the Primary Care Enhancement Act MORE (Colo.), Marco RubioMarco Antonio RubioOverwhelming majority of publicly traded firms have not returned small-business loans: review GOP faces internal conflicts on fifth coronavirus bill COVID-19 makes Trump's work with black Americans that much harder MORE (Fla.) and Tim ScottTimothy (Tim) Eugene ScottJuan Williams: Justice Thomas seizes his moment in the Trump era The Hill's Campaign Report: Biden seeks to tamp down controversy over remarks about black support African American figures slam Biden on 'you ain't black' comments MORE (S.C.), and Rep. Liz Cheney (Wyo.) have all called the crimes in Charlottesville terrorism. The same is true of Democrats such as Sen. Claire McCaskillClaire Conner McCaskillSenate faces protracted floor fight over judges amid pandemic safety concerns Amash on eyeing presidential bid: 'Millions of Americans' want someone other than Trump, Biden Senators poke fun at Warner over tuna melt: 'I think you're doing it wrong' MORE (Mo.), Sen. Ron WydenRonald (Ron) Lee WydenHillicon Valley: Tech companies lead way on WFH forever | States and counties plead for cybersecurity assistance | Trump weighing anti-conservative bias panel House to consider amendment blocking warrantless web browsing surveillance COVID-19 increases importance of implementing reforms to organ donation system MORE (Ore.), and Rep. Hakeem Jeffries (N.Y.).

However, the unfortunate truth is that nobody connected with the events in Charlottesville will be charged with committing acts of domestic terrorism under current federal law.

This is because even though many states and localities have adopted penalties for domestic terrorism — and the U.S. Code defines the phrase “domestic terrorism”— there are currently no penalties attached to that definition and therefore “domestic terrorism” is not a crime in and of itself under federal law.

Current law results in too much uncertainty for law enforcement officials and the public, as it makes federal officials depend on city codes to prosecute domestic terrorists (as was done in the case of the 2012 attack on the Family Research Council), have charges dependent on the type of weapons used (as was done in the case of the “Crusaders” plot in Kansas last October), or pursue only non-terrorism charges (as was done in the case of Dylann Roof). The current legal gap also leads to confusion and frustration when the public expects a criminal to be prosecuted as a domestic terrorist but no such charges are pursued. 

Congress should amend the U.S. Code to make domestic terrorism a crime subject to specific penalties that apply irrespective of the weapon or target involved in the crime. Specifically, this legislation should make it a crime for a person to commit, attempt, or conspire to commit an act of violence intended to intimidate or coerce a civilian population or to influence government policy or conduct.

Treating domestic terrorism as a federal crime would help resolve jurisdictional and legal uncertainties surrounding domestic terrorism by providing clear authorization for the investigation and prosecution of domestic terrorists under federal law. It would also help our country unify around a commonsense fact: Domestic terrorism is not a local or state phenomenon — it is a threat to the people of our country that should be confronted clearly and consistently by the federal government.

Our political system is designed to encourage varied arguments, but it cannot function properly if violence is mixed with politics. When groups or individuals commit violent acts as a part of their agenda, the public deserves to know that their crimes will be investigated and prosecuted under federal law as acts of domestic terrorism and that, if convicted, appropriate sentences will be imposed.

Congress should unite around this common threat to our citizenry and move quickly to attach criminal penalties to the definition of domestic terrorism in the U.S. Code.

O’Connor is president of the FBI Agents Association.