The Evolution of Domestic Terrorism Programs

Introduction

In 2021, the Democrat-controlled Congress and the Biden administration attempted to establish a new domestic terrorism program. Human rights groups, which had traditionally been concerned about right-wing militia groups, were the first to express their dismay. They argued that the expansion of terrorism-related legal authority would cause further harm to communities already disproportionately impacted by the criminal-legal system.

The Biden Administration’s Approach

At the time, 157 signatories wrote a letter to Congress, expressing their deep concern regarding the proposed expansion of terrorism-related legal authority. Meanwhile, CIA and national security officials urged the government to create new legal authorities to treat Americans like terrorists. The Biden administration developed its first National Strategy to counter "domestic terrorism," which set up new programs to counter perceived extremism in the homeland.

The Trump Administration’s New Approach

Now, as Trump’s second term gets underway, the new right-wing government appears to be using the legal and operational infrastructure set up during the Biden years to target left-wing protesters. Independent journalist Ken Klippenstein has written an article on the Trump administration’s blossoming counterterrorism strategy, which is poised to target Americans who express discontent about the president or his wealthy allies.

The Justice Department’s Pivot

In recent weeks, the Justice Department has pivoted federal law enforcement away from traditional enemies and towards people who vandalize Tesla dealerships. Several people arrested and accused of firebombing cars will likely be charged with "domestic terrorism" charges, according to Attorney General Pam Bondi. Critics of Israel have also become a target for the government’s surveillance.

The Precedent Set by the Previous Administration

The precedent for much of this was set by the previous administration. The Biden administration’s National Strategy to counter "domestic terrorism" was designed with input from America’s national security agencies. However, as Klippenstein points out, the full scale of the program is not publicly known. A recently published Government Accountability Office (GAO) report notes that the classified implementation plan includes additional guidance for classified activities.

The Secret Program

A secret program that spies on Americans and treats them like terrorists is not available for public consumption. The Trump administration is now helming this program, which has very different ideas about who and what poses a danger to the country. The administration is revising the strategy to better suit Trump’s needs, focusing more on Trump’s political opponents and framing petty crimes at protests as terrorism.

The Head of America’s Counterterrorism Strategy

The head of America’s counterterrorism strategy, Sebastian Gorka, is described as an Israel-loving gun nut who is fond of "secret operations" and "special operators." Gorka is tasked with overseeing all of America’s counterterrorism operations, both international and domestic.

Mobilization Indicators

A federal counterterrorism manual published in 2021 lists various so-called "mobilization indicators," which are considered characteristics that could move people to carry out acts of extremist violence. Americans who demonstrate such indicators could find themselves the subject of a suspected terrorism probe, even if they have never committed a crime.

The Government’s Criteria

The government’s criteria for identifying potential terrorists might strike many as creepy, as they include characteristics such as having a heated argument, expressing sympathy for certain groups, or buying military-style tactical equipment. These criteria could be used to target anyone who has been a vocal critic of the current administration or its allies.

Conclusion

In short, the government’s national security state could easily be weaponized against peaceful political protesters. Many people, including the author, saw this coming when the Biden administration began pushing for a new domestic terrorism program. The program offers the government too much power and could be used to disfigure the already mutilated corpus of civil liberties that Americans used to take pride in.