DOJ Establishes Specialized Domestic Terrorism Unit
Leah Millis, Reuters
The Department of Justice (DOJ) has implemented a specialized unit devoted to domestic terrorism, mere days after the nation commemorated the inaugural anniversary of the Capitol insurrection on January 6, 2021. As evidenced by the emergence of a new unit, domestic violent extremism has gained attention within the federal government after years of international terrorism being at the forefront of investigations.
As part of his prepared remarks before the Senate Judiciary Committee, Assistant Attorney General (AAG) for National Security Matthew G. Olsen announced the creation of the unit. AAG Olsen indicated that the number of Federal Bureau of Investigation (FBI) cases of suspected domestic violent extremists has more than doubled since early 2020.
“We have seen a growing threat from those who are motivated by racial animus, as well as those who ascribe to extremist anti-government and anti-authority ideologies,” AAG Olsen testified, “This group of dedicated attorneys will focus on the domestic terrorism threat, helping to ensure that these cases are handled properly and effectively coordinated across the Department of Justice and across the country.”
The DOJ previously had lawyers handling both domestic and international counterterrorism cases, Olsen said. To ensure federal prosecutors and law enforcement properly and effectively handle domestic terrorism cases across the country, the department made the decision to create a domestic terrorism specialized unit. Attorney General Merrick Garland noted during a hearing in 2021 that combatting domestic terrorism has been an important objective of the Department of Justice since its founding more than 150 years ago, when it pursued the Ku Klux Klan to protect Black Americans' rights.
“When a mob of armed rioters use force in an attempt to overthrow the United States government, that is domestic terrorism,” Senator Mazie Hirono (D-HI) questioned Olsen, “My understanding is prosecutors have not been pushing for the sentencing enhancements available for acts of domestic terrorism.”
The U.S. Criminal Code defines domestic terrorism encompasses a crime committed within the U.S. that appears designed to intimidate or coerce civilians to influence government policies, or to affect government actions through mass destruction, assassination, or kidnapping.
Historically, domestic terrorism investigations have posed more procedural and legal challenges than investigations involving suspects inspired by known international terrorist organizations. Investigators make the decision to file gun or drug charges (often in state, rather than federal court) which can obscure the overall extent of the extremist threat. In contrast, someone eager to commit violence for political ends in the U.S. is not legally equivalent to an individual who provides a foreign terrorist organization material support.
Jill Sanborn, Executive Assistant Director (EAD) of the FBI's National Security Branch, warned lawmakers that domestic extremists present an enduring threat, with white supremacists and anti-government militias posing the greatest danger.
"Racially or ethnically motivated violent extremists are most likely to conduct mass casualty attacks against civilians, and militia violent extremists typically target law enforcement and government personnel and facilities," EAD Sanborn stated.
Between 2016 and 2019, the number of criminal suspects arrested for domestic terrorism fell from 229 to 107. As of 2020, there are more open investigations than ever before.
White House officials announced a national strategy to combat domestic terrorism last year, which included increased spending for the Justice Department and the FBI to hire analysts, investigators, and prosecutors. According to Christopher A. Wray, the FBI tripled the number of agents and analysts working on domestic terrorism cases to deal with the caseload.