Was the Jan 6th Insurrection, an act of Domestic Terrorism? Why have there been zero charges for “Domestic Terrorism”

In terms of the causal vernacular YES, you could say; “the Jan 6th insurrection was an act of domestic terrorism” -note “act of” and Terrorism versus Terrorist” these distinctions matter

What is Domestic Terrorism?

The rationale is kind of complicated - I will make every effort to distill (the legalese) of this incredibly complex issue down to simple data-points. With the expectation that facts will cross streams and hopefully provide you with source documents and a K.I.S.S. explanation.

1st fact- the Code of Federal Regulations defines “terrorism” as including “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.”

2nd fact - 18 U.S.C. § 2331(5)¹ offers a narrow definition of Domestic Terrorism, however you need to know §2331(5) is a derivative of Section 802 of the USA-PATRIOT Act, Public Law 107-56²

• (5) the term ‘‘domestic terrorism’’ means activities that— (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

  • (B) appear to be intended— (i) to intimidate or coerce a civilian population; (ii) to 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; and

    • (C) occur primarily within the territorial jurisdiction of the United States.

To be fair - as of the 117th Congress there is no actual federal statute34that explicitly allows for charging criminal acts as “domestic terrorism” - yes I know that sounds antiquated but I can tell you that the issue of Domestic Terrorism is now considered the top threat to our collective National Security. The other underlying issue is under the (fubar) Trump Administration, he is the one who “defunded” the police. We use to have a Domestic Terrorism unit in the DHS (Gorky’s wife ran that into the ground), and that was one of the very first things the previous administration did.

Below is an abbreviated list of the 116th and 117th Congress proposed bills to finally codify Domestic Terrorism - 116TH CONGRESS 1ST SESSION

• S. 894 Domestic Terrorism Prevention Act (DPTA of 2019, text/pdf found here

• H.R.1931 - Domestic Terrorism Prevention Act of 2019 found here

•  H.R.5602 - Domestic Terrorism Prevention Act of 2020, text/pdf found here

• House Report # 116-526 - DOMESTIC TERRORISM PREVENTION ACT OF 2020 (the House Res was kicked to the House Judiciary Committee, who then published the aforementioned report)

During the 116th Congress - the house passed the DTPA via a two-thirds voice. Keep in mind the bill was originally sent back to the House Judiciary was after the House Res passed out of the House Judiciary Committee 24-2. Then DTPA was brought to the Senate floor by Senator Durbin. And guess who blocked this bipartisan bill? only to be blocked by Senator Ron”Misinformation” Johnson <—assoholic-von-Pedo-Sympathizer

Again you can disagree on opinions but it becomes challenging to disagree on facts. I will keep saying this until it finally sinks in- as of February 2021 there is no such “chargeable crime” as it relates to Domestic Terrorism. I have tweeted about the National Defense Authorization Act (NDAA) -oddly you can still find remnants of my past Twitter threads regarding FY2021 NDAA here, quasi archived here - separately I’ve tweeted about Domestic Terrorism, found here archived here

Why might you ask am I bringing up the FY2021 NDAA? Well this fractured Twitter thread of mine (archived here) explicitly discussed what the overlooked section of the NDAA required, as it relates to DHS and the FBI. I get it - you don’t have to take my word for it - would a November 2020 FBI memo be a reliable factual document? To be clear the NDAA only directed the FBI and DHS to define the terminology.

But here’s the underlying problem, Domestic Terrorism and balancing what we Americans truly hold dear “our constitutional civil rights” is like dancing on a knife’s edge - one small misstep and you’ll get cut. I think people would have lost their ever loving minds if (hypothetically speaking) the FBI, DHS, NSA, DIA, DNI were surveilling Americans on American soil in advance of the January insurrection.
Although my assumption is some of the White Supremacy and Anti-Government groups were being actively monitored but I would guarantee you that “monitoring” was judicially authorized. Meaning Law Enforcement had to prove to a Court there was “probable cause” Lastly I would urge caution in believing the (predictable) narrative that opponents of the codification of Domestic Terror laws will soon start aggressive messaging: “Big brother is real and they are spying on all of us, sans our knowledge and authorization” this is a known pivot that some civil rights groups use.³ I genuinely think we are in for an epic battle Royale of Congress, Civil Rights Advocacy Groups and

Post January 6th Insurrection- 117th Congress

On January 19, 2021 Rep. Brad Schneider (IL-10) - lead bipartisan group of House members - announced the introduction of the Domestic Terrorism Prevention Act (DTPA) of 2021, H.R. 350. A Senate companion bill is led by Sen. Dick Durbin (D-IL) - the devil is always in the details - for example Section 3:

DOMESTIC TERRORISM UNIT

authorized a Domestic Terrorism Unit in the Office of Intelligence and Analysis of the Department of Homeland Security, which shall be responsible for monitoring and analyzing domestic terrorism activity.

What do you do when the actual (former) President of the United States is the one radicalizing fellow a,m Domestic Terrorist?

On January 27, 2021 DHS issued a very stark alert Issued:  January 27, 2021 11:00 am Expires:  April 30, 2021 01:00 pm - given the recent disclosure of acting US Ca0iy

“The Acting Secretary of Homeland Security has issued a National Terrorism Advisory System (NTAS) Bulletin due to a heightened threat environment across the United States, which DHS believes will persist in the weeks following the successful Presidential Inauguration.

 Information suggests that some ideologically-motivated violent extremists with objections to the exercise of governmental authority and the presidential transition, as well as other perceived grievances fueled by false narratives, could continue to mobilize to incite or commit violence…”

No wonder Johnson blocked the bipartisan DPTA last year. He is a loathsome QAnon-Lunatic conspiracy peddling disgrace . Speaking of which are we ever going to talk about Ron Johnson’s pedophilia -sympathetic tendencies?

-cough archdiocese of Green Bay -cough Wisconsin victims of predatory priest

New Day @NewDay

Sen. Ron Johnson peddled conspiracy theories at the Senate hearing on the Capitol riots. @JohnAvlon: "This is pathetic ... we have come to expect no less from Johnson, who seems to reach for partisan conspiracy theories when confronted with uncomfortable facts." #RealityCheck

In closing you might disagree with me (and that’s okay) using terms like “the rioters” or “the mob” or “Trump supporters” - this unintentionally minimizes the gravity of what we all saw. We watched thousands of radicalized Americans carry out one of the most repugnant Domestic Terror attacks. What these “Americans ” are is Domestic Terrorist. Period. Full Stop.

-Filey

1. United States Government Printing Office, last visited February 25, 2021, CHAPTER 113B—TERRORISM - §2331(5)

2. GPO, last visited on February 25, 2021 - UNITING AND STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORIST

3. While somewhat outdated - the DOJ published this “myths” about the patriot act, last visited February 24, 2021 https://www.justice.gov/archive/ll/subs/u_myths.htm