Tag Archives: Domestic Terrorism

Terrorism and Counterterrorism, The Constitution, Vol. 13 No. 2

An Army Turned Inward: Reforming the Insurrection Act to Guard Against Abuse

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Elizabeth Goitein and Joseph Nunn argue that the Insurrection Act is one of the most powerful and wide-ranging authorities available to the President of the United States. The Act authorizes the president to deploy US armed forces and the militia to suppress insurrections, quell civil unrest and domestic violence, and otherwise enforce the law in the face of obstruction. However, despite the wide-reaching powers it grants, the criteria set forth in the Act for its utilization does little in the way of imposing any meaningful constraints.

Compounding the problem is the fact that neither Congress nor the courts share any responsibility for the invocation of the Act—Congress has neither oversight nor approval, and courts have proved reluctant to question the president’s judgment on the deployment of troops in domestic emergencies. The Act therefore functions outside of the fundamental system of checks and balances, increasing the danger that the Act will be invoked without sufficient grounds.

While previous invocations of the Act protected marginalized communities, recent events—particularly the Jan. 6, 2021, attack on the US Capitol—have raised concerns about under what circumstances the Insurrection Act may be invoked, and against whom. The authors trace the history of the Insurrection Act from the early days of the country to the present, analyzing its strengths and weaknesses, and particularly highlighting its potential for abuse. They also detail a proposal for reforming the Insurrection Act, modifying it in a way that would better comply with American democratic ideals.

An Army Turned Inward: Reforming the Insurrection Act to Guard Against Abuse

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Online Supplement, Refugees and Immigration, Terrorism and Counterterrorism

Turning US Vetting Capabilities and International Information-Sharing to Counter Foreign White Supremacist Terror Threats

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By Terence Check

In June 2021, the Biden Administration released the United States’ first ever National Strategy for Countering Domestic Terrorism. While nominally directed at all domestic terror threats, which include anarchist attacks and acts of violence against Asian-Americans regardless of the race of the perpetrator, the Strategy makes clear that the greatest domestic violent extremist (DVE) threat comes from White racially motivated violent extremists (RMVEs) who believe in the superiority of the White race. The emphasis on White RMVEs permeates the Strategy, and rightly so. The Intelligence Community’s (IC) 2021 assessment of the threat of domestic violent extremism made clear that—while domestic terrorism runs across the political spectrum and can be found in any demographic group—White militia extremists and RMVEs pose the most serious threat.

White RMVEs in the United States have an attribute that makes this threat different: they share ideological links to other like-minded White RMVEs in other countries. In the words of the IC, “US RMVEs who promote the superiority of the white race are the DVE actors with the most persistent and concerning transnational connections.” After all, many White supremacist and White nationalist ideologies leverage and use iconography from foreign past and present White nationalist groups. The IC assessed that US-based White RMVEs influence (and are in turn influenced by) other foreign extremists motivated by their belief in the superiority of the White race. The IC Assessment made an even more concerning observation: not only do foreign and domestic White extremists collaborate on the internet and social media, but “a small number of US RMVEs have traveled abroad to network with like-minded individuals.”

It is possible that foreign RMVEs may also travel to the US and to other foreign countries for similar purposes. With the growing rise of violent White nationalist movements and the propensity of lone actors affiliated with such ideologies to commit attacks in other Western democracies abroad, the federal government should consider how existing traveler screening tools can address the transnational movements of foreign White RMVE actors as an important part of the new Strategy. This article examines how these existing tools can address this resurgent threat.

The current Strategy rightly focuses on the need to share information and to focus on transnational dimensions of white RMVE terrorism movements. Strategic Goal 1.2 calls for broader and enhanced information-sharing within the federal government and with other “external partners.” The text of this Strategic Goal, however, focuses primarily on other governments within the United States, wisely looking to facilitate information-sharing and the distribution of intelligence products with state, local, tribal, and territorial governments. This Strategic Goal, however, remains silent on the question of international information-sharing with allied foreign governments to address the international movement of foreign RMVE terrorists. Strategic Goal 1.3 does focus on the international dimensions of the domestic terror threat, but limits said focus to countering malign influence and dissemination, designating foreign terrorist organizations, and constraining the financial activities of terrorist groups.

There is no mention of the traveling foreign terrorist fighter phenomenon, as hinted at in the IC Assessment, and thus no description of the importance that curtailing such travel would have to furthering the goals of the Strategy. This is an oversight. Luckily, however, the US can call upon a robust travel and border security screening framework that already exists.

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