FBI Categorization of Domestic Terrorism

FBI Categorization of Domestic Terrorism

November 7, 2017
FBI Categorization of Domestic Terrorism
The World Learns of “Black Identity
Does BIE represent a new category of domestic terrorist
Extremism”
actor, distinct from the existing black separatist
In August 2017, the Federal Bureau of Investigation (FBI,
extremist category, or does it subsume and replace the
the Bureau), reportedly published an intelligence
latter, or is it a subset of the latter? Black identity
assessment that conceptualized a new form of domestic
extremism appears to combine black separatist ideas with
terrorism, “black identity extremism” (BIE). In October,
other ideological elements. Will the FBI now pursue BIE
Foreign Policy magazine’s blog obtained a copy of the FBI
cases, black separatist cases, or both?
assessment and made it publicly available. In recent years,
the FBI (the lead federal law enforcement agency charged
Aside from adding BIE, is the FBI reconfiguring other
with counterterrorism investigations) and the Department of
strains of domestic terrorism? On occasion, the FBI alters
Justice (DOJ) have delineated a number of ideologies that
its understanding of domestic terrorist threats. In recent
domestic terrorists use to justify their crimes. Domestic
years, the Bureau has switched from “anti-abortion
terrorists/extremists commit crimes in the name of animal
extremists” to “abortion extremism,” thus including
rights, environmental rights, anarchism, white supremacy,
individuals who may commit crimes to protect abortion
anti-government beliefs (such as those that inspire
rights. In the past, it also used terms such as “special
“sovereign citizens” and unauthorized militias), black
interest,” “right-wing,” and “left-wing” to describe
separatism, as well as beliefs tied to abortion. It is unclear
domestic terrorists, but it has shifted away from such
whether BIE somehow changes this list—for example,
usages. Within the current context, is the Bureau
adding “black identity” as an “ideology” that can inspire
considering creating an analogous White Identity
extremists. The expression of any of these worldviews—
Extremism category?
minus the commission of crimes—typically involves
constitutionally protected activity. As such, many
What official process was involved in creating the new
individuals and movements openly and lawfully espousing
term from what has been reported as little
these beliefs distance themselves from people who use
information—six violent, recent incidents? The FBI has
these ideologies to justify their crimes.
not made such details available. Is the assessment the
product of a small group of individuals at the FBI, or does it
What Is BIE?
represent a corporate revision of the domestic terrorist
It is unclear whether the Bureau holds that some sort of
threat? Was the assessment developed with input from
non-extremist “black identity” ideological movement gives
outside agencies or experts?
rise to “black identity extremism” or whether BIE stands
alone. The FBI assessment said little of the term’s origins.
More generally, how does the FBI officially categorize
According to media accounts, the assessment notes that
or re-categorize domestic terrorist threats (e.g., white
black identity extremists draw on “BIE ideology,” the
supremacist extremism, anarchist extremism, or anti-
outlines of which the Bureau has not publicly described in
government extremism) over time? According to DOJ,
any detail. Open sources have suggested that based on the
the Domestic Terrorism Executive Committee (DTEC) is
contents of the assessment, such extremism seems to
designed to “coordinate closely with U.S. Attorneys and
describe people who combine anti-government, anti-law
other key public safety officials across the country to
enforcement, and black separatist views with a penchant for
promote information-sharing and ensure an effective,
violently targeting police.
responsive, and organized joint effort.” DTEC includes
DOJ leaders and is co-chaired by a member of the U.S.
The FBI assessment reportedly links six violent incidents to
Attorney community, the DOJ National Security Division,
black identity extremists, including a much publicized
and the FBI. Did DTEC weigh in on the creation of “BIE?”
example involving Micah Johnson. He shot and killed five
Who at the FBI determines exactly what constitutes an
police officers in Dallas, TX, in July 2015. Johnson is said
extremist ideology? Are there official procedures to identify
to have “liked” groups on Facebook tied to black
these ideologies, or are such efforts informal, shaped by the
separatism. He purportedly told police that he wasn’t
analyses and opinions of investigators and analysts? Do
affiliated with any groups at the time of the shooting, which
thresholds exist for the identification of ideologies that
ended with police killing him after he was cornered in a
spawn domestic terrorism? For example, how many crimes,
local community college building.
and what type, committed in the name of an ideology make
it potentially “extremist” and susceptible to inspiring
Media characterizations of the assessment and the scant
terrorism?
official information available about BIE leave salient
questions for policymakers. Aside from basic issues
How does the FBI mitigate against bias in its framing of
regarding the exact meaning of “black identity extremism,”
domestic terrorist threats? This may be particularly
policymakers may be interested in the following points:
salient given concerns, especially from watchdog
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FBI Categorization of Domestic Terrorism
organizations such as the American Civil Liberties Union,
First, defining a domestic ideology linked to
that the FBI could use BIE to justify investigations of law-
extremism—The FBI’s practical, shorthand definition of
abiding activists. The FBI safeguards against cases focused
domestic terrorism is “Americans attacking Americans
solely on constitutionally protected activities. Formal FBI
based on U.S.-based extremist ideologies.” However, some
investigative activity has to be conducted, at the very least,
of the U.S.-based extremist ideologies driving what the
for an authorized national security, criminal, or foreign
Bureau views as domestic terrorism are not purely
intelligence collection purpose and in pursuit of a clearly
domestic. They have international roots and active
defined objective. Investigative activity may not solely
followings abroad. The ideologies supporting eco-
monitor the exercise of First Amendment rights. However,
extremism and animal rights extremism readily come to
some may wonder whether the FBI could use collecting
mind, and people have long committed crimes in their
intelligence on activities tied to “black identity extremism”
names outside the United States. At least in part, their
as a justifiable purpose to begin official investigative work
origins lay in the United Kingdom. Nazism—with its
targeting activists lawfully protesting shootings of black
German origins and foreign believers—is an element within
suspects by police. How does the Bureau avoid cognitive or
domestic white supremacist extremism. Anarchism, the
research biases that may seep into analytical or
philosophy followed by anarchist extremists, also has
investigative work as well as implicit biases based on things
European roots. The racist skinhead movement traces its
such as race or gender?
origins abroad as well. These examples help illustrate the
challenge the FBI faces in selecting U.S.-based ideologies
Who Is a Domestic Terrorist?
to help frame the threat of domestic terrorism.
Questions related to BIE may lead observers to wonder who
is a domestic terrorist. The federal government does not
Second, as one may infer from the above material, the
designate domestic terrorist organizations. In other words,
overwhelming majority of people espousing the ideologies
there is no official open-source roster of domestic groups
the FBI has marked as susceptible to extremist
that the FBI or other federal agencies target as terrorist
exploitation never become terrorists. Also, membership
organizations. The lack of such a designation likely springs
in an organization espousing these extreme ideologies does
partly from First Amendment concerns. Such a list could
not make one a terrorist. Given such a context, sifting
discourage speech and expression related to the ideologies
hardcore true believers from dilettantes, let alone law-
underpinning the activities of named groups. This contrasts
abiding activity from terrorist activity, can prove
with international counterterrorism efforts, where the
challenging—especially if law enforcement takes a
United States maintains a well-established—legally and
preventive posture, attempting to infiltrate groups or stop
procedurally prescribed—regimen regarding the
individuals before they commit crimes.
identification of foreign terrorist organizations. Even if
producing a domestic equivalent is impossible for the U.S.
Third, the ideological landscape changes over time.
government, its lack may add to confusion among the
Ideologies rise and fall in popularity. For example, in the
public as well as policymakers regarding exactly who is a
1990s deadly confrontations between federal law
domestic terrorist.
enforcement and private citizens at Ruby Ridge, ID, and a
site near Waco, TX, helped stimulate interest in beliefs
adopted by anti-government militia extremists. Timothy
McVeigh’s bombing of the Alfred P. Murrah Federal
The Bureau offers little public information about the
Building in Oklahoma City on April 19, 1995, made such
process it uses to identify ideologies such as BIE that
views less popular in the late 1990s and early 2000s.
may foster domestic terrorism. As a result,
Although McVeigh’s bombing cannot fully account for the
independent observers cannot verify if an official
dip in militia activity, experts have noted that it affected the
process exists to define such ideologies, which then
movement by causing some groups to temper their rhetoric
become the bases for organizing, prioritizing, and
(fearing law enforcement investigations), while others grew
implementing domestic terrorism investigative
more extreme. For a time, militias generally became more
subprograms at the FBI.
marginalized. Since the early 2000s, there has been a

general expansion in militia activity, with activity
periodically rising and falling but still greater than in the
The FBI relies on the following definition of domestic
period immediately after the bombing in Oklahoma City.
terrorism: “acts of violence that [violate] the criminal laws
of the United States or any state, committed by individuals
A changing ideological landscape may have inspired the
or groups without any foreign direction, and appear to be
FBI to create the label “black identity extremism.”
intended to intimidate or coerce a civilian population, or
However, without further explanation of the term and its
influence the policy of a government by intimidation or
origins, policymakers and the public will be hard pressed to
coercion, and occur primarily within the territorial
understand its investigative application, utility, and validity
jurisdiction of the United States.” The definition says
within the current threat environment.
nothing about the specific ideological motivations of
domestic terrorists.
Jerome P. Bjelopera, Specialist in Organized Crime and
At least three issues tangle efforts to sort out which
Terrorism
ideologies may give rise to domestic terrorism:
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FBI Categorization of Domestic Terrorism

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