“Canada recently designated the Proud Boys, a far-right hate group, as a terrorist organization, a move that has put pressure on President Joe Biden’s administration to take similar punitive action against the group and others who participated in January 6 attack on the US Capitol.
The Congressional Research Service has asserted that the Capitol insurrection was an act of domestic terrorism, as defined by federal regulations and law. The FBI has identified the criminal activity by the Proud Boys as a domestic terrorism threat.
But while the federal government maintains a list of foreign terrorist organizations, it does not have a mechanism to formally designate domestic terrorist organizations. National security experts argue that creating one would not only invite legal challenges, but would do little to improve law enforcement’s response to the nascent threat of domestic terrorism.
Creating such a list would raise legitimate First Amendment concerns because it could potentially be used to target political dissidents on both the left and the right. Experts also say it’s ill-suited to address the kind of domestic terrorist attacks and plots that the US is facing, which according to the Department of Homeland Security, primarily come from right-wing extremists acting as individuals, rather than as organized groups.
The best way forward, they say, is for the federal government to better employ existing tools to combat domestic terrorism — a threat that was not prioritized by former President Donald Trump, who repeatedly refused to denounce white nationalists and told those who stormed the Capitol, “We love you.”
“Violent white supremacists are not a new problem,” Faiza Patel, the director of liberty and national security at the Brennan Center for Justice, said. “Law enforcement has dealt with them before and can do so again. The FBI’s robust response to the attack on the Capitol shows that these groups can be investigated and prosecuted under existing law, undercutting any argument for new tools.””