1.4 Law & Terrorism

WHO? Terrorists are criminals who plan or commit terrorism.

WHAT? T18 S2331 makes terrorism is a crime distinguished by motive, to coerce US government.

WHEN? Terrorism, like all crime, is an on-going concern.

WHERE? All crimes committed in the US are subject to US prosecution, including terrorism.

WHY? Although Homeland Security is not about terrorism, terrorist acts did bring Homeland Security to the forefront of US policy.

In Topic 1.1 we made it clear that Homeland Security is NOT about terrorism. Homeland Security is about safeguarding the nation from domestic catastrophic destruction. We also noted the new and unprecedented threat of domestic catastrophic destruction inflicted by non-state actors. This was certainly the case with 9/11. It was also the case on 9/11 that the non-state actors were also TERRORISTS. What does that mean exactly? And is it possible to be one and not another? The first answer is simple. A terrorist is somebody guilty of planning or committing terrorism. Terrorism is a crime defined under Federal Law, Title 18, Section 2331 United States Code, as “Any violent act designed to coerce US government”. Accordingly, terrorism is a violent crime distinguished by motive, namely to coerce US government. Absent this specific motive, then the crime cannot be classified as terrorism. There are many reasons why people commit violent crimes, not all of them related to terrorism. Despite the horrendous loss of life in the 2017 Las Vegas Shooting, that incident cannot be classified as terrorism because no motive was ever found indicating any intentions to coerce US government. The same is not true with 9/11. The hijackers specifically hoped to coerce US government, basically to withdraw from Saudi Arabia and the Middle East. As we are all non-state actors, committing a violent crime doesn’t automatically make us terrorists. But, it DOES make you a criminal. And if you commit a crime in the US, you are liable to US justice. That’s right, if the crime is committed in the US, doesn’t matter where you are at the time, your are subject to prosecution under US law. We’ll discuss how US justice goes after overseas criminals in a later topic. For now, let’s dispel some other frequently confused notions. So, we know that committing a violent crime doesn’t make you a terrorist. It also doesn’t matter how big the crime. Title 18, Section 530C United States Code designates three or more killings in a single incident as a “mass killing”. This grisly benchmark was established in 2013 to allow the FBI to assist local law enforcement with investigations; it was designed to authorize funding and nothing more. Unfortunately it now stands as the definition for “mass killing” and “mass killers”. Are “mass killers” terrorist? This seems to be a common perception. The answer is NO. It’s not the number killed but the killer’s motive that determines if the incident is terrorist related. Absent a motive to coerce US government, then the incident cannot be classified as terrorism. Santa Fe TX, Parkland FL, Columbine CO, none of these school shootings were terrorism. Finally, NOT all Homeland Security incidents are terrorism, and vice versa. Hurricanes are obviously Homeland Security concerns, but they are just as obviously not terrorist acts because nature harbors no motive. Likewise, Homeland Security is all about size: it may be a terrorist incident, but if it’s not catastrophic, then it’s not Homeland Security.