In Response to White House "Sacking" New Anti-Terrorism Bill and Govt. Admin. Initiative

New legislation was brought forward by co-sponsor U.S. Rep. Fred Upton from Michigan along with other policymakers are working to bring forward an extremism bill HR 350 to track and avoid extremist groups from making their way into law enforcement. There are opportunities to coordinate between local, state, and federal entities that would create a better draw of hate crime data for policy making as well as to further understand how to avoid and thwart radicalization of individuals engaged in hate based behaviors.

Co-author of the bill U.S. Rep. Fred Upton (R) states, "The attack on the U.S. Capitol earlier this month was the latest example of domestic terrorism, but the threat of domestic terrorism remains very real. We cannot turn a blind eye to it,” (Barrett, January 21, 2020, para 3)

The bill sets up a new way of viewing domestic terrorism and puts more focus on discovering White Supremist and Neo-Nazi type behaviors. What is beneficial is that we start thinking of ways to uncover, disrupt, and redirect hate behavior before it becomes a bigger issue. 

This can be more confusing on a local level where such behaviors have become accustomed. While only a few may become radicalized their behaviors are often encouraged by others who are in silent agreement. Any successful program will need to look at local triggers to radical hate behaviors. 

We are shifting from thinking about such groups from a single perspective and taking on a whole different vantage point as the consequences of not effectively acting lead to a paradigm shift. What was once ignored is now front face and we know little on how they operated for soo long avoiding responsibility (likely from personal connections). 

You will also notice renewed emphasis on human rights to ensure we are not overstepping our bounds or prejudging information from an incorrect lens (i.e. race, religion, etc...). We must stop and think about our own existing bias before we can accurately judge others. We are moving into a era of no majorities and will need to think on a universal level.

Training will be a big issue (skill based and cognitive based) to improve how officials respond to potential threats. A few weeks ago someone mentioned we should have a regional fire fighter training hall/station in the U.P. Considering military expenditures in Marinette/Menominee and commercial space flight in Marquette we might want to consider a regional training center in Delta County.

To raise the centers value we would want to open it to state/local firefighting, state/local law enforcement, and multiple federal agencies. Furthermore, cross-border coordination with Canada could be another unexplored benefit (Its an unvetted idea. Not to mention it might fit in one of the cluster spots for the military that could enhance other industries 🤷).

Other lawmakers focused on tackling this problem are listed below and taken from Rep. Brad Schneider's page,

"Today, Rep. Brad Schneider (IL-10), Judiciary Chairman Jerry Nadler (NY-10), Rep. Brian Fitzpatrick (PA-01), Rep. Robin Kelly (IL-02), Rep. Don Bacon (NE-01), Rep. Vicente González (TX-15), Rep. Fred Upton (MI-06), Rep. Lou Correa (CA-46), and Senator Dick Durbin (D-IL) 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 Biden Administration has also ordered a review of domestic terrorism within the country. To conduct this analysis Jen Psaki, Whitehouse Press Secretary, states “...we will rely on our appropriate law enforcement and intelligence officials to provide that analysis.” (Bertrand, January 22nd, 2020, para 7-8).  She further states, "Relevant parts of the federal government will also be asked to coordinate on monitoring and countering evolving threats, radicalization, operational responses, social media activity" 

 Hate Crime Definitions Might Impact What is Analyzed

How we define and code a "hate crime incident" will determine what data is available for research, review and analysis. If hate crimes are defined in a limiting factor, ignored and miscoded it will be under reported. However, if hate based behaviors are rewritten to reflect actual behavior it will be more accurate for prosecution and analysis (i.e.. mental health, misdemeanor in additional to felony charges).

18 USC Section 241 HERE. 

18 USC Section 245 HERE.

18 USC Section 247 HERE.

18 USC Section 249 HERE.

Section 901 of the Civil Rights Act

The International Association of Chiefs of Police have some ideas on how to handle such incidents HERE.

You can get a copy of the Bill HERE.

Michigan and Hate Crime Definitions

Most of these incidents will be investigated by local/state policing entities and referrals are made to Federal entities. To ensure that the full scope of hate is coded and referred effectively local/state policing entities will need additional training. If they do not know what a hate crime is then they will be unlikely to differentiate them from other crimes. Some may avoid coding properly because such behaviors don't reach the level of a felony or don't seem to fit their political/ideological perspectives.

The devil is in the definition and how hate based behaviors are applied and prosecuted.

Michigan Department of Civil Rights Defines a hate crime as (MDRC Brochure, para 2):

A criminal act of intimidation, harassment, physical force, or threat of physical force, directed against a victim, their advocate or property, motivated in whole or in part by bias against a protected group, based on the real or perceived race, color, ethnic background, national origin, religion, gender, sexual orientation, gender identity, or disability of the victim. 

The definition of punishments for the law are (MDRC Brochure, para 3):

 Michigan’s hate crime law (MCL 750.147b), is called the Ethnic Intimidation Act. The law makes it a felony to harm, or threaten to harm, a person, or the property of a person, “with specific intent to intimidate or harass” that person “because of that person’s race, color, religion, gender, or national origin.” The crime is a felony, punishable by up to two years in prison and/or up to $5,000.00 in fines. Federal hate crime laws may also apply and include incidents involving disability, sexual orientation, and gender identity or expression. 

All research relies on good data coming in so that relevant conclusions can be made by that data.  While I'm not an attorney and this is for my own understanding I can say its worthwhile to review some of our laws in Michigan to determine if they are truly detecting hate crimes (misdemeanor and/or felony) as well as redirecting lesser forms of the crime (i.e. mental health alternatives) to ensure that such behaviors are tracked and deradicalize during initial contacts with law enforcement. Such a system may help create connections and evaluation on how effective mental health help, intervention and policies at early stages minimizes violent felony crimes at later stages. It may also offer a stronger review of hate crimes and their impact on other aspects of society such as economic development and human capital growth (Big Data?). 

MDRC Brochure (unknown date). Retrieved January 22nd, 2020 https://www.michigan.gov/documents/mdcr/MIAAHC_VS_Brochure_v5_362736_7.pdf

Barrett, M. (January 21, 2021, para 3). Michigan congressman backs bill to track domestic terrorism, stop neo-Nazis from infiltrating police. MLive. Retrieved January 22nd, 2021 at https://www.mlive.com/politics/2021/01/michigan-congressman-backs-bill-to-track-domestic-terrorism-stop-neo-nazis-from-infiltrating-police.html

Bertrand, N. (January 22nd, 2021, para 7-8). White House launches ‘comprehensive threat assessment’ on domestic extremism. Politico. Retrieved https://www.politico.com/news/2021/01/22/white-house-assessment-domestic-extremism-461390

Dtpa of 2021 Authorizing of Domestic Terrorism Offices