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Are We All “Domestic Terrorists” Now?

By Walter Donway

January 29, 2021

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The Domestic Terrorism Prevention Act (DTPA) of 2021 defines “terrorism” by reference to ideas or beliefs.

The Domestic Terrorism Prevention Act (DTPA) of 2021, introduced into both houses of Congress on January 19, defines “terrorism” by reference to ideas or beliefs—in particular, the ill-defined term “white supremacism,” which is less an idea than a smear. The proposed legislation is an innovation not only in the United States, but for most world bodies, too, where “terrorism” has been defined strictly in terms of violent criminal acts.

One sponsor of DTPA says the “threat that reared its ugly head on January 6th is from domestic terror groups and extremists, often racially-motivated violent individuals …”

Another says DTPA is “to combat the threat of violent white supremacists and other domestic terrorists …”

Another says: “Homegrown, violent domestic terrorism from white supremacists, and other racially and ethnically motivated violent extremists, remains a serious ongoing threat that demands the full coordination and efforts of our federal law enforcement agencies.”

Another says: “White supremacy and domestic terrorist organizations have no place in America. Rhetoric from the outgoing president and right-wing political leaders have emboldened white nationalist groups to pursue violence as a means to an end.”

The act now before Congress declares a viewpoint—one capable of infinite elasticity and only subjective “proof”—to be part of the nature and definition of “terrorism.”

And: “DTPA directs DHS, DOJ, FBI, and the Department of Defense to establish an interagency task force to combat white supremacist infiltration of the uniformed services and federal law enforcement.” Infiltration? Surely terrorists must be outed from the police, military, and intelligence agencies?

These statements usually couple the term “white supremacism” with “violence,” but it could hardly be more obvious that “domestic terrorism” is violence connected with white supremacist and “other racially motivated” beliefs and ideas. The act now before Congress declares a viewpoint—one capable of infinite elasticity and only subjective “proof”—to be part of the nature and definition of “terrorism.”

Only laws of totalitarian nations like China today, and National Socialist Germany and the Soviet Republics in their time, have made political ideas part of the definition of crime.

The FBI definition of domestic terrorism specifies only “violent criminal acts” intended to frighten a population into demanding certain political changes. So does all earlier legislation on terrorism in America and similar documents of the European Union and United Nations. Only laws of totalitarian nations like the Peoples’ Republic of China today, and National Socialist Germany and the Union of Soviet Socialist Republics in their time, have made political ideas part of the definition of crime.

A precedent for DTPA, of course, is U.S. legislation defining “hate crimes.” Hate crimes are not only “violent” and “criminal” but are regarded far more “serious” because of the ideas and intentions of the criminal. “Domestic terrorism” and “hate crimes” often are mentioned together in discussions of DTPA because obviously the idea of “white supremacy” and crimes committed by persons who supposedly embrace the idea are now “terrorist crimes.”

An article in Forbes on January 10 warned that the net would have to be cast wide:  “There is this false narrative that white supremacists are these outspoken extremists; domestic terrorists that are seen protesting the removal of confederate monuments or committing horrific acts of violence and treason. These are extreme examples, but white supremacy is more common than we think. By personifying white supremacists as these types of individuals, we overlook the white supremacists lurking in our workplaces, our schools, and within our communities. Nice people can also be white supremacists. Relinquish the idea that there is a prototype for white supremacy.”

So those “that are seen protesting removal of confederate monuments …” are domestic terrorists.

So those “that are seen protesting removal of confederate monuments …” are domestic terrorists as are others who commit “horrific acts of violence and treason.” But white supremacists (that is, those with terrorist ideas) can be “lurking in our workplaces, our schools, and within our communities.” If there is no “prototype for white supremacy,” then identifying potential terrorists is going to be a subtle matter. The author explains that they are “shapeshifters.”

The idea of white supremacy is not new. And its home always was the Democratic Party until the 1950s (at least). But at that time, it had an objective reality in the Jim Crow legislation, legal segregation of all kinds, legally enforced racial inequality in voting, laws against miscegenation, and much more. In addition there was the widespread criminality by the Ku Klux Klan and others that was clearly racially directed.

“White supremacy” today is not legal suppression, not workplace discrimination, not discrimination in education, not prejudice against electing Black politicians, not prejudice against Black-white marriages. Indeed, there are racial quotas favoring Blacks in higher education, affirmative action in hiring, overwhelming favoritism for Black artists and performers, and trillions spent over decades to “eliminate inequality” of Blacks in every field. It is tempting to say that today’s only true “white supremacism” is an unshakable conviction that only whites can solve the problems and ensure the progress of Black Americans.

“White supremacism” no longer describes a serious, widespread reality. That it exists is certain.

“White supremacism” no longer describes a serious, widespread reality. That it exists is certain; racism is not going to be eradicated from the human species in any foreseeable future. But to view “white supremacism” as a dominant social and cultural phenomenon in America, shaping how we live, is delusional.

Or, to be more specific: It is a powerful ideological delusion or dogma, or worse, a ploy. The philosophical worldview that now dominates our colleges and universities is “postmodernism.” And, of course, it dominates those products of liberal arts, social sciences, the arts, and law coming into careers in the past three decades or so. Postmodernism can be said to be the new and increasingly dominant outlook, the conventional wisdom, of educated America—a  reason that they view themselves as alienated from and hopelessly misunderstood by “under-educated” Americans who still experience postmodernism as bizarre “political correctness”—which it is.

The concept of “white supremacism” is integral to the entire dynamic of postmodernism. Postmodernism views all human social and political interaction as understandable in terms of power relations: “oppressors” and the “oppressed.” And unlike Marxism, which defines those groups in economic terms as exploiters and exploited, postmodernism sees oppressors and oppressed in racial, ethnic, and sexual terms.

This then is what we have come to call “identity” politics. Dominated by postmodernist intellectuals and politicians of the left, today’s Democratic Party has made recent elections all about race, ethnicity, and sex. The mainstream media churns out thousands of stories and columns that repeat the same political paradigm: whites-male-citizens versus people of color-women-illegal immigrants-the disabled.

Most plausible of “oppressions,” of course, is racial. Slavery, decades of legal discrimination, widespread racism, and lingering racial discomfort are part of America’s history and present. But today, the best polling organizations report that only small minorities of whites oppose, say, electing a black president, or oppose “mixed” marriages:

The percentage of Americans who say they would vote for an otherwise well-qualified person for president who happened to be black has risen to 96%, up from 38% in 1958. And the percentage of Americans who approve of marriages between blacks and whites moved from 48% in 1965 to 87% the last time Gallup updated the measure in 2013.

We already have had a Black president for 8 years. In 2008, Obama won 43 percent of the white vote. In 2012, the white vote spilt only about 60-40 in favor of Romney against Obama.

These sweeping improvements have forced the definition of “white supremacism” to undergo serious alterations to force it to fit today’s society. Today, three-quarters of Black Americans tell pollsters that they believe the federal government should pay major cash “reparations” to all Blacks who had slave ancestors. (Some 15 percent of whites agree.) Universities face demands that admissions standards, courses, grading, use of standard English, and dismissal of “racist” professors must make it possible for Blacks to succeed. When Blacks and their ideological supporters riot in cities, looting, setting fires, attacking police, throwing bombs, and beating passersby, we are urged to consider their provocation, their history of “powerlessness,” their understandable “rage.”

And so “white supremacism” continues everywhere—as so-called “systemic”—because it has morphed into the core of postmodernist political analysis. Of course, we did have the #MeToo alarm at sexual oppression of women. And certainly, the ongoing alarm at the southern border with “children in cages.” The prioritizing of these problems, and the hysterical moralizing, were driven by the ideological perspective of postmodernism. These are all it has.

And now, with the excuse of the violence that erupted among some January 6 demonstrators, and because of the symbolism of the Capitol Building (I share that feeling), and the tragic deaths—but also the obsessive politics of “Get Trump”—“white supremacism” will become “terrorism” and will be treated as such.

As we have seen, given the elasticity of the term “white supremacism,” it is used to mean “any racially or ethnically motivated” belief. Like opposing reparations. Or attacking quotas in university admissions. Or opposing defunding the police. Or opposing riots in cities. Or opposing the government funding of abortions. Or drawing negative conclusions about the disintegrating American family structure. Or opposing prioritizing Blacks for the COVID-19 vaccine. Or opposing removal of public statues. Or opposing the growth of the welfare state. All are now seen to contribute to the “white supremacist” atmosphere that fosters terrorism’s violence.

DTPA portends a new and virulent leftwing McCarthyism. Allegations will be enough to destroy careers. The search will be on for “a terrorist under every bed.”

At a very minimum, DTPA portends a new and virulent leftwing McCarthyism. Allegations will be enough to destroy careers. The search will be on for “a terrorist under every bed.” One atrocity story, January 6, will be enough to cast all republicans, conservatives, libertarians, and objectivists under a pall. Periodicals, TV networks, social media sites, publishers, employers like universities and schools will all feel patriotically justified in excluding ideas they view as politically incorrect. And with almost everyone involved with ideas and opinions now on record and easily “searched” online, it will take five minutes to identify those against whom “our whole country must unite”—as against the “radicals,” the “commies,” and their “fellow travelers” during the McCarthy era. Mostly, the “Reds” were deemed unpatriotic, not American. This time around the designation is “terrorist” and the penalty is potentially decades in prison.

As usual, the first cases will have some plausibility. On January 15, Justin Stoll, a 40-year-old man from Wilmington appeared in court … He had posted on YouTube and elsewhere videos from the Jan. 6 riot, some allegedly including himself yelling aggressive comments. A woman online responded online that she had “saved” his video. Stoll took that as a threat and responded:  “… you ever in your f—— existence did something to jeopardize taking me away from my family [sic], you will absolutely meet your maker…. And I will be the one to arrange [it].”

That could be five years for “interstate communication of a threat” and another 20 years for “intimidating a witness”—the woman “saving” the video. But this, of course is pre-DTPA and the charge is not terrorism. And whether the woman threatened is Black was not “of the essence” in the charge. But, notably, Stoll was arrested by the FBI Joint Terrorism Task Force.

I offer this as the kind of plausible case with which DTPA prosecutions might begin. There was no violence, but there was a clear threat—although it sounds like a bit of swaggering and most death threats are not made as part of YouTube threads. But if “white supremacy” was clearly involved (again, say the woman threatened was Black), I think Stoll would be facing charges of terrorism.

The legislation could well pass; co-sponsors include Republicans. The New York Times almost daily runs front-page stories about the Jan. 6 violence to keep the crisis alive until the vote on the legislation.

If it does pass, it might be instructive for anyone—including journalists—writing about the kind of issues enumerated above to send a copy to President Biden (cc. Harris, Pelosi, and Schumer) politely asking if publishing it will be legal under DTPA or might constitute domestic terrorism. And then publish either with a note that it has been approved by the White House or that approval had not been received at press time. A few hundred thousand letters, faxes, and emails might clog the system, a bit, but no one said it would be easy to censor 328 million Americans—or even 74 million Trump voters.

 

 

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W.R. Donway
W.R. Donway
3 years ago

I should append a footnote, here. My long-time friend and colleague, Alexander Cohen, an accomplished lawyer and profoundly schooled in Objectivism, took me to task for implying that the actual text of the Domestic Terrorism Protection Act included the term “white supremacy.” It does not. The preface to the act, and all statements by its Congressional sponsors, point to the threat of “white supremacy,” “white Nationalism,” and “racially motivate terrorism” as the reason for the necessity and urgent of the DTPA. But the text of the act does not. That would have guaranteed a Supreme Court decision to overturn it (if the Court had not been packed, by them). So, one may argue that DTPA does not change the basic terms of the FBI definition of domestic terrorism. (Then why pass it?) And that cases brought under the act will not have an ideological component–whatever the hopes of its sponsors. To the contrary, I believe that passage of this bill (kicking around Congress since 2017), its new preface, the clear context of Jan 6, and the comments by sponsors are all intended to identify “domestic terrorism” with “white suprematism.” And to send the message to the FBI, DOJ, and DHS that now white supremacists are the focus. NOT Black Lives Matter, not Antifa, not revived and violent Black Nationalism.

Thomas M. Miovas, Jr.
3 years ago
Reply to  W.R. Donway

I don’t think you made your point that the legislation in question is centered around ideas that people have. Its intent is to stop the violence made by those who supposedly supported Trump, and I have heard that on TV, so it is more support of a man rather the support of an idea, because I do not think Trump has a central idea or ideology he was applying while President. He did claim Make America Great Again, but actually had no way to enact this because he had no fundamental ideas concerning individual rights and that this is what made America great in the past. And I have not seen for myself where he was for white supremacy, and have asked around, and no one can make a good argument for that. So, what is the new legislation for? To keep us in fear if we support making America great on the international scene again. Not by supporting an idea or an ideal, but by claiming that the Second Amendment is there to overthrow the government should it come to that. Like the FBI and the CIA before it, it is an attempt to make America a surveillance state with no clear idea behind it — just power for the sake of power — the power to frighten those who disagree with the establishment (especially via Trump supporters). And while that is dangerous, it is not yet about ideas, but actions of some members of society seeking to put Trump back in power. It’s the negation of a man, not an idea.

CharlesRAnderson
CharlesRAnderson
3 years ago

Trump’s 74 million voters voted for him for many different reasons. For many, he was a celebrity who recognized that the political elite, the Deep State, and the many lobbyists and cronies dependent upon Big Government made a practice of taking advantage of most working Americans. He stood up for them against these parasitic factions. He called for fewer regulations and lower taxes. He projected the sense that they were not in fact The Deplorables. They were people capable of mostly managing their own lives. They did not need self-appointed Elitists to choose their values for them and to micromanage their lives. Trump, more than the usual run of politicians, bureaucrats, and the Elitists who take the greatest share of government largesse, did generally hold this very important idea that most of the People were capable of choosing their own values and managing their own lives. This is a very fundamental and critical idea that affects every idea one has about the proper function of government.

Trump is not a political theorist. He gained his ideas about the role of government as a pragmatist. So, yes, he has his limitations as a principled ruler. But ask yourself why we need principles. Living one’s life is very complex and establishing principles makes it easier within a range of context to make decisions that help us to live a better life. Generally, living by principles enables us to achieve many very pragmatic goals. Well, Trump is a man of rather fewer principles than is ideal, but he nonetheless learned how to achieve many pragmatic goals. Not surprisingly, one may learn to make some pretty decent decisions simply by seeing what is effective in gaining pragmatic goals. For such a man, the theory is weak, but he may still have a pretty decent set of operational rules of thumb. George Washington was a man who had a substantial set of rules of thumb not founded in fundamental theory, that worked rather well.

Trump loved the adulation of many of his supporters and he is a narcissist in many ways. Yet, he also is a warrior who decided to join the great majority of Americans in fighting back against a system of government control and crony largesse by parasites who cared not a fig for them. Many Americans understand that Washington is corrupt in its power lust and its avarice, but almost no Americans understand just how corrupt it is. Trump recognized it as very corrupt and he stood up to much of that corruption. It is a very important ideat that one should stand up to such corruption. You will certainly see the difference it makes now that one of the ultimate Swamp Creatures is President.

Thomas M. Miovas, Jr.
3 years ago

Thanks for your reply, but I am not sure where else to go on this. I do think that rational principles — those based on the facts in an integrated manner — do not lead to pragmatism, unless by that you mean some sort of practicality, but actually that is not what pragmatic even means, It means not knowing cause and effect and just swinging it until something good (by what standard?) is accomplished, and I reject that stance. I think one needs to be objective — of taking the facts into account in better and better integrations of reality and not deductions from false premises. I won’t reproduce my whole essay here, as it is available on my website, but here is what I have to say about that issue.

http://www.appliedphilosophyonline.com/on-objectivity-the-method-of-thought.html

“I just finished re-reading the chapter in “Objectivism: The Philosophy of Ayn Rand” by Leonard Peikoff on “Objectivity”

and this essay concerns that topic in a shortened form. Dr. Peikoff

says that objectivity at root is a relationship between man’s mind and

existence with regard to knowledge, neither coming only from reality (intrinsicism) nor coming only from man’s consciousness (subjectivism)

– it is a relationship between the facts and consciousness necessitated

by the fact that man has no automatic form of knowledge and therefore

must volitionally adhere to existence in his thinking in order to be

able to comprehend existence, and to live his life in existence. While

Dr. Peikoff doesn’t mention it from the following perspective, I think

the term “objectivity” comes from the word “object” – as in an entity or

a thing one can directly observe (its attributes and its actions); it

also comes from the term “objective” as in “taking specific actions to

pursue a purpose.” So, at root, to remain objective one must be focused

on the facts (entities, objects, things, their attributes, and their

actions) in a purposeful manner to obtain knowledge of existence – to

think in terms of identity and causality.

But because man has no automatic guide in the pursuit of

knowledge, and must develop a volitional / free will based methodology,

this method must be clearly identified for a man’s mental contents to be

based upon reality. The most fundamental component of being objective

is to use logic, the art of non-contradictory identification.

Contradictions cannot exist in reality, but are only evident in a man’s

improper thinking or lack thereof. While Aristotle clearly identified

the method and workings of logic (non-contradictory identification of

the facts of reality as given by observation), Ayn Rand added two other

components to objectivity that were only implicit in Aristotle’s work:

context and hierarchy.”

http://www.appliedphilosophyonline.com/on-objectivity-the-method-of-thought.html

W.R. Donway
W.R. Donway
3 years ago

,The accusation seems to be that Trump supporters are white supremacists; that white supremacists were behind the Jan. 6 riot; and that therefore domestic terrorism equates with white supremacist and thus Trump supporters. Every Congressional sponsor of the bill is quoted as pointing to “white supremacism,” “white nationalism,” and racial motivation as the justification for the domestic terrorism act. And Trump and his supporters are mentioned again and again. As for Trump’s ability to restore American greatness, exactly how philosophically sophisticated do you have to be? Individualism, human rights, property rights, Constitutional limitations, the great capitalist record of economic prosperity… Insist upon these and strive for consistency and what more can you do? Thanks for a great comment, Thomas. Much, much more to this discussion, of course. Cheers!

Thomas M. Miovas, Jr.
3 years ago
Reply to  W.R. Donway

Yes, I have heard them say “white supremacists” quite often, but as you say no clear definition of that label, and of course ignores the riots from last year and earlier this year which were not ethnically motivate, but rather ideological — the New Marxism.

W.R. Donway
W.R. Donway
3 years ago

I would invite your informed and challenging comments on any Savvy Street essay, Thomas. I sure can’t guarantee that I can mount a convincing answer. But I do know that I will value your ideas. Thanks!

Thomas M. Miovas, Jr.
3 years ago
Reply to  W.R. Donway

Well, it’s an issue of being against a person or being against an idea. Being against a person in an argument is ad hominem and does not answer the issue — it basically just says he’s a bad guy and don’t listen to him, which is the argument I have heard against Trump by the Left. They, too, do not deal in ideas, except some worn out semi-Marxist views of collectivism and switching the talk to racism rather than class struggle and calling Trump a white supremacist (which I do not think he is). But I don’t see Trump as coming out with better ideas on the fundamental level. To fight Marxism and collectivism and racism you need to champion the individual and not try to tear down successful individuals, the way Trump has done with Bezos and the guy from Twitter and Google et al. He just talks them all down because they said a few things against him that he did not answer. And while I do think in a way that removing Trump from the Internet is a travesty because now he cannot hardly get his message out, he still did not answer them intellectually. This is a cultural battle primarily, not just a political battle, and both the Democrats and the Republicans agree on fundamentals — we have to live for our neighbors, we have to have a safety net, we have to have welfare, we have to have Social Security, we have to have central planning, etc. They all agree on that, and yet those are the premises that must be challenged if we are going to win the culture war. Each individual must become a part-time intellectual checking his logical premises — to ensure that altruism will not win, but rather that egoism and hard work and productive jobs exist and each man can prosper as he can using his own mind and his own skills on the open market of ideas and products. But that cannot happen so long as both “sides” are against free enterprise capitalism, which they both are completely against — they are just arguing over who gets to have control and what will be controlled, rather than freedom for the individual.

Albionic American
Albionic American
3 years ago

Rand’s false alternatives of selfishness/individualism versus altruism/collectivism don’t work with white nationalists. White nationalists selfishly want normal white people to flourish in their own countries. In fact, their level of selfishness puts Objectivists to shame.

Thomas M. Miovas, Jr.
3 years ago

Sorry, but you are confusing one definition of selfishness with another. Under White Nationalism, the term means dominance over others. Especially over others who live in differing nations or for those living in their own nation who are not white — not at all what Ayn Rand means. Ayn Rand takes the definition of selfishness to be concerned for oneself as a virtuous stance of living one’s own life according to one’s own rational standards. And there is a big difference to take into account. Never did Miss Rand say that one man ought to have power over another. In fact, The Fountainhead shows that the man of power must lose in the end because his power is illusionary and not based on rational human nature — one cannot rule over a man who is confident in his ability to live.

Albionic American
Albionic American
3 years ago

Objectivists probably wish that the elites would take them seriously enough to qualify as “terrorists.” In the real world, however, you can go around denouncing altruism, collectivism, naturalism in art and Immanuel Kant all you want, and the people in power will just write you off as a kook instead of profiling you as a dangerous radical.

Thomas M. Miovas, Jr.
3 years ago

I, for one, do not want to be taken as a terrorist due to my rational ideas and my support for individual rights; however, you are correct that we are not yet taken seriously. It generally takes at least a hundred years for a newly introduced philosophy to take hold in a culture and that is if there is freedom to consider controversial ideas. It took Aristotle nearly 2,000 years to be accepted and then corrected on minor points, so you never know. But there are many Objectivists out there with their podcasts, essays, and articles to spread the word, and we figure we have another 50 years of that to go before we have success if we live free enough and long enough in the culture. But I don’t know of a single objectivist who wants to be classified as a terrorist due to his ideas.

Albionic American
Albionic American
3 years ago

For the record I’d like to remind Objectivists that at least two of the heroes in Atlas Shrugged destroy industrial capital in ways that in a real-world context we would consider acts of terrorism or war. For example, Ragnar the pirate uses his ship as a platform to bombard Orren Boyle’s steel mill on the coast of Maine. Imagine if a Chinese naval vessel off of one of America’s coasts sent in missiles to destroy, say, one of country’s oil refineries. Yet Rand approvingly romanticizes Ragnar’s sabotage of the nation’s ability to produce wealth as vigilante justice, so does this kind of speech promote violence or hate?

Thomas M. Miovas, Jr.
3 years ago

Unfortunately, I think you are dropping the context of the action in the story. Orren had stolen the formula for Rearden Metal via the government from Hank Rearden and Ragnar was just enacting a code of justice that is rational. Besides, Atlas Shrugged is not a how to book on how to handle a collapse of the United States, which would be contextual. Destroying your own property is fine and would not be an act of terror, especially since Francisco made sure no one was going to get hurt when he destroyed his own mines. So, in context, those heroes were NOT attacking other people’s property. Since you might bring up the doings of Ragnar to sink ships carrying copper, that too, was an act of self-defense — since it was stolen from Francisco. Be very careful of the context. None of them destroyed other people’s property, just stolen property or their own property as an act of justice. So, no terrorism.

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