The FBI is limited in its investigations of domestic terrorism cases, which are violent acts inside the U.S. intended to intimidate a part of the population. The First Amendment protects hate speech and other activities that might be early indicators of plans to commit violence. Agents cannot always rely on federal law, unlike in international terrorism cases where statutes were enacted to address the threat after the Sept. 11 attacks. The FBI often turns to local prosecutors to charge people they are concerned might be planning domestic attacks, the New York Times reports. With an increase in such attacks in recent years, particularly racially motivated mass shootings in Charleston, S.C., Pittsburgh, and San Diego, a debate has emerged about whether the FBI is sufficiently equipped to tackle the problem using existing laws and resources.
“The rise of white supremacy is an undeniable threat,” said Sen. Tim Kaine (D-VA). “As the threat of violent white supremacy continues to mount, we must do more.” A federal statute defines domestic terrorism but carries no penalties. Some former and current law enforcement officials say it is time for Congress to pass a new law aimed at people who commit political violence. Civil rights advocates and many in law enforcement worry that such laws would violate the First Amendment or invite government overreach. The FBI says violent domestic extremists carried out six attacks in 2018 that killed 17 people. The previous year, eight people died in five attacks. Domestic terrorism-related arrests narrowly outpaced international ones for the first two quarters of the current fiscal year, 66 to 63. The increase in arrests marks something of a return to the 1990s, when the FBI devoted significant resources to infiltrating and dismantling violent white supremacist and right-wing militia organizations. The FBI shifted course after the Sept. 11 attacks.