Responding to White Supremacist Violence
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The United States has not fully reckoned with RESPONDINGthe legacy TO of white WHITE supremacy SUPREMACIST and other forms VIOLENCE A securitized community’s perspective on domestic terrorism January 2021 White supremacist violence is a resurgent threat Confronting the Legacy of Racial Terror in communities across the United States. This threat is not a new one, and is in fact rooted in of injustice and exclusion rooted deep within its the deepest, darkest chapters of our nation’s past. Indeed, the current resurgence of white history. From Oak Creek to El Paso to the supremacist violence has ample historical violent insurrection in our nation’s capital on antecedents, including lynchings and other January 6th, 2021, and communities in between, the United States has in recent years immeasurable atrocities that remain largely experienced an increase of white supremacist unacknowledged. A little over a century ago, in violence, particularly mass shootings and other October 1919, a white mob consisting of forms of mass violence. As policymakers, civil soldiers, law enforcement officials, plantation rights advocates, and impacted communities owners, and other vigilantes set upon Black work to confront this threat, we must ensure sharecropper families in the Mississippi delta that civil rights perspectives remain front and town of Elaine, Arkansas. What ensued was a center, lest we jeopardize the rights and weeklong violent reign of terror that left liberties of the very communities we are trying hundreds of Black Americans dead.2 to protect. The stated justification for the Elaine Massacre This issue brief ties the resurgence of white was to suppress an “insurrection” of Black supremacist violence to the “legacy of racial sharecroppers attempting to organize for better terror,”1 considers the importance of centering working conditions.3 Less than two years later, the protection of civil rights in the response to in Tulsa, Oklahoma, a violent white mob white supremacist violence, highlights issues descended upon the city’s wealthy Black arising from the enhancement and expansion of business district and murdered up to three federal counterterrorism authorities since the hundred people and destroyed more than two 9/11 terrorist attacks, and clarifies some thousand homes.4 The 1921 Tulsa Race misconceptions about the distinctions between Massacre is believed to be the single worst “domestic” and “international” terrorism. The incident of racial violence in U.S. history.5 final section of this issue brief features a series of recommendations for effectively responding The details of both cases were suppressed in to white supremacist violence while protecting order to obscure the nature and extent of the civil rights and civil liberties. bloodshed.6 That we have yet to bring closure to these atrocities—and the many more that occurred before and after them— should be an indication that our country has not fully Arab American Institute www.aaiusa.org 1 confronted and acknowledged what has been described as the legacy of racial terror.7 As White supremacist violence, along with other Americans, we must work to address the forms of bias-motivated violence against deepest, darkest moments of our nation’s protected characteristics like race or ethnicity, history. At the same time, we must also contend religion, sexual orientation, gender, disability, with a resurgent threat of white supremacist and gender identity, is fundamentally a civil violence. rights issue. But in recent years, the debate over how to address these threats has increasingly In the last decade, white supremacists have adopted the language of national security.11 To targeted communities and government be sure, in the effort to address, prevent, and institutions with devastating acts of violence. respond to white supremacist violence, the Since 2015, annual statistics from the Federal incorporation of national security perspectives Bureau of Investigation have shown an elevated might be helpful, if not appropriate. But merely level of reported hate crime incidents, including doubling down on flawed national security a consistent increase in the number of reported frameworks will only further jeopardize civil violent hate crime offenses.8 2019 was the rights and civil liberties with little positive deadliest year on record for the second year in impact on public safety. Further, we cannot a row .Given the legacy of racial terror in the effectively address white supremacist violence United States, it is painfully unsurprising that and other forms of bias-motivated violence anti-Black hate crime has accounted for a without also confronting the broader civil rights majority of reported hate crime incidents challenges and systemic inequities to which motivated by race and a plurality of reported they are tied. hate crimes overall since the FBI began producing statistics in 1992.9 The inclusion of racial justice perspectives is critical. The present debate over the policy and The Risk of Increased Securitization and the legal response to acts of white supremacist Exclusion of Civil Rights Voices violence, which depending on the specific circumstances might also fall within the The present threat of white supremacist definition of hate crime, domestic terrorism, violence is not without precedent. In the last international terrorism, or targeted violence, is decade, however, the policy and legal debate not only complicated but also delicate. These over how to address this threat has changed. are complex issues, made exceedingly sensitive Historically, the federal government has by the fact that Americans’ constitutional rights combatted white supremacist violence through hang in the balance. the paradigm of civil rights enforcement. In fact, the oldest federal hate crime statute, Section From the incarceration of Japanese Americans 241 of Title 18, United States Code, is derived during World War II to the Trump from the Enforcement Act of 1870, which was Administration’s efforts to reduce refugee the first of three bills passed during the admissions, target asylum seekers, and bar the Reconstruction Era to protect Black Americans entry of people from several Muslim-majority from acts of violence and intimidation at the countries,12 the federal government has justified hands of organizations like the Ku Klux Klan.10 sweeping constraints on civil rights, civil The Enforcement Acts empowered the federal liberties, and human rights in the name of government to intervene when states failed to national security.13 The last two decades of U.S. the protect the civil rights of their residents, counterterrorism policy are rife with examples of thereby setting an example for federal civil this trend. rights statutes to come. Arab American Institute www.aaiusa.org 2 Enhanced Counterterrorism Authorities in the information related to domestic terrorism, Post-9/11 Era federal law enforcement agencies have not been particularly forthcoming.21 Since the 9/11 terrorist attacks, Congress and successive administrations have significantly What little public information exists suggests enhanced and expanded the federal that current federal domestic terrorism government’s counterterrorism authorities to authorities are open to broad interpretation, if the detriment of individual rights and liberties.14 not subject to outright abuse. A DOJ Inspector In the aftermath of the attacks, Congress passed General report published in 2010 criticized the the USA Patriot Act, which among other things FBI for opening domestic terrorism enacted several terrorism-related criminal investigations into political advocacy statutes, amended existing criminal statutes, organizations based on the constitutionally and considerably augmented the federal protected activities of their members.22 The list government’s surveillance authorities.15 of targeted organizations included anti-war activists, environmentalists, and nonviolent The USA Patriot Act also codified a federal animal rights protestors.23 definition of “domestic terrorism,” which is defined as activities that involve acts that are In 2017, the FBI again attracted criticism dangerous to human life, violate criminal laws, following revelations that federal investigators and “appear to be intended (1) to intimidate or were treating the nonexistent phenomenon of coerce a civilian population; (2) to influence the “Black Identity Extremism” as a domestic terror policy of a government by intimidation or threat.24 Critics viewed the new classification as coercion; or (3) to affect the conduct of a a false predicate for targeting Black racial justice government by mass destruction, assassination, activists, and the FBI reportedly abandoned the or kidnapping.”16 term “Black Identity Extremism” in favor of a classification that comprised various forms of Federal law enforcement agencies have “Racially Motivated Violent Extremism.”25 This asserted expansive authorities under this development only led to further consternation definition without commensurate oversight or because, according to critics, aggregating cases transparency.17 On the investigative end, the into a broader classification has the effect of FBI has not published a report on federal “obfuscat[ing] the white supremacist threat.”26 domestic terrorism cases since 2005.18 And when it comes to domestic terrorism Complicating matters further, leaked prosecutions, the National Security Division of documents revealed that, despite the new the U.S. Department of Justice (DOJ) has never classification of “racially