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Tulsi Gabbard Warns Against the Danger of New ‘Domestic Terrorism’ Laws

The January 6 attack on the US Capitol shocked the nation. Now, as so often occurs in the wake of tragedy, some Washington politicians are using the opportunity to push for an expansion of their power—hoping Americans are too shell-shocked to object.

A bipartisan group in Congress has introduced the so-called “Domestic Terrorism Prevention Act Of 2021.” It would expand the surveillance and police powers of the national security state in the name of combatting dangerous extremism.

“America must be vigilant to combat those radicalized to violence, and the Domestic Terrorism Prevention Act gives our government the tools to identify, monitor and thwart their illegal activities,” Congressman Brad Schneider, one of the bill’s lead sponsors, said. “Combatting the threat of domestic terrorism and white supremacy is not a Democratic or Republican issue, not left versus right or urban versus rural. Domestic Terrorism is an American issue, a serious threat that we can and must address together.”

The Bill Is Drawing Backlash

We all surely agree that true domestic terrorism is reprehensible. But many progressive lawmakers are speaking out against the hasty push to expand government power and warning of the threat it poses to civil liberties. They warn these powers will undoubtedly be used against many more people and disfavored groups than just violent radicals like those who attacked the Capitol.

Former Congresswoman Tulsi Gabbard, a progressive Democrat, called this push “so dangerous” in a Fox News interview.

“We don’t have to guess about where this goes or where it ends,” Gabbard argues, “When you have people like former CIA Director John Brennan openly talking about how he’s spoken with appointees and nominees in the Biden administration who are already starting to look across our country for these types of movements… that in his words make up this ‘unholy alliance’ of ‘religious extremists,’ ‘racists,’ ‘bigots’ … even ‘libertarians.’”

“So, when you look at their process as they’re building this profile of a potential ‘extremist,’ what are we talking about?” she asked. “Are we talking about evangelical Christians? Somebody who is pro-life? Libertarians? People who attended a Trump rally?”

“[This would] lead to a very dangerous undermining of our civil liberties… and a targeting of almost half the country,” Gabbard concluded.

The concern is that government powers authorized ostensibly for use against “domestic terrorists” would wind up being wielded against much broader swaths of society.

A letter signed by 10 progressive House Democrats, including Representatives Rashida Tlaib, Alexandria Ocasio-Cortez, Ayanna Pressley, and Ro Khanna, calls on leadership to “reject reactionary demands to further erode the rights and liberties of the American people.”

“History is littered with examples of initiatives sold as being necessary to fight extremism that quickly devolve into tools used for the mass violation of the human and civil rights of the American people,” the letter warns.

Why Progressive Critics Are Right to Oppose New ‘Domestic Terrorism’ Powers

There is simply no need to expand the government’s police powers. According to New York University’s law school, “existing statutes have long provided substantial authority for the federal government to investigate and prosecute acts of domestic terrorism.”

Indeed, at least 150 people have been charged with crimes related to the attack on the Capitol. The government already has vast powers to surveil, pursue, and prosecute Americans who commit crimes or plot violence. After all, law enforcement already knew from intelligence that the planned demonstration at the Capitol could turn violent. Their failure to adequately prepare for it was not due to a lack of information or authority.

Some might wonder, well, how could it hurt to give them more tools? Better safe than sorry, right?

This is an understandable impulse but deeply naive as a permanent conclusion. There’s good reason to think that “domestic terrorism” government powers would wind up targeting many Americans—because we’ve seen the same dynamic play out before, time and time again.

Passed in the wake of the tragic 9/11 terrorist attacks, the Patriot Act gave the federal government enormous surveillance powers.

For example, it authorized “sneak and peek” searches, allowing government officials to search someone’s home or office, take pictures, and even sometimes confiscate property, yet only inform them after-the-fact. According to the ACLU, 76 percent of sneak-and-peak searches have occurred in drug enforcement cases, with less than 1 percent actually happening in terrorism-related-cases.

The Patriot Act also created a new pathway for FBI agents to access Americans’ personal information, such as phone records, computer records, credit history, and banking information. Per the ACLU, of the 192,500 such records examinations the FBI made from 2003 to 2006, only one led to a terrorism conviction. (And the ACLU says that conviction would have been obtained without Patriot Act.)

All of this doesn’t even touch on the way post-Patriot-Act mass surveillance caught up millions of innocent Americans, as exposed by National Security Agency whistleblower Edward Snowden.

There’s plenty of precedent that suggests these abuses can be explicitly political, too.

“Government agencies—including the FBI and the Department of Defense—have conducted their own spying on innocent and law-abiding Americans,” the ACLU reports. “Through the Freedom of Information Act, the ACLU learned the FBI had been consistently monitoring peaceful groups such Quakers, People for the Ethical Treatment of Animals, Greenpeace, the Arab American Anti-Defamation Committee and, indeed, the ACLU itself.”

We might give the government vast new powers to fight “domestic terrorism.” But it’s inevitable that these same powers will eventually be used against millions of Americans who have nothing to do with such extremism.

The Big Picture: We Must Resist Rushing Through Bad Ideas Amid Emergencies

There’s a lesson here that extends beyond the specific debate over surveillance powers and the War on Terror. In times of crisis and emergency, enterprising politicians will always seek to exploit the situation to expand their own power. Too often, scared citizens go along with these power grabs.

This is the danger economist Robert Higgs identified in his seminal work Crisis and Leviathan as “the Ratchet Effect.”

Higgs showed how throughout history, crises have been used to excuse government power grabs. After each crisis, the government lets go of some of the power, but never all of it. As a result, the federal government’s power (the Leviathan) has “ratcheted up,” crisis after crisis, throughout the last hundred years.

Progressives, conservatives, and libertarians alike must stand firm against the latest push to infringe on civil liberties in the name of combating “domestic terror.” Otherwise, sweeping powers granted amid crisis will undoubtedly be used against millions of Americans who did nothing wrong on January 6.

This article was originally published on FEE.org

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6 Comments

  1. This is the lefts threat to punish Trumpers for voting against the usurper. Does the left really believe that law abiding citizens will just allow them to persecute us like the did our duly-elected President. We dont want to have a civil war but it looks like the left is pushing us in that direction so they can justify imprisoning or slaughtering half of America. OMG. These monsters are far worse than Hitler.

  2. We can thank BO for discovering a devout Muslim languishing away in an obscure position. BO wasn’t going to have that. Being a man with an Islamic family history, he decided to make this soldier of Allah his chief of the CIA. How enlightened can you get! Of course, BO hadn’t quite recovered from the glee of winning the presidency of the U.S. so he never was able to display his normal trend line, but he persisted by hiring a Comedy Hour cast of operatives to kkeep his administration on the far Left side of abnormal. Susan Rice, Lurch and Eric were just a few of the folks that kept his Administration humming along.

    But, given our recent experience with a team of Islamists, inspired by OBL, it had to be seen as raw gall to put a person like John Brennan in charge of our premier intelligence agency! He remains an outlier in terms of his political activism, of course favoring the far Left. You would, of course, predict he would be a virulent anti-Orange Man operative, and he rarely disappoints.

  3. Brennen is a self-loathing fool. So are the Dums who listen to him. They hate whites, themselves included, because they’ve been told that’s the trendy thing to do. They have watched non-whites and BLM/Antifa terrorize neighborhoods in large cities yet they can’t bring themselves to call them what they are – domestic terrorists. But as soon as some fools attack one of their hallowed halls they blame President Trump and use that as an excuse to make all these new anti-domestic terrorist laws . This administration, in its infancy, is scarier than any other in this country’s history. They shouldn’t assume conservatives are are as scared as they are, tho’.

  4. They paid & organized the capitol event because they knew we were going to go there & complain, Same foot print as all the other so called peaceful riots, Community organizer at work behind the scenes. I can’t believe this is all happening & why are we letting them get away with it. From Fast & furious, Benghazi, Hillary’s server All the Bogus investigations & hearings, the election fraud which was so obvious that you could tell that they could tell you could tell, They blew up Nashville to hide the evidence for God sake, & now we have braid dead Biden doing everything but helping America during these times & now this. We have to stop this rouge government. Who is going to lead the charge?

  5. When I hear the term
    “Domestic Terrorism”,
    the first groups that come to my mind are ANTIFA and BLM.

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