Exclusive: Attorney general to detail new guidelines for domestic terrorism investigations and cases

The new guidelines, as outlined in the Department of Justice memo obtained by Yahoo News, represent significant changes in how cases and investigations into domestic violent extremism are handled by federal prosecutors across the country and procedures for tracking those cases.

The guidelines were sent to federal prosecutors across the country in a March 8 memo from Acting Deputy Attorney General John Carlin. The three-page memorandum, entitled “Guidance on Investigations and Cases Related to Domestic Violent Extremism”.

Merrick Garland
Attorney General Merrick Garland. (Mandel Ngan / Paul / Getty Images)
Among other changes mentioned in the memorandum, "Public Prosecutors must submit to review and approval" to the Anti-Terrorism Department of the Ministry of Justice in the National Security Department, any charges and related court files linking the case to domestic violent extremism. The memo stated that the Counter-Terrorism Department "seeks in its review to ensure accuracy and consistency in such descriptions in files nationwide."

The memorandum also outlines policies to standardize data collection on domestic terrorism cases. Criminal investigations or cases involving or linked to domestic violent extremism will be classified as "linked to the violence against women program". The National Security Division will then be notified "as soon as practicable" of these cases.

The memo acknowledges the complexity of tracking and coordinating domestic terrorism cases. There is no federal domestic terrorism law, and the memo seeks to provide a broad look at how the term "DVE" applies.

“What constitutes“ local violent extremism ”and how the ministry defines“ domestic terrorism ”raises important legal and political considerations. Our response must be consistent, considered, well-coordinated and informed by relevant facts and circumstances,” the memo states. 

The memo says that "the term 'domestic violent extremism' should be interpreted broadly and include all violent criminal acts in promoting ideological goals derived from domestic influences, such as racial prejudice and anti-government sentiments."

Marc Raimondi, a Justice Department spokesman, confirmed the changes, which he said are "intended to improve the Department's ability to collect Department-wide data on pending federal cases and investigations involving domestic terrorism and domestic violent extremism."

The memo was drawn up after an internal Justice Department discussion in response to increasing cases of violent attacks linked to domestic extremists, including the January 6 riot on Capitol Hill. Garland's testimony Wednesday will focus in part on these changes, as outlined in the memo, and will include a request for funding to support the changes.

Pro-Trump protesters gather in front of the United States Capitol building on January 6, 2021 in Washington, DC. (Jon Cherry / Getty Images)
Pro-Trump protesters outside the United States Capitol on January 6 (Jon Cherry / Getty Images)
"The Administration has submitted a discretionary request for increased funding to help counter domestic terrorism and domestic violent extremism," Raimondi told Yahoo News. “This includes a $ 40 million increase for the US Attorneys' Offices, including to help them manage the increased caseload. At this point, I have no further details to share about the discretionary request. "

The new guidelines emerge after repeated requests from Congress for data and statistics on the scope of the threat of domestic terrorism in prioritizing domestic terrorism across the administration. Previously, there was no mechanism to comprehensively follow up on such charges of domestic terrorism across the country.

The Division of Homeland Security tracks charges of international terrorism, and federal prosecutors must obtain approval from headquarters to pursue charges of international terrorism, but tracking charges of domestic terrorism is more complex, in part because there is no federal statute for terrorism. internal terrorism. Often times, cases are brought by state prosecutors and include charges that, at first glance, do not necessarily appear to be associated with acts of domestic terrorism.

Defendants in connection with the January 6 attack on the Capitol, for example, have been charged with various federal and state charges ranging from breaking and entering to disorderly conduct.

Having all U.S. prosecutors' offices in the country report investigations, cases, and possible charges related to internal terrorism to the Division of Homeland Security would create a repository that, according to the official, would provide a more consistent reporting metric for internal terrorism.

This plan is part of the attorney general's efforts to prioritize domestic terrorism throughout the Justice Department.

The department has faced criticism in the past both for failing to properly collect data on domestic terrorism and for failing to prioritize those groups that account for the largest number of attacks, which in recent years have been white supremacists and other right-wing groups.

"Data on PVD has historically been News Israil incomplete and insufficient to develop effective approaches to counter the threat," Mary McCord, executive director of the Institute for Constitutional Defense and Protection at Georgetown University Law Center, told Yahoo News. "The FBI, through Director [Christopher] Wray, has made clear that racially motivated white extremist violence represents the greatest terrorist threat in the United States today. The policy guidance of the Department of Justice will enhance additional resources devoted to investigate and combat News Israil white supremacists and other extremist violence by ensuring a consistent approach to investigating and prosecuting decisions, ensuring proper information and intelligence sharing, and ensuring that data is tracked and used effectively. "