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Expansion of domestic terrorism laws profoundly threatens democracy
Someone I know recently described a strange and shocking situation they had with a neighbor they barely know. The neighbor tentatively came over to ask if they were in any way going to cause trouble with her because she voted for President Joe Biden and she believed based on the free speech bumper stickers on their car that they were Trump supporters.
She said she was terrified that someone could be a domestic Trump terrorist and target her home. She had been in her house since last March due to COVID-19 and had been watching the news 24-7.
It’s sad but true that the rhetoric since Jan. 6, from lawmakers is dangerous to how Americans perceive one-another, as well as civil liberties. It is in my opinion a mission creep to a surveillance society born out of fear and one in which American democracy is threatened.
One example was House Speaker Nancy Pelosi, when she said Trump was a “danger to the nation…We know that the President of the United States incited this insurrection, this armed rebellion against our common country. He must go, he is a clear and present danger to the nation that we all love.” She also said, those “insurrectionists were not patriots. They were not part of a political base to be catered to and managed. They were domestic terrorists and justice must prevail.”
What does this mean exactly? These are the terms that have been attributed to Trump supporters. It’s not just those that broke the law, committed criminal acts and were part of the destruction on Capitol Hill Jan.6.
And now, lawmakers are going much further, pushing to expand the powers of the DHS, FBI and DOJ. Those powers will allow law enforcement to more readily surveil Americans. It is an effort, they say, that is needed to root out the growing and alleged threat of domestic terrorism.
Strangely these so-called domestic terrorist groups, linked to white supremacists, surfaced predominately without warning in January. According to Democrats who are pushing for the expansion of surveillance powers, these groups are a direct threat to a democracy and the White House.
On Tuesday, the Senate Homeland Security and Government Affairs and Rules and Administration Committees, held the hearing on Capitol Hill regarding the Jan. 6, riots, including the issue of domestic terrorism. The discussions not only focused on the events of that tragic day and how they transpired but what is needed to prevent these American terrorists from acting again.
I recently sent an email to the FBI asking how their investigation into the crimes committed on Jan. 6 were conducted and if those authorities exceeded similar riots that occurred the summer before in Washington D.C. and Portland, Oregon. I also wanted to know under what authority did the FBI have to request the bank records of Bank of America customers on or around the day of the Capitol riots.
In a breaking report on Fox News’ Tucker Carlson’s show, bank records obtained by the network show that BofA turned over the financial data of 211 of its customers. Those customers were caught up in a huge dragnet the bank conducted of its clients who happened to use credit and debit cards on or around the Jan. 6 riots. Those records were turned over to the FBI without a warrant.
The response I received from the FBI is as vague as the legislation currently being proposed by lawmakers to expand the authorities to surveil American citizens.
“The FBI conducts investigations into violations of federal law regardless of who the actors are or their motivations using our existing legal authorities,” stated the FBI in an email to me. “Our focus is on individuals who engage in illegal activity. We do not focus on group membership or ideology. The FBI does not and cannot designate domestic terrorist groups.”
The FBI added that “the FBI can never initiate an investigation based solely on an individual’s race, ethnicity, national origin, religion, or the exercise of First Amendment rights.”
The FBI’s answers did not address the very serious nature of the questions I sent to the bureau ( I have listed those questions below). Of course, the FBI cannot designate domestic terrorist groups but that doesn’t mean it won’t investigate those it believes are threats and under new proposed laws it can mean almost anyone. It also doesn’t mean that the FBI will not be given the authority to expand its surveillance powers of Americans by Democratic lawmakers.
“We are looking into the circumstances surrounding the Jan. 6 riots and the authorities used by the bureau to investigate Americans in or around the Capitol,” said a Congressional official, on condition of anonymity.
Those powers, however, are just the tip of the iceberg. One of the most profoundly concerning threats to American civil liberties is bill H.R. 350. It is the proposed Domestic Terrorism Prevention Act, introduced by Rep. Brad Schneider, D- Illinois.
He stated, that the “Domestic Terrorism Prevention Act gives our government the tools to identify, monitor and thwart their illegal activities. 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 the we can and must address together.”
The bill was introduced on Jan. 19 and it says it aims to “strengthen law enforcement efforts to prevent, report on, respond to and investigate acts of domestic terrorism.” But all one needs to do is look at how broad the bill is and the details contained there-in.
It will go far beyond investigating criminal activity and instead will be used to monitor Americans. It will allow the FBI and other law enforcement to report on citizens they suspect may commit a crime in the future. The bill also designates the DHS, the Department of Justice and the FBI to monitor “domestic terrorism” threats, with a specific focus on white supremacists. I still haven’t seen any documentation suggesting there is an extraordinary threat to our nation from these groups or others.
Democrats pushing to expand domestic terror laws fail to explain what organizations are directly threatening the government. The rhetoric has focused mainly on Trump supporters and the incidents that occurred as the riot broke out on Jan. 6 at the Capitol Building. That rhetoric in my opinion has been used to ostracize the roughly 75 million Americans who voted for Trump from those who didn’t.
It is dangerous in so many ways. It pits neighbor against neighbor, Americans against the system and breeds distrust in the government. More concerning, is the appearance that once again – like was discovered in during the now debunked FBI Trump Russia investigation – the bureau is being weaponized for political purposes.
Rep. Michael Waltz, R-Florida, who sits on the House Armed Services Committee, and is familiar with intelligence threats, told me on a recent appearance with “The Sara Carter Show” that he will seek answers from House Speaker Nancy Pelosi, and other top Democrats, that claim there is a continuing threat to the nation’s Capitol. He says as of yet, Democratic lawmakers have not answered these questions clearly and he is deeply concerned with the expansion of surveillance powers being requested.
“I will continue to push, I can promise you,” said Waltz. “I’m on Armed Services Committee, I’m on the science space and technology committee we’ll continue to push because I know the right questions to ask having served in the Pentagon, served downrange, served in the White House. And now in Congress, I know how these things work. I know how they should work anyway. I know how things get hid, as you well know behind classifications. And I promise you, we’ll get to the bottom of it.”
As for my questions regarding Bank of America’s decision to share banking information with the bureau or if other banks participated in sharing similar information, the bureau asked me “to reach out to the Treasury Department.”
Treasury Department officials could not be immediately reached for contact but this story will be updated if and when they do.
Questions I Sent the FBI:
First question, was Bank of America the only bank the FBI obtained information from? If not, what other banking institutions assisted the FBI with this investigation?
Did the FBI request any other information from businesses connected to their ongoing investigation – for example, did the FBI obtain video surveillance from Airbnb’s customers or city wide surveillance footage associated with any businesses?
Moreover, did any of the banking institutions contacted by the FBI refuse at any point to turn over information on their customers?
Also, did the FBI obtain any warrants to conduct these seemingly intrusive investigations? If so, how did they determine what and who they would be collecting on? Did they use surveillance footage to determine who was in the crowds were that needed to be investigated – if so, were there any other methods in place – for example, did the FBI cast out a large net in an effort to determine who may have crossed the line on Jan. 6, from rally goer to rioter, or insurrectionist?
Did the FBI employ the same investigative techniques and request the same information from banking institutions during the riots that led to the fire of St. John’s Epicopal Church across from the White House in June, 2020?
Did the FBI open domestic terrorist investigations when people allegedly associated with BLM (Black Lives Matter organization), along with others connected to Antifa, as well as other left wing organizations rioted and clashed with police and secret service outside the White House during that month of June? If so, how many banking institutions provided the FBI information on their customers?
Also, did the FBI request cellular data on these protestors, as was done on January 6, 2021?
In Portland, Oregon – riots also erupted and held the city hostage (businesses were shuddered, looted and burned) in June, 2020. Did the FBI employ the same tactics of investigation in Portland to determine who pillaged the city and did the FBI investigators collect data from the banking institutions to monitor the activities of the people in the area in Portland at the time?
If so, what banking institutions did the FBI request the information from and which ones agreed to provide the information? What information was provided?
What banking institutions refused to provide information, if any? Also, what determines the FBI’s definition of a domestic terrorist group (what is the FBI’s definition of an insurgency) …
Is Antifa, for instance considered a domestic terrorist group, if not, why?
What groups were behind the January, 6 insurrection? Have they been in existence for a long time and are there any new groups we are unaware of?
President Biden said there is a rise in White Supremacist groups in the United States – can the FBI provide the detailed information to support these facts and where these groups are located?
Is there still a serious credible threat against Capitol Hill and again, what groups are behind the threats?
Questions emailed to the FBI, Jan.19, 2021
You can follow Sara Carter on Twitter @SaraCarterDC
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EXCLUSIVE: Former Trump appointee explains an ‘America First Strategy’ in the ME
The author interviewed Ellie Cohanim, one of the authors of the new book: “An America First Approach to US National Security.” Ellie is the former U.S. Deputy Special Envoy to Monitor and Combat Antisemitism under the Trump administration. She is currently a Senior Fellow with the Independent Women’s Forum focusing on Iran, Israel, and global antisemitism, and is a national security contributor for the Christian Broadcasting Network. In 2021, Ellie launched and hosted for Jewish News Syndicate 30 plus episodes of the show “Global Perspectives with Ellie Cohanim.” Ellie spent 15 years in media and NGO management before serving in the public sector. How would you define an “America First” strategy in the Middle East?
Cohanim: An America First strategy in the Middle East would seek to advance American national security interests in that region, while maintaining our status as THE global superpower. To do that, the US would ensure that our principal allies in the region, countries like Saudi Arabia and Israel, are economically and militarily strong, and that our adversaries in the region are deterred.
Postal: How has the United States’ standing in the Middle East differed between the Trump and Biden administrations?
Cohanim: Under President Trump, for four years we had peace, stability and prosperity in the Middle East/North Africa (MENA) region. Under President Biden, in just three tumultuous years there has been war in the region, which holds the potential for becoming a regional conflict and even a nuclear confrontation. Meanwhile, the US’ status in the region and the world has diminished due to Biden’s disastrous mishandling of the Afghanistan withdrawal, his emboldening of the Islamic Republic of Iran, and his weak response to Iranian attacks on our personnel and assets in the region.
It was my honor to join @SaraCarterDC on #TheSaraCarterShow: https://t.co/LooiFkxx34
— Ellie Cohanim (@EllieCohanim) March 12, 2024
Postal: Do you think the United States and Israel are/were in a stronger position to deter Iran’s nuclear and territorial ambitions in Biden or Trump’s administration?
Cohanim: America’s position of strength has not changed under either administration vis-à-vis the Islamic Republic of Iran. What has changed is our Iran policy. Under President Trump’s administration, the US contained and constrained Tehran. Trump applied a “Maximum Pressure” sanctions campaign which left the Iranian Regime with only $4 billion in accessible foreign currency reserves by the end of his term, giving the Iranians less cash and less ability to fund their terror proxies and their nuclear program, and Trump eliminated Qassem Soleimani. While all President Biden needed to do was to continue implementing such successful policies, his administration instead did the exact opposite. Under the Biden administration, Israel, our leading ally in the region, was attacked for the first time directly from Iranian soil. This was an unprecedented escalatory attack by the Iranian regime, and could only happen under the Biden administration.
Postal: In your chapter of the book, you discuss the weakening of US relations with Israel and Saudi Arabia under the Biden administration. How has the Biden administration affected the likelihood of future normalization between Israel and Saudi Arabia, and deals between Israel and other Muslim countries (i.e., new Abraham Accords)?
Cohanim: The good news is that the Abraham Accords have withstood the test of multiple Hamas provocations against Israel, and now the current war. Despite numerous claims from the Biden administration regarding “successful” efforts to normalize ties between Saudi Arabia and Israel, I do not think that the Biden administration will be able to clinch such a deal. In the Middle East, people have a long memory. Saudi Arabia’s de-facto ruler Crown Prince Mohammed bin Salman (MBS) has not forgotten President Biden’s snub when he first came into office, and Biden’s incredibly poorly advised behavior towards the Crown Prince when he made his first visit to the Kingdom as president. The last thing the Crown Prince wants is to hand Biden his first foreign policy success with a Rose Garden peace deal ceremony. So, I do not believe President Biden can broker Saudi/Israeli normalization.
However, I am also convinced that it is a matter of “when” and not “if” such a peace deal will happen between those two countries, as it serves both of their interests to make such a deal. The Saudis understand better than anyone that it is the Islamic Republic of Iran that threatens the Kingdom’s security and stability, not Israel.
Postal: What do you think of the Biden administration’s latest statements withholding arms to Israel?
Cohanim: President Biden will go down in history for his abject moral failure in not standing by Israel while she fights a five-front war. Biden has shown his despicable personality for trying to keep his anti-Israel arms embargo concealed until he could first deliver a speech on the Holocaust. Biden’s behavior is despicable on so many levels.
Ultimately, Biden is betraying the American people. He came into office presenting himself as a “centrist Democrat,” but has proven repeatedly to be beholden to the radical, extremist, pro-Hamas wing of his party.
Postal: How does the Biden administration’s support of a Palestinian state differ from the Trump administration’s support of a Palestinian state under its Peace to Prosperity framework?
Cohanim: The Biden administration stated that they will “unilaterally recognize” a Palestinian state. What the borders of that state are and who would lead it, nobody knows.
The Trump administration’s “Peace to Prosperity” was a detailed plan that was premised on the realities on the ground in Israel. The plan required that the Palestinians reach benchmarks proving a real desire to live in peace with their Israeli neighbors. It included over $50 billion in investment in the region, which would have been a road to prosperity for all. Perhaps most significantly, the Palestinian state envisioned under the Trump plan would have been demilitarized, the wisdom of which could not be more clear following the October 7 massacre and attack.
The author would like to thank Ellie Cohanim for participating in this interview.
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