Part Two: Domestic Security

If you watch the news, read a paper, or just surf online, you’ll see people bandy about terms like “coup” or “insurrection” or “treason” or “rebellion”. Some have no idea what they’re talking about, while others have as much or more experience in these issues as I do (thirty-eight years, to be exact). I continue to disagree even with the latter group for one simple reason: while they make studious and serious cases for such language, their reasoning is driven by their emotions, rather than having their emotions prompted by their reasoning. Let me explain.

In these United States, we traditionally treat violence directed at any lawful authority (federal, state, local, tribal or territorial) as a criminal matter, NOT as a national security matter. Even after 9/11, we only unified disparate elements into a Department of Homeland Security to improve information sharing amongst the various border and air/sea port authorities and with non-federal authorities. The FBI retained investigative authority against federal crimes (less counterfeiting and threats to the President et al, which belong to the US Secret Service in DHS).

Why in the wake of the worst terror attack in US history did this remain the case? Because we place such value on individual liberty and freedom of speech that we chose NOT to infringe them even under threat of tremendous assault. You remain free to think the most vile, phobic, sexist, racist thoughts you can imagine. You can even gather together (really or virtually) and share those disgusting thoughts and comments with others. Up to the point you plan violence or take a specific act, you remain free. Even if your target was the US government.

A short digression, if I may. I worked the domestic security issue at DHS in 2010, when a certain Faisal Shahzad attempted to set off a car-bomb in Times Square. He was a naturalized US citizen born in Pakistan who was married, had children, owned a house, had a job and was completing a Master’s degree. He traveled to Pakistan once, where he had family. He was self-radicalized, although we later learned he had attended a bomb-making school while in Pakistan. After the 9/11 attacks, a friend heard him say “they had it coming.” That was it. Ten years later, the first truly obvious illegal thing he did was double park an SUV full of explosives in Time Square. This was the risk we accepted, even after 9/11.

We treated it as a crime, and we never turned the elaborate, powerful US Intelligence Community apparatus against the domestic threat. Why? US intelligence could no doubt gather the information to determine all kinds of nefarious intentions domestically. But it would also gather reams of information that represented nothing more than citizens exercising their constitutional rights. The cost to liberty was simply too high a price to pay for effectiveness against this threat.

“Yes, yes,” I hear you think, “but this Capitol Hill assault was a direct attack on our system of government!” and you are correct. But what was the civil war, if not such an attack? And no southerners were ever executed for treason, and its leaders weren’t even tried for it. Lincoln and later Johnson pardoned most accused of these and related crimes, despite the fact they had taken up arms and violated oaths. Even northerners who sided with the Confederacy generally ended up with leniency.

If we invoke national security language like coup or legal terms like treason or insurrection we change the rules of the game. The former calls into play the Intelligence Community or the US military, and no sane American should want that: I can tell you that many intelligence and military professionals would quit rather than comply. The latter lower the bar to crimes which should remain rarely–if ever–charged. The Insurrection act is triggered solely by the President in cases when “unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States” and allows him to deploy the military (Posse Comitatus notwithstanding!) to handle it. Yikes! People want to use these terms because they are upset and want to make a statement, but this is bad policy. Why would anyone want to set a new, lower standard for such crimes, knowing that someday it will be used against others?

One final story about domestic security to pull it all together. There are groups in the United States who disavow the legitimacy of the federal government: Sovereign Citizens comes to mind. They don’t pay federal taxes, they resist even traffic citations, they seize government buildings and assault government officers. All the time. All over the country. Most of the members of this movement are harmless followers who don’t follow through, but there are violent activist members, too. If there ever was a group eligible for charging under some of these terms, they are it. These are not right-wing nuts or left-wing nuts, these people are just plain nuts. Yet we let them go, only charging them with tax evasion or fining them or imprisoning them if they conduct a violent attack. Why?

Back in 1993, a man named David Koresh led a cult-like commune called the Branch Davidians in Waco, Texas. His outlandish behavior and alleged abuse of children brought him to the attention of Texas authorities who could not substantiate any charges. Eventually, Texas got the US Bureau of Alcohol Tobacco and Firearms (USBATF) involved due to suspicions about weapons at the Davidian compound. When USBATF raided it, a firefight ensued and four federal agents (and six Davidians) were killed. This brought the FBI into the case, as the death of federal agents is a federal crime. The FBI under Attorney General Janet Reno laid siege to the compound for fifty-one days, then, attempted to force them out using tear gas and a US Army combat engineer vehicle. The compound caught fire (probably set by the Davidians), and seventy-nine Davidians (including twenty-one children) died.

But that was not the end of the story. You see, a young man named Timothy McVeigh was a protester outside the siege. He had no interest in the Davidians or their cult, but he was pro-gun rights, and the ensuing violence left him a changed man bent on revenge. Two years later, he got his vengeance by blowing up the Alfred P. Murrah Federal building in Oklahoma City on the anniversary of the Waco fire.

Waco wasn’t handled in a routine criminal way. The US government created martyrs at Waco, and reaped the result. It is important to note that the rightness or wrongness of what the government did was irrelevant.

The question before each of us is simple: do you want righteous vengeance or domestic tranquility? You can not have both.