Domestic Terrorism and the Attack on the U.S. Capitol

"On January 6, 2021, a large group of individuals breached the U.S. Capitol security while Congress was in session. Members were voting on whether or not to certify President-Elect Joe Biden’s election victory, and many participants in the attack allegedly intended to thwart this effort. According to media coverage, violent participants injured scores of District of Columbia Metropolitan Police and U.S. Capitol Police officers and killed one, while four civilians have died as well. In light of this incident and the violent threat to the operation of the U.S. Congress, policymakers may be interested in whether this incident may be treated as domestic terrorism and if the participants are domestic terrorists, among other issues. This Insight discusses whether or not participants and their actions may be categorized as domestic terrorists and domestic terrorism, respectively, and issues around designating domestic fringe groups, such as the Boogaloo Bois and Proud Boys who were allegedly involved in the attack, as terrorist organizations. It concludes with possible next steps for Congress.

Is this domestic terrorism?

The federal definition of domestic terrorism describes domestic terrorists as Americans who commit ideologically driven crimes in the United States but lack foreign direction or influence. The Federal Bureau of Investigation (FBI) generally relies on two sources to define domestic terrorism. First, the Code of Federal Regulations characterizes “terrorism” as including “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.” Second, 18 U.S.C. §2331(5) more narrowly defines “domestic terrorism.” This definition comes from Section 802 of the USA PATRIOT Act (P.L. 107-56). According to 18 U.S.C. §2331(5), domestic terrorism occurs primarily within U.S. territorial jurisdiction, and involves

(A) acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or Congressional Research Service https://crsreports.congress.gov IN11573 Congressional Research Service 2
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.."
Domestic Terrorism