About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 1 (January 13, 2021)

handle is hein.crs/govebkl0001 and id is 1 raw text is: 







               Congressional
            **Research Service






Domestic Terrorism and the Attack on the

U.S. Capitol



January 13, 2021

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

 CRS INSIGHT
 Prepared for Members and
 Committees of Congress