Racial Double Standards in a Mass Shooting Threat Case: David Lenio & White Nationalism

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This article appears in the Spring 2016 edition of The Public Eye magazine.

When I worked for a gun violence prevention organization in 2015, I often spent time on Twitter as part of my job.1 And that’s what I was doing on Valentine’s Day 2015: tweeting worldwide news2 about two deadly shootings in Copenhagen, Denmark. One of the shootings was at a free speech event in a café and the other was at a local synagogue, both following the publication of controversial cartoons depicting the Prophet Muhammed.3 My tweets drew the attention of a Holocaust denier who, I subsequently learned, was also a White nationalist who owned three guns and lived on the outskirts of a White separatist community in Montana. His online interactions with me over the next few hours led me to discover that one day before, and episodically over the previous seven weeks, he had tweeted threats to shoot grade school children and Jewish leaders.4 During our encounter, he repeated some of these threats, specifying that he wanted to “put two in the head of a rabbi.” I reported him to the FBI and to local law enforcement as a potential mass shooting threat who also appeared to be planning a suicide-by-cop scenario.5 (Apparently referring to how some mass shooters have been killed by police, the man tweeted his desire to massacre school children “until cops take me out.”6) “Thank God Monday is a holiday,” one officer in Montana later told me, “because we have another 24 hours to catch him before the schools open.” And catch him they did. Two days after our Twitter encounter, police arrested David Joseph Lenio, a 28-year-old who had recently moved to Kalispell, Montana, from his parents’ home in Grand Rapids, Michigan.7

Photo of author Jonathan Huson on the documentary, Hate in America: A Town on Fire by Investigative Discovery released in 2016 talking about David Lenio's case,

Author Jonathan Hutson in the 2016 documentary, Hate in America: A Town on Fire, which is about David Lenio’s case. Photo courtesy of Investigation Discovery.

This essay explores two journeys. One is that of a wealthy and privileged young man who sought a White supremacist “homeland,” but ended up taking a detour through the criminal justice system, before being released this spring without bail and without facing prosecution. The other journey is my own: the story of what happened after our paths crossed and what I learned from our respective involvements in the judicial system and what those experiences say about the state of race and justice in the United States.

While people of color and Muslims encounter many “on-ramps” into the system, a White mass shooting threat suspect instead found numerous easy exits and “Get Out of Jail Free” cards.

I didn’t know it then, but getting involved in Lenio’s case would change my life and inform the national conversation about how to detect and deter online threats of mass violence.8 From this relatively front row seat to the legal process, I would come to witness what many communities of color already have intimate knowledge of—the structural disparities in the U.S. criminal justice system. While people of color and Muslims encounter many “on-ramps” into the system, a White mass shooting threat suspect instead found numerous easy exits and “Get Out of Jail Free” cards.9 The case would come to illustrate the kind of disparate prosecution of far-right terrorism cases which Naomi Braine has detailed in these pages, writing in the Spring 2015 issue of The Public Eye that:

The differential treatment of Islamic and far-right terrorism cases only becomes explicable through the lens of political calculation. The Right Wing is an entrenched element of the U.S. cultural and political power structure, raising the costs of high profile law enforcement action. The primary targets of federal anti-terrorism investigations have been Muslim men defined by their vulnerability rather than their power.10

Perhaps law enforcement obtains more convictions of Muslims because the FBI focuses on Muslim communities, and constructs scenarios to entrap their members, while simultaneously failing to act promptly on information about possible terror threats from the Right until their militant actions become all but impossible to ignore.

Much of this story plays out on Twitter, where David Lenio’s tweets serve as road markers for an ideological tour of the outer reaches of the Far Right, its culture of conspiracism, and the xenophobic anger of White men who feel dispossessed of their economic birthright in the kind of fury that drives the supporters of Donald Trump.

The Making of ‘A Potential Terrorist’

He would go on to find a calling as part of a populist, nativist movement which advocates the rise of a new strongman in the U.S., scapegoats minority groups, and seeks to establish a White homeland in the Pacific Northwest under authoritarian rule.

At the time of his Twitter spree of horrific threats, Lenio was a line cook in a restaurant who falsely claimed he was homeless and blamed his economic struggles on Jews. He would go on to find a calling as part of a populist, nativist movement which advocates the rise of a new strongman in the U.S., scapegoats minority groups, and seeks to establish a White homeland in the Pacific Northwest under authoritarian rule—an ideal most adherents call the Northwest Territorial Imperative11 and which Lenio sometimes calls Cascadia.12 In the bio of one of his several Twitter feeds, Lenio indicated his support for 9/11 conspiracism and bombastically described himself as “a potential terrorist.”13 This picture is far different than the one we could paint of Lenio, as the snowboarding son of an influential investment banker in one of Michigan’s most affluent cities.

Lenio’s father, Remos Joseph Lenio, co-founded a private investment bank in Grand Rapids, Michigan, in September 2015.14 For decades, he has specialized in serving closely held, family-owned businesses. A conservative Christian who shows support on Facebook for libertarian conservative congressman Justin Amish (R-MI)15 and the libertarian classic Atlas Shrugged, Remos Lenio also shares close business, social, and philanthropic ties16 with the billionaire Dick and Betsy DeVos family of Grand Rapids.17 The elder Lenio also seems to share the DeVos’s vision of turning Grand Rapids into a “Christian Wall Street.” He initiated the $28 billion church financing industry’s first-ever loan syndication deal when he was a partner in Hartwick Capital of Grand Rapids in 2004. Lendees included mega-churches such as Mars Hill Bible Church,18 where Betsy DeVos serves on the board in nearby Grandville, Michigan.19

The multi-billion dollar fortune of the DeVoses, who are Christian Right leaders and one of the conservative movement’s guiding families, flows from their founding of the Amway Corporation. As Mother Jones reports, “DeVos family members have invested at least $200 million in a host of right-wing causes—think tanks, media outlets, political committees, evangelical outfits, and a string of advocacy groups. They have helped fund nearly every prominent Republican running for national office and underwritten a laundry list of conservative campaigns on issues ranging from charter schools and vouchers to anti-gay marriage and anti-tax ballot measures.”20

David Lenio’s own political evolution may have begun with his father’s politics, but it appears to have spanned a wide range of conservative ideologies, from Ron Paul Libertarianism21 to the Far Right.22 Though his religious identity is unclear from his public statements, Lenio has described himself in a Twitter bio as a supporter of the Second Amendment “and Jesus, too.”23

Rather than publicly identify with any particular ideological camp, Lenio seemed to exemplify the free-floating anxieties and rage of some White men who feel dispossessed.

But his politics diverged from conventional libertarianism and Christian Right positions at some point, taking a turn towards the conspiratorial and the overtly White supremacist. Rather than publicly identify with any particular ideological camp, Lenio seemed to exemplify the free-floating anxieties and rage of some White men who feel dispossessed. His tweets often focused on mass shootings and terrorist attacks, which he invariably labels as “false flag” attacks—covert operations perpetrated by Israel or the CIA. He claimed on one occasion that Israel was behind the massacre at Sandy Hook Elementary School in Newtown, Connecticut (which he called “Sandy Hoax”),24 and on many other occasions, charged that Israel was responsible for 9/11. He also wrote in support of White separatist movements, tweeting in November 2014, “White people need to organize racially, because the other races & democrats are organizing on some anti-white bullshit that needs countering.”25

A month after that tweet, he moved to the town of Kalispell in Montana’s Flathead Valley, which is well-known on the Right, as well as in human rights and law enforcement circles,26 as a locus of one of several White supremacist enclaves known collectively as Pioneer Little Europe (PLE).27

The PLE movement was founded over a decade ago to be, in the words of its organizational prospectus,28 “a conscious white community” that “comes to dominate a geographical area.” Investigative reporter Judy L. Thomas writes:

The manual describes a plan to “swamp” a target area by taking over its local political and economic systems, forcing out those who don’t share their beliefs. White nationalists would live in close proximity to businesses that offer cultural facilities and services, some of which would openly support their political revival.

The movement has gained some traction in Montana.

In the past few years, dozens of white supremacists have relocated to the Flathead Valley, where civil rights activists say they are forging alliances with anti-government Patriots because of their shared hostility toward the government. 29

A Citizen Report

On the day that he arrived in Kalispell in late December 2014, Lenio tweeted his desire to shoot up a grade school in the town, linking his threat to his economic situation. “I David Lenio,” he wrote, “am literally so indebted & #underpaid that I want to go on a sandy hoax style spree in a kalispell, MT elementary #school 2014.”30

Over the next several hours, he fired off four similar tweets.31 He wrote that he wondered how long it would take before he generated national media coverage and other forms of attention for beating the “shooting spree high score” of the 20 kids and six adults who were massacred at Sandy Hook Elementary School—one of the deadliest school shootings in U.S. history.32

Jonathan Hutson’s tweet asking about the location and identity of @PyschicDogTalk2 on Febuary 14, 2015. Photo courtesy of Investigation Discovery.

From that day until his arrest about six weeks later, his tweets focused obsessively on mass shootings. At times, it appeared that he was grappling with his mental health, as with this February statement: “If I can’t even afford habitat to live on, why the fuck shouldn’t I shoot up a #school and #teach the world something about ‘mental health’?”33 In a prior YouTube video posted in August 2012,34 Lenio voiced a desire for the kind of infamy that comes to mass shooters. He also expressed a distrust of psychiatry and prescribed medications, as well as a fear that his guns might be taken away if he were found to be seriously mentally ill in a way that could make him a danger to himself or others.35

When a White male suspect threatens or carries out a mass shooting, the public conversation often rejects the label of terrorist while highlighting the suspect’s perceived mental state in an attempt to explain his acts.

Lenio’s tweets suggest that, consciously or not, he was setting himself up to be viewed as mentally ill—a factor which, if he could prove it, might mitigate his guilt. That he would introduce this concept is not surprising. When a White male suspect threatens or carries out a mass shooting, the public conversation often rejects the label of terrorist while highlighting the suspect’s perceived mental state in an attempt to explain his acts primarily as a result of mental illness, which could result in an acquittal or a lighter sentence. “It’s as if one cannot, according to the conservative playbook, be both white and a terrorist,” writes Black Lives Matter activist and Daily News columnist Shaun King.36

In contrast, when a person of color or a Muslim engages in similar behavior, the public conversation tends to disregard questions of possible mental illness while emphasizing the suspect’s ethnicity or religion. This dynamic, and the racial double standard it represents, stymies discussion of how White male privilege or even White supremacist ideology—a potentially aggravating factor that could result in a harsher sentence—motivates violence.

It’s also ironic, since White males commit a majority of mass shootings in the U.S. According to data compiled by Mother Jones on 80 U.S. mass shootings between 1982 and 2016, White suspects, almost exclusively males, were responsible for around 60 percent of the attacks.37 That survey notes that most of the shooters had displayed signs of possible mental illness, such as paranoia and depression. The report’s lead author concludes, “Maybe what we need is a better mental health policy.”38

But the fact that most of these shooters displayed signs of possible mental illness does not amount to proof of mental illness, nor does it demonstrate causality. In 2014, Eric Madfis, an Assistant Professor of Criminal Justice at the University of Washington, used an intersectional approach to examine the disproportionate rate of mass killings by White men in the United States. He reached a different conclusion:

Among many mass killers, the triple privileges of white heterosexual masculinity which make subsequent life course losses more unexpected and thus more painfully shameful ultimately buckle under the failures of downward mobility and result in a final cumulative act of violence to stave off subordinated masculinity.39

But whatever his motivations and mental health status, by February 12, 2015, Lenio was calling for the rise of a new strongman—“a Hitler”—to lead a White supremacist movement in fixing the U.S. economy, and stating that he was prepared to go down in a hail of bullets while killing Jews. He continued the same day with the “bet” that he could easily kill a dozen schoolchildren, which, he claimed, “Sounds better than being a wage slave.”40 Minutes later, he imagined more than 30 dead grade school students and called attention to his motives by tweeting, “I bet I’d take out at least a whole #classroom & score 30+ if I put my mind to it.” He then wrote. “#Poverty is making me want to kill folks #mental health.”

FBI studies show that terrorists, including school shooters, often signal their intentions in advance—sometimes to peers or authority figures, and other times to complete strangers.41 While I would normally ignore such hateful rhetoric, David Lenio seemed to fit the profile with the dozens of threatening tweets he’d posted since arriving in Kalispell. When Lenio began to confront me on Twitter, after my own tweets related to the shootings in Copenhagen, I read through his feed and became concerned. I saw his repeated threats to shoot schools and synagogues, and tried to crowd-source the problem of identifying and locating him, tweeting, “WHO and WHERE is @PsychicDogTalk2, who tweeted on Feb. 14 about shooting up a school and executing grade school kids?” Lenio responded by asking where my kids go to school.

I decided to make a citizen report to law enforcement, sending a timeline of Lenio’s threatening tweets, contextual information about Lenio’s apparent White nationalist sympathies, and a profile overview of his threats and his seeming desire for a suicide-by-cop scenario.

When police investigated the next day, on February 15, they discovered that Lenio had taken steps to put his ideas into action: he’d retrieved a cache of rifles and ammunition from a storage locker near his apartment.42 He also had a loaded semi-automatic handgun with him in his van at the time of his arrest and two extra ammunition clips, as well as several jugs of urine—materials that could potentially be used to create a primary charge for a bomb.43

SIDEBAR: What’s in a Jug of Urine?(click to expand)

That fact that Lenio stored jugs of urine in his van invariably catches observers’ attention. But neither federal nor state or local police ever asked Lenio about this bizarre find.

We don’t know why Lenio was storing jugs of urine because law enforcement failed to explore this potential lead. But if they had they might have made a shocking discovery.

Urine has been used to make urea to serve as the main charge in homemade urea nitrate bombs69 in the U.S., as well as in Afghanistan, Israel, Iraq, and Pakistan. In the U.S., the best-known case of a urea nitrate bomb is the February 1993 bombing of the World Trade Center.70 In fact, it is a serious enough problem that the Department of Homeland Security offers a training curriculum that includes teaching firefighters and other first responders to be on the lookout for jugs of urine71 as a possible sign of what scientists have called “exceptionally easy-to-make” improvised explosive devices (IEDs).72 The Associated Press reports, “One instructor noted that the discovery of jugs of urine led to the arrest of potential bombers in New Jersey.”73

One bomb-making manual, published by a self-described militia member a few weeks after White supremacist Timothy McVeigh bombed the Murrah Federal Building in Oklahoma City in April 1995, calls urea nitrate IEDs “piss bombs.”

Although urea nitrate bombs are well known to much of law enforcement, experts in counterterrorism, and the violent, revolutionary precincts of the Far Right, most of the rest of us have been left in the dark about it. Unfortunately, some of “the rest of us” include law enforcement officers responsible for an area that is infested with growing numbers of White supremacist revolutionaries.

Urea nitrate looks like sugar and can be made with accessible and non-traceable materials, such as urine, ordinary coffee filters and pans. Such items are at the fingertips of most people, and particularly available to someone like Lenio, who was working as a restaurant cook.74 Later, a Kalispell police officer to whom I spoke75 said he could not recall whether they had found coffee filters, pots, aluminum foil, and something that looked like sugar crystals near the jugs of urine. He didn’t know whether the jugs actually contained urine, or whether the urine had been boiled down to urea, or whether the evidence still exists.

That the investigators did not appear to be interested in the possible domestic terrorism implications of the jugs of urine stored by this suspect—who had already threatened the mass murder of children and Jewish leaders, and who appeared interested in joining a local clan of White supremacists—is troubling.

Homeland Security to this day teaches first responders nationwide to be on the lookout for jugs of urine as a possible sign of bomb-making activity. When alert first responders who had undergone counterterrorism training encountered jugs of urine in a New Jersey apartment in 2004, they knew they were seeing potential bomb making materials. An investigation turned up evidence of a plot to make urea nitrate bombs to target tunnels linking New Jersey with New York City.76 But in that case, an instructor for the Homeland Security training course stated77, the apartment was occupied by people from the Middle East, who were subsequently deported.

Maybe there’s an innocent explanation for Lenio storing jugs of urine or urea in his van— which, of course, by itself is not a crime. What is perplexing and significant is law enforcement’s lack of curiosity, from the federal level on down, and the implications of such a blind spot toward a White suspect and the double standard of dealing with potential domestic terrorists for our national security.

This dangerous double standard persists despite that fact that, as Naomi Braine has written for The Public Eye, “In the nearly 14 years since 9/11, more people have died in the U.S. from politically-motivated violence perpetrated by right-wing militants than by Muslim militants.”78

Two local law enforcement agencies deployed extra officers to guard area schools and notified every parent in the school system about the security threat.44 And on February 16, the FBI, along with law enforcement officers from four other agencies,45 arrested Lenio. He confessed on video to issuing the tweets, stating that he was glad that law enforcement had increased school security in response. However, Judge Heidi Ulbricht would later rule this confession inadmissible because the FBI failed to Mirandize Lenio until after he made these statements.46

Too White to Jail?

After the arrest, however, the investigation of Lenio for his myriad threats softened. To begin with, police said they could find no connections between Lenio and Kalispell’s local White supremacist networks, despite publicly available posts on social media and blogs documenting Lenio’s ties to White nationalist leaders in the Flathead Valley, particularly members of the White supremacist community Pioneer Little Europe.

The mostly conservative, libertarian, and gun-friendly population in Montana’s Flathead Valley takes a live-and-let-live attitude toward White nationalists who espouse rugged individualism and back-to-the-land lifestyles.

Pioneer Little Europe (PLE) is not so much a location or an organization as an organizing method for bringing White nationalists together. In the late 1990s and early 2000s, two White supremacists named Hamilton Michael Barrett and Mark Cotterill developed the PLE concept and promoted it on the neonazi website Stormfront47 as a way for White nationalists to develop affinity communities within existing towns in order to gain political influence and provide each other social and economic support.48 The mostly conservative, libertarian, and gun-friendly population in Montana’s Flathead Valley takes a live-and-let-live attitude toward White nationalists who espouse rugged individualism and back-to-the-land lifestyles. Two-hundred-and-fifty people in Kalispell earn their living making guns or gun parts,49 which provides economic security from skilled labor as well as a steady supply of potentially untraceable weapons.

Unsurprisingly, the result of PLE’s presence in an area can be polarizing. In Kalispell, it led to episodes of violence, as documented in the recent film “Hate in America: A Town on Fire,” co-produced by NBC’s Peacock Productions and the Southern Poverty Law Center.50

caption here

Screenshot captured by Jonathan Hutson of one of the many tweets made by David Lenio on Saturday, February 14, 2015.

While the police would say they struggled to link this group and Lenio, it appeared that not only had Lenio been drawn to the region by members of the PLE, but his expressed opinions and threats mirrored those of PLE activists. Recruiter and spokesperson for PLE April Gaede had tweeted to Lenio from her account @AprilintheNorth at least four months before he moved to Kalispell. Gaede, who makes bolt-action hunting rifles51 in Kalispell and is an outspoken Donald Trump supporter, encourages White supremacists to move to Kalispell for its job security, low crime rate, and the opportunity to build community with White nationalists.

Gaede also has close ties with right-wing terrorists. For example, the Southern Poverty Law Center (SPLC) reports that in 2007, Gaede was accorded the “honor” of disposing of the ashes of David Lane, the leader of a neonazi group called The Order who died while serving a 190-year federal sentence in connection with the murder of Jewish talk show host Alan Berg in 1984.52 On New Year’s Day 2016, Gaede tweeted: “When Trump is elected, we will have a new national holiday. #DayoftheRope.”53

Both Gaede’s association with The Order and her “Day of the Rope” tweet are related to William Pierce’s noxious 1978 novel The Turner Diaries, a fantasy of race war and genocide that the SPLC dubbed “the bible of the racist right.” The Order was inspired by a fictional group in Pierce’s book that aimed to overthrow the U.S. government, which they believed was controlled by a cabal of Jews; in real life, The Order’s terrorist attacks included robberies of banks and armored cars to fund White nationalist groups,54 as well as the bombings of a theater and a synagogue. The Turner Diaries also describes a day of lynching during which neonazis string up “race traitors” from lamp posts: an event which comes to be known, in the book, as “The Day of the Rope.”

Over the years, the book’s description of race war has been used as an inspiration and blueprint for other White nationalist terrorists, including Timothy McVeigh—the man responsible for bombing the Oklahoma federal building in 1995—who had several pages of the novel in his possession at the time of his arrest.55 (It’s also worth noting that McVeigh used what was called a “fertilizer bomb,” a truck loaded with ammonium nitrate, in his attack in Oklahoma City. A “piss bomb” of the sort that David Lenio may have intended to make is another kind of fertilizer bomb, composed of urea nitrate.)

Excepts from the letter written by former Aryan Nations leader Karl Gharst calling for support for David Lenio. Photo courtesy of Investigation Discovery

Lenio’s association with Kalispell White nationalists didn’t end with Gaede. While Lenio spent five months in the Flathead County Detention Center following his arrest, another PLE adherent and former Aryan Nations “staff leader,” Karl Gharst, supported him and possibly visited him. Gharst turned to the internet to rally White supremacist support for Lenio,56 falsely claiming that I had baited Lenio into making his threats—this despite the fact that Lenio had been tweeting his threats for six weeks before he initiated contact with me. (Gharst was himself arrested in 2004 for threatening to kill a Native American woman who worked for Child Protective Services.57 He was taken into custody on the Idaho compound of Aryan Nations founder Richard Butler and spent five months in the same jail where Lenio would later be held.)

A White Supremacist in the Criminal Justice System

The deficiencies in the handling of Lenio’s case continued with its prosecution. In July 2015, Judge Heidi Ulbricht released Lenio into the custody of his father, without bail.58 The prosecution did not object. As conditions of Lenio’s release, the judge ordered him to stay off social media, to get a mental health evaluation, not have access to guns, and refrain from contacting witnesses. However, the justice system failed to ensure that Lenio comply with the terms of his release. He refused to obtain the mental health evaluation until finally Judge Ulbricht granted his defense attorney permission to obtain a mental health evaluation from Lenio’s own physician and to file it under seal.59 So the public does not know whether Lenio has received a diagnosis and, if so, whether he is receiving any treatment. The deferral of the evaluation and the secrecy as to its findings is of a piece with the preferential treatment which Lenio has received.

Additionally, though law enforcement wasn’t aware of this fact, Lenio’s Facebook page had been updated several times60—including with antisemitic statements and quotes from former Ku Klux Klan leader David Duke—while he was in jail, although inmates are not supposed to have access to cell phones or the internet.61 Further, although PLE member Karl Gharst posted messages online suggesting he might have visited Lenio in jail—messages that described Lenio’s conditions of confinement and describing their conversations—the justice system had no record of whether or not a visit had occurred, because the jail kept no logs of Lenio’s visitors.

The trial was originally slated for August,62 and then rescheduled until November 9. On November 9, it was delayed again, as Deputy County Attorney Stacy Boman stated that her office and the defense were trying to resolve the case in the judge’s chambers, out of public view.63 One outcome of this would be that if Lenio were not adjudicated as mentally ill, or convicted of a felony, then the state of Montana would return his three guns and ammunition, and he would be able to pass a Brady background check that would let him purchase an arsenal.

Photo of author Jonathan Hutson in the 2016 documentary, Hate in America: A Town on Fire, which is about David Lenio’s case. Photo courtesy of Investigation Discovery.

I had initially been called to be a witness in the trial, but when it wasn’t held I traveled to Kalispell anyway to hold a press conference, along with local rabbis, parents of local school children, and leaders from the human rights group, Love Lives Here in the Flathead Valley.64 I felt the public had a right to hear the evidence, to know what the justice system would do to protect school children and religious leaders, and to be warned that Lenio could be rearmed by virtue of the state’s lax prosecution.65

But for the fact that Lenio is White and the son of a politically-connected banker, he might have faced more serious charges; he might have been tried more swiftly; his security in jail would have been tighter and records would have been kept of neonazi leaders visiting him there. If the court had deemed him to be eligible for pretrial release, then he might have been required to wear an ankle monitor and his bail would likely not have been waived. Further, he would have been held accountable for violating the conditional terms of his release: his failure to obtain a psychological evaluation and his continued presence on social media, where he posted at least 348 times since his release in July. Lenio’s flouting of the judge’s orders made news in Montana and nationwide, but local Flathead Valley law enforcement offered no explanation for why he was not rearrested.66 At the same time, 37 other inmates in the same jail were rearrested for violating their release conditions.67

The charges have been dropped, and the state of Montana has returned Lenio’s guns without any further conditions or public explanation.

This March, three weeks before Lenio’s trial was finally set to be held—he was ultimately charged with a felony count of intimidation—the defense attorney announced that the prosecutor and judge had agreed to a deferred prosecution. This means that Lenio, who had already broken the conditions of his release, is expected to be a law-abiding citizen and keep his attorney informed of his location for two years. Meanwhile, the charges have been dropped, and the state of Montana has returned Lenio’s guns without any further conditions or public explanation. If he is found to break the law over the next two years, then the prosecutor could decide to pursue the case. Otherwise, Lenio’s record will be wiped clean.

Did Incuriosity Kill the Case?

Although the prosecution of Lenio may be over, we can say this much about the significance of the case: that it draws sharp attention to the problem of differential prosecution in the U.S. criminal justice system. The case began as one of threats of mass murder on social media by a possibly mentally ill individual. One of the more pressing questions was whether he would be able to get his guns back when it was all over. But over time, serious issues of the disparate treatment of criminal suspects in terms of race and class have come to loom large. What’s more, my further investigation suggests that if law enforcement had been even a little bit curious about the seemingly inexplicable jugs of urine Lenio had in his van at the time of his arrest, they could have understood them as possible bomb ingredients, with clear implications for potential domestic terrorism.  (See above sidebar: “What’s in a Jug of Urine?”) Law enforcement turning a blind eye to a potentially larger threat, which might have involved others, and may have put the rest of us at risk of violence from right-wing terrorists.

The Right’s entrenchment within U.S. cultural and political power structures raises the costs of high-profile law enforcement action against right-wing suspects.

As Naomi Braine writes in her exploration of differential prosecution of Muslim and far-right terrorism cases, the Right’s entrenchment within U.S. cultural and political power structures raises the costs of high-profile law enforcement action against right-wing suspects. What happened in Kalispell exemplified this. White nationalist leaders, such as Gaede and Gharst, make their presence felt there. They have many supporters, and they attract unstable figures such as Lenio to participate in their PLE affinity group. When police claimed not to see any connections between Lenio and the local White nationalist groups, and when they failed to meaningfully investigate evidence of a potential terrorist threat, it seems a case of willful blindness: not seeing what is inconvenient to see.

Beyond the possibility that Lenio could make good on his threats in the future, a second casualty of the case is the public’s confidence in the justice system. In the wake of the prosecutor’s decision not to prosecute Lenio, local resident Jerry Weissman wrote a letter to the editor protesting, “Letting Lenio go is not justice.”68 He continued, “Who will hang their heads in ultimate shame if this powder keg of a person explodes and takes children’s lives? Who will mourn if lives are taken, especially when proper care could have been taken to remove threats to the citizens of our country?”

David Lenio's tweet several weeks after the documentary, "Hate in America" was released.

David Lenio’s tweet several weeks after the documentary, “Hate in America” was released.

On March 24, when the “Hate in America” documentary premiered, David Lenio returned to Twitter. In what seemed like a taunt, he pinned to the top of his profile a series of exchanges from our February 2015 encounter in which I tried to identify and locate the man who had tweeted threats to shoot grade school kids. Several weeks later, on April 12, he indicated that he remained fixated on the idea of shooting school children when he tweeted: “What do you think costs more in most US cities? A gun with enough ammunition to kill 99 school kids or the security deposit on an apartment?”

Whatever Lenio does or does not do, it will take far more vigilance to see that the criminal justice system works without the filters of racial, religious and class bias that fast track the prosecution of some suspects but let others off the hook. That the likes of David Lenio manage to avoid accountability for crimes that would have derailed the lives of most of the rest of us should shock us out of our complacency.


About the Author

Jonathan Hutson is a human rights activist and strategic communications consultant at Global Media Max in Metropolitan Washington, D.C.


Endnotes

1 I served at the time as Chief Communications Officer for the Brady Campaign to Prevent Gun Violence. More than 63,000 people and organizations follow me (@JonHutson) on Twitter, because of my influence in human rights, social justice, LGBTQ issues, transgender equality, reproductive freedom, conservation, and global health. The Montreal Institute on Genocide Prevention has recognized me among its list of 74 Global Humanitarian Twitterati.

2 Here is my tweet at 9:23 p.m. on February 14, 2015: “#Freespeech will not be silenced, even as gunfire erupts at a café and a synagogue in Copenhagen http://nyti.ms/1JekieA #terrorism”. https://twitter.com/JonHutson/status/566784933407248384.

3 Andrew Higgins and Melissa Eddy, “Terror Attacks by a Native Son Rock Denmark.” The New York Times, February 15, 2015, http://www.nytimes.com/2015/02/16/world/europe/copenhagen-attacks-suspect-is-killed-police-say.html?_r=0.

4 Bill Morlin, “Man Arrested in Montana After Alleged Threats to Kill School Children and Jews,” Hatewatch, February 17, 2015, https://www.splcenter.org/hatewatch/2015/02/17/man-arrested-montana-after-alleged-threats-kill-school-children-and-jews#disqus_thread.

5 Vince Devlin, “Kalispell School Threat Suspect ‘Tangled’ with Wrong Twitter User,” The Missoulian, February 19, 2015, http://missoulian.com/news/local/kalispell-school-threat-suspect-tangled-with-wrong-twitter-user/article_9c3a4af7-eb20-526a-8598-17304d9e9f24.html. I provided federal and local law enforcement agencies with several things based on my research: a timeline of tweets that appeared to cross the line between free speech and criminal threat; a profile of him, based on his social media presence; and a strategy to identify and locate him.

6 Bill Morlin, “Man Arrested in Montana After Threats to Kill School Children and Jews,” Hatewatch, February 17, 2015, https://www.splcenter.org/hatewatch/2015/02/17/man-arrested-montana-after-alleged-threats-kill-school-children-and-jews#disqus_thread.

7> Bill Morlin, “Court Papers Detail Alleged Threats from Holocaust Denier,” Hatewatch, March 19, 2015, https://www.splcenter.org/hatewatch/2015/02/17/man-arrested-montana-after-alleged-threats-kill-school-children-and-jews#disqus_thread See also Vince Devlin, “Suspect Threatened to Shoot 100 Kalispell Schoolkids,” The Missoulian, March 17, 2015,http://missoulian.com/news/local/kalispell-school-threat-suspect-tangled-with-wrong-twitter-user/article_9c3a4af7-eb20-526a-8598-17304d9e9f24.html .

8 Martin Kaste, “Awash in Social Media, Cops Still Need Public to Detect Threats,” All Things Considered (NPR), February 23, 2015, http://www.npr.org/2015/02/23/388449799/awash-in-social-media-cops-still-need-the-public-to-detect-threats.

9 Jonathan Hutson, “White Banker’s Son Threatens to Shoot School Kids and Jews, Gets ‘Get Outta Jail Free’ Card.” Huffington Post, November 16, 2015, http://www.huffingtonpost.com/jonathan-hutson/white-bankers-son-threate_b_8579146.html.

10 Naomi Braine, “Disparate Legal Treatment of Muslims and the Radical Right.” The Public Eye, June 19, 2015, http://www.politicalresearch.org/2015/06/19/terror-network-or-lone-wolf/#sthash.bDPRht1N.MHVeuJjb.dpbs.

11 Aryan Nations founder Richard Butler popularized this term for enclaves of White nationalists in the Pacific Northwest after he set up a neonazi compound in northern Idaho in the 1970s. But overt White nationalists are not the only militants to seek haven in Montana. For example, the Rev. Chuck Baldwin, a Patriot leader who ran for president on the Constitution Party ticket in 2008, moved to the Flathead Valley in 2010. He leads the Liberty Fellowship church in Kalispell, whose members include Randy Weaver, a white supremacist who engaged in a notorious standoff with federal authorities in 1992. Ryan Lenz, “A Gathering of Eagles: Extremists Look to Montana.” Southern Poverty Law Center, November 15, 2011, https://www.splcenter.org/fighting-hate/intelligence-report/2011/gathering-eagles-extremists-look-montana.

12 David Joseph Lenio has held at least four Twitter accounts: @leniodj, @PsychicDogTalk, @PyschicDogTalk2 [sic], and @PsychicDogTalk3. The first of these accounts featured an avatar that read, “I am a potential terrorist. I know the truth about 9/11.” Twitter has shut down @PsychicDogTalk and @PyschicDogTalk2 for violating their Terms of Service by threatening violence. However, the Twitter bio for @PsychicDogTalk can still be viewed online through a third-party app. It describes his location as “Cascadia, at the apex of time.” The Cascadia Independence Party (CIP) is a secessionist movement that advocates the independence of “Washington, most of Oregon and Idaho, parts of Montana and Alaska, and most of the Canadian province British Columbia.” CIP website, “What We Do,” http://cascadiaindependenceparty.strikingly.com/#what-we-do.

13 Bill Morlin, “Court Papers Detail Alleged Threats from Holocaust Denier.” Hatewatch, March 19, 2015, https://www.splcenter.org/hatewatch/2015/03/19/court-papers-detail-alleged-threats-holocaust-denier See also Vince Devlin, “Suspect Threatened to Shoot 100 Kalispell Schoolkids,” The Missoulian, March 17, 2015, http://missoulian.com/news/local/suspect-threatened-to-shoot-kalispell-schoolkids/article_075b6e83-1997-5c20-91c3-7ec6db2e2a3d.html.

14 Remos Lenio and Phillip Blanchard launched Tillerman & Co. of Grand Rapids in September 2015. They had previously been partners in turnaround firm DWH, LLC of Grand Rapids. Demetri Diakantonis, “People Moves of the Week,” Mergers & Acquisitions, November 3, 2015, http://www.themiddlemarket.com/news/people_moves/people-moves-of-the-week-tillerman-arsenal-goodwin-258750-1.html.

15 Politico has called Justin Amish, who founded and chairs the House Liberty Caucus, “the House’s new Ron Paul.” James Hohmann, “The House’s New Ron Paul.” Politico, April 1, 2013, http://www.politico.com/story/2013/04/the-houses-new-ron-paul-justin-amash-089485.

16 For example, Betsy DeVos serves as Honorary Chair, and Remos Lenio serves on the executive leadership team for the American Heart Association’s 20th Anniversary of the Grand Rapids Heart Ball slated for December 2016. https://ahagrandrapids.ejoinme.org/MyEvents/20162017GrandRapidsMIHeartBall/Leadership/tabid/766588/Default.aspx In addition, Remos Lenio’s CV states that he holds a seat on the MiQuest board of directors. http://tillermanco.com/images/RemosLenioCV2015.pdf MiQuest is among the groups sponsored by the Richard M. and Helen DeVos Center for Entrepreneurship & Innovation. https://www.gvsu.edu/cei/competitions-funding-160.htm Remos Lenio’s LinkedIn profile states that he is also a founding board member and past president of the Association for Corporate Growth – Western Michigan, which has featured Dick DeVos as a speaker. Retrieved from http://grsouth.wzzm13.com/content/dick-devos-key-bringing-southwest-airlines-grand-rapids-supporting-airtran.

17 The son of Amway co-founder Richard DeVos, Dick DeVos served as Amway’s President and ran an unsuccessful campaign for Governor of Michigan in 2006. His wife Betsy Prince DeVos, former chair of the Michigan State Republican Party, and Board President of Mars Hill Bible Church, is the sister of Blackwater founder Erik Prince. See Andy Kroll, “Meet the New Kochs: The DeVos Clan’s Plan to Defund the Left,” Mother Jones, January/February 2014, http://www.motherjones.com/politics/2014/01/devos-michigan-labor-politics-gop. See also Benjy Hansen-Bundy and Andy Kroll, “The Family That Gives Together,” Mother Jones, January/February 2014, http://www.motherjones.com/politics/2014/01/devos-family-foundations-heritage-americans-prosperity-blackwater.

18 Daniel Schoonmaker, “Is This Christian Wall Street.” Grand Rapids Business Journal, April 10, 2006, http://www.grbj.com/articles/66232See also Daniel Schoonmaker, “Collection Plate, Meet Wall Street.” Grand Rapids Business Journal, April 10, 2006, http://www.grbj.com/articles/66233.

19 Betsy DeVos also holds the title of President of the Council of Elders. Kelefa Sanneh, “The Hell-Raiser,” The New Yorker, November 26, 2012, http://www.newyorker.com/magazine/2012/11/26/the-hell-raiser-3. In 2011, the Dick and Betsy DeVos Foundation gave $525,000 to Mars Hill Bible Church, according to the Foundation’s annual report. http://www.guidestar.org/FinDocuments/2011/382/902/2011-382902412-08bfa3ae-F.pdf.

20 Andy Kroll, “Meet the New Kochs: The DeVos Clan’s Plan to Defund the Left.” Mother Jones, January/February 2014, http://www.motherjones.com/politics/2014/01/devos-michigan-labor-politics-gop#sthash.9BXvf4Kh.dpuf.

21 In an April 2013 YouTube video on the Boston Marathon bombing and the Sandy Hook Elementary School mass shooting, originally posted under his pseudonym David Dave, Lenio endorsed Ron Paul for President. In his video, he also blames the Boston Marathon bombing on the CIA or the Mossad, and characterizes the Sandy Hook mass shooting as a hoax. His YouTube account, in which he currently uses the pseudonym gc hg, links to, and promotes, his writings under his Twitter handles @PsychicDogTalk and @PsychicDogTalk3., https://www.youtube.com/watch?v=aOu7CAFGAyI.

22 Ron Paul is a self-described paleo-conservative who has stated his support for neo-Confederates and secessionists. Rachel Tabachnick and Frank L. Cocozzelli, “Nullification, Neo-Confederates, and the Revenge of the Old Right.” The Public Eye, November 22, 2013,  http://www.politicalresearch.org/2013/11/22/nullification-neo-confederates-and-the-revenge-of-the-old-right/#sthash.RKoqSGLs.dpbs.

23 Scoopnest has archived the Twitter bio of Lenio’s @PsychicDogTalk account, which Twitter shut down in January 2015 for violating its Terms of Service, http://www.scoopnest.com/user/PsychicDogTalk/.

24 He also characterizes well-documented mass shootings including those in Copenhagen, in Tucson, Arizona, and Aurora, Colorado, as well as the bombings at the Boston Marathon, among others, as “false flag” attacks for which he blames Israel.

25 This tweet from @PsychicDogTalk is archived at http://vnnforum.com/showthread.php?t=207710&page=14

26 David Holthouse, How White Supremacists Are Trying to Make an American Town a Model for Right-Wing Extremism: A recent influx of white supremacists and Patriot group members to the town of Kalispell, Montana, is causing alarm. AlterNet, November 22, 2011, http://www.alternet.org/story/153162/how_white_supremacists_are_trying_to_make_an_american_town_a_model_for_right-wing_extremism.

27 David Holthouse, “High Country Extremism: Pioneering Hate.” Media Matters for America, November 15, 2011, http://mediamatters.org/blog/2011/11/15/high-country-extremism-pioneering-hate/154613.

28 H. Michael Barrett, “Pioneer Little Europe (PLE) Prospectus a.k.a. ‘Stormfronts of the Street’.” http://s3.mediamatters.org.s3.amazonaws.com/static/pdfs/pleprospectus.pdf

29 Judy L. Thomas, “Neo-Nazi Is Shopping for Land in Kansas.” Kansas City Star, October 2, 2015, http://www.kansas.com/news/local/article37425801.html.

30 Jonathan Hutson, “White Banker’s Son Threatens to Shoot School Kids and Jews, Gets ‘Get Outta Jail Free’ Card.” Huffington Post, November 16, 2015, http://www.huffingtonpost.com/jonathan-hutson/white-bankers-son-threate_b_8579146.html.

31 Jonathan Hutson, “White Banker’s Son Threatens to Shoot School Kids and Jews, Gets ‘Get Outta Jail Free’ Card.” Huffington Post, November 16, 2015, http://www.huffingtonpost.com/jonathan-hutson/white-bankers-son-threate_b_8579146.html.

32“Newtown Shooting Victims,” Newsday, December 14, 2012, http://www.newsday.com/news/nation/newtown-shooting-victims-photos-1.4336461.

33 Bill Morlin, “Man Arrested in Montana After Alleged Threats to Kill School Children and Jews,” Hatewatch February 17, 2015, https://www.splcenter.org/hatewatch/2015/02/17/man-arrested-montana-after-alleged-threats-kill-school-children-and-jews#disqus_thread.

34 David Lenio, “Release the Security Camera Footage of the 2011 Tucson AZ Shooting!” YouTube video uploaded August 8, 2012,https://www.youtube.com/watch?v=yPcxszkJ61A Lenio originally uploaded the video under the pseudonym David Dave, and subsequently changed his pseudonym to “gc hg.”

35 The first quote is at 4:30; the second is at 9:39.

36 Shaun King, “Muslim Shooters Like Syed Farook Are Easily Called Terrorists While White Mass Killers Never Get That Label.” New York Daily News, December 3, 2015, http://www.nydailynews.com/news/crime/king-white-mass-shooters-called-terrorists-article-1.2454528.

37 Mark Follman, Gavin Aronsen, and Deanna Pan, “U.S. Mass Shootings: 1982-2016.” Mother Jones, originally published on December 28, 2012, and updated to include data through 2016, http://www.motherjones.com/politics/2012/12/mass-shootings-mother-jones-full-data.

38 Mark Follman, “Maybe What We Need Is a Better Mental Health Policy.” Mother Jones, November 9, 2012, http://www.motherjones.com/politics/2012/11/jared-loughner-mass-shootings-mental-illness.

39 Eric Madfis, “Triple Entitlement and Homicidal Anger: An Exploration of the Intersectional Identities of American Mass Murderers.” Men and Masculinities 17, no 1 (April 2014):67-68, accessed May 17, 2016.  http://jmm.sagepub.com/content/17/1/67.abstract.

40 Bill Morlin, “Court Papers Detail Alleged Threats from Holocaust Denier,” Hatewatch, March 19, 2015, https://www.splcenter.org/hatewatch/2015/03/19/court-papers-detail-alleged-threats-holocaust-denier.

41 Peter Bergen, “Who Do Terrorists Confide In?” CNN, February 3, 2016, http://www.cnn.com/2016/02/03/opinions/terrorists-confidants-leakage-bergen/index.html.

42 Jonathan Hutson, “Guest Post: Nuts to Silence.” Montana Cowgirl, November 28, 2015, http://mtcowgirl.com/2015/11/28/guest-post-nuts-to-silence/.

43 Brendan James, “How a Gun Control Advocate Helped Stop a Man Threatening to Shoot Up a School,” Talking Points Memo, February 20, 2015, http://talkingpointsmemo.com/livewire/david-lenio-montana-threats-jews-children.

44 Justin Franz, “Kalispell Man Accused of Threatening Schools Posed ‘A Very Real Threat.” Flathead Beacon, February 18, 2015, http://flatheadbeacon.com/2015/02/18/kalispell-man-accused-threatening-schools-posed-real-threat/. See also Alli Friedman, “Man Accused of Threats Against Flathead Co. Students, Jews.” NBC Montana, February 17, 2015, http://www.nbcmontana.com/news/man-accused-of-threats-against-flathead-co-students-jews/31323966.

45 Agents from the FBI, the Kalispell Police Department, the Whitefish Police Department, the Flathead County Sheriff’s Office, and the Northwest Drug Task Force were involved in the arrest of David Lenio. The FBI took the lead in the interrogation.

46 Justin Franz, “As Trial Nears, Details Emerge in Intimidation Case.” Flathead Beacon, June 30, 2015, http://flatheadbeacon.com/2015/06/30/as-trial-nears-details-emerge-in-intimidation-case/. Bill Morlin, “Twitter Threat Defendant Defies Judge, Continues Hate Speech on Social Media.” HateWatch (Southern Poverty Law Center), November 13, 2015, https://www.splcenter.org/hatewatch/2015/11/13/twitter-threat-defendant-defies-judge-continues-hate-speech-social-media.

47 Registered users of Stormfront have been behind almost 100 murders, according to the Southern Poverty Law Center, https://www.splcenter.org/fighting-hate/extremist-files/group/stormfront.

48 Mark Potok, “Closed Circuit.” Southern Poverty Law Center, November 20, 2013, https://www.splcenter.org/fighting-hate/intelligence-report/2013/closed-circuit.

49 Felicity Barringer, “In Montana Town’s Hands, Guns Mean Cultural Security,” The New York Times, February 20, 2013, http://www.nytimes.com/2013/02/21/us/in-montanas-kalispell-guns-are-a-matter-of-life.html?_r=0.

50 Discovery Communications, “Investigation Discovery Premiers Second Installment of Series ‘Hate in America’ Exploring Growing Domestic Issue of White Supremacists and Anti-government Radicals.” Press release, March 21, 2016, https://corporate.discovery.com/discovery-newsroom/investigation-discovery-premieres-second-installment-of-series-hate-in-america-exploring-growing-domestic-issue-of-white-supremacists-and-anti-government-radicals/.

51 April Gaede, who tweets as @AprilintheNorth, has posted photos of her work in Kalispell assembling bolt action hunting rifles. She tweeted one such photo on December 8, 2015, https://twitter.com/aprilinthenorth/status/674264327268921344.

52 Profile of April Gaede (Southern Poverty Law Center), https://www.splcenter.org/fighting-hate/extremist-files/individual/april-gaede.

53 Retrieved from @AprilintheNorth Twitter account https://twitter.com/AprilintheNorth/status/682834077292969984

54 Beneficiaries included William Pierce’s National Alliance and Frazier Glenn Miller, Jr.’s White Patriot Party. In November 2015, a judge sentenced Miller to death for the fatal shootings of three people at Kansas Jewish sites. Associated Press, “Jewish Site Killings: Death Sentence for White Supremacist Frazier Glenn Miller,” November 11, 2015, http://www.nbcnews.com/storyline/jewish-center-shootings/jewish-site-killings-death-sentence-white-supremacist-frazier-glenn-miller-n461071.

55 Camille Jackson, “The Turner Diaries, Other Racist Novels, Inspire Extremist Violence.” Intelligence Report , October 14, 2004, https://www.splcenter.org/fighting-hate/intelligence-report/2004/turner-diaries-other-racist-novels-inspire-extremist-violence.

56 Karl Gharst, a/k/a morserkarl, took to a right-wing conspiracist site, LibertyFight, to post a statement in support of Lenio, in which he falsely claimed that I had provoked threats that Lenio had tweeted between December 30, 2014 and February 14, when I learned of Lenio’s existence because Lenio initiated contact with me. Gharst’s statement is available online at https://disqus.com/by/morserkarl/.

57 Bill Morlin, “Man Accused of Twitter Threats Has Aryan Nations Supporter,” HateWatch , August 20, 2015, https://www.splcenter.org/hatewatch/2015/08/20/man-accused-twitter-threats-has-aryan-nations-supporter.

58 Justin Franz, “Man Accused of School Threats Released.” Flathead Beacon, July 20, 2015, http://flatheadbeacon.com/2015/07/20/man-accused-of-school-threats-released/.

59 Megan Strickland, “Twitter Threat Case Faces Another Delay.” Daily Inter Lake, February 8, 2016, http://www.dailyinterlake.com/members/twitter-threat-case-faces-another-delay/article_aec382ca-ce17-11e5-b8ed-d39fa3af80fd.html.

60 Bill Morlin, “Twitter-threat Defendant Defies Judge, Continues Hate Speech on Social Media.” Hatewatch (Southern Poverty Law Center), November 13, 2015, https://www.splcenter.org/hatewatch/2015/11/13/twitter-threat-defendant-defies-judge-continues-hate-speech-social-media.

61 Vince Devlin, “HateWatch: David Lenio Has Violated Terms of His Release 348 Times.” The Missoulian, November 13, 2015, http://missoulian.com/news/local/hatewatch-david-lenio-has-violated-terms-of-his-release-times/article_04810fc6-1e7f-515f-bc73-5390e9944fd9.html.

62 The author received a subpoena dated July 16, 2015, in State of Montana v. David Joseph Lenio, Cause No. DC-15-040C, to appear at a jury trial slated to begin August 3, 2015.

63 S. Boman, email to author. October 30, 2015. S. Boman, telephone interview with author, November 5, 2015.

64 Vince Devlin, “Flathead Valley Group Wants Nothing Less Than a Felony Conviction for Lenio,” The Missoulian, November 10, 2015, http://missoulian.com/news/local/flathead-valley-group-wants-nothing-less-than-a-felony-conviction/article_4a720fa1-d82c-562c-8ef4-cb8e3dcccfdb.html.

65 Francine Green Roston and Jonathan Hutson, “David Lenio Reloaded?” Opinion column in Flathead Beacon, November 19, 2015, http://flatheadbeacon.com/2015/11/19/david-lenio-reloaded/.

66 Vince Devlin, “HateWatch: David Lenio Has Violated Terms of His Release 348 Times,” The Missoulian, November 13, 2015, http://missoulian.com/news/local/hatewatch-david-lenio-has-violated-terms-of-his-release-times/article_04810fc6-1e7f-515f-bc73-5390e9944fd9.html.

67 Flathead County Sheriff’s Office – Jail Roster.  https://apps.flathead.mt.gov/jailroster/.

68 Jerrold A. “Jerry” Weissman, “Letting Lenio Go Is Not Justice.” Letter to the Editor, The Daily Interlake, March 24, 2016, http://www.dailyinterlake.com/opinion/letters/letter-letting-lenio-go-is-not-justice/article_ed883820-f1da-11e5-ba98-079703a87180.html.

69 Urea nitrate can be used as a main charge in improvised explosive devices, according to a 1969 U.S. Army handbook on improvised munitions. By 1970, saboteurs were passing around U.S. Army demolitions manuals and using them to make bombs. UPI, “Want to Build a Bomb? Get U.S. Army Manual,” May 6, 1970, https://news.google.com/newspapers?nid=110&dat=19700506&id=cpBaAAAAIBAJ&sjid=N0oDAAAAIBAJ&pg=7285,2080077&hl=en.

70 Peter Barnes, “N.M. Tech Class Teaches Response to Terror Attacks.” Associated Press wire story in the Albuquerque Journal, February 1, 2005, http://abqjournal.com/news/state/299694nm02-01-05.htm

71 Peter Barnes, “N.M. Tech Class Teaches Response to Terror Attacks.” Associated Press wire story in the Albuquerque Journal, February 1, 2005, http://abqjournal.com/news/state/299694nm02-01-05.htm

72 Tamiri T., Rozin R., Lemberger N., and Almog J., “Urea Nitrate, an Exceptionally Easy-to-make Improvised Explosive: Studies towards Trace Characterization.” Anal Bioanal Chem, (National Center for Biotechnology Information) 395, no 2 (September 2009):421-428, accessed May 17, 2016, http://www.ncbi.nlm.nih.gov/pubmed/19575193.

73 Tamiri T., Rozin R., Lemberger N., and Almog J., “Urea Nitrate, an Exceptionally Easy-to-make Improvised Explosive: Studies towards Trace Characterization.” Anal Bioanal Chem, (National Center for Biotechnology Information) 395, no 2 (September 2009):421-428, accessed May 17, 2016, http://www.ncbi.nlm.nih.gov/pubmed/19575193.

74 The use of urine to improvise explosive devices and gunpowder is so well known in military and paramilitary circles that it has been going on for centuries. Napoleon’s army collected urine from soldiers and livestock to make gunpowder. See Brian Benchoff, “Gunpowder from Urine: Fighting a Gorn,” Hackaday, June 15, 2015, http://hackaday.com/2015/06/15/gunpowder-from-urine-fighting-a-gorn/

75 S. Warnell, telephone interview with author, January 5, 2016.

76 Joseph J. Kolb, “Preparing for the Inevitable: New Mexico Univ. Prepares First Responders for Bombing Incidents.” Journal of Counterterrorism (International Association for Counterterrorism & Security Professionals), Vol. 19, No. 3 (Fall 2013), pp. 54-57, http://issuu.com/fusteros/docs/iacsp_magazine_v19n3. A leading expert in bomb investigations writes in his textbook used by the FBI that the presence of urine at a crime scene indicates possible “clandestine manufacture of urea nitrate.” James T. Thurman, Practical Bomb Scene Investigation, Second Edition (2011), CRC Press, p. 88, http://www.amazon.com/Practical-Investigation-Criminal-Forensic-Investigations/dp/1439819599.

77 V. Romero, telephone interview with author, January 6, 2016.

78 Naomi Braine, “Terror Network of Lone Wolf?” The Public Eye, June 19, 2015, http://www.politicalresearch.org/2015/06/19/terror-network-or-lone-wolf/#sthash.S10xajqt.dpuf.

Terror Network or Lone Wolf?

Disparate Legal Treatment of Muslims and the Radical Right

Click here to see the full issue.

Click the image to see the full issue

This article appears in the Spring 2015 issue of The Public Eye magazine.

In April 2014, an armed encampment formed at the Nevada cattle ranch of Cliven Bundy as news spread through militia networks about the confrontation between the 67-year-old rancher and the Bureau of Land Management. The BLM began to impound Bundy’s cows after he’d failed to pay grazing fees for approximately 20 years, claiming the federal government had no right to regulate the public land where he brought his livestock. Confronted with this armed encampment, the federal officials backed down, ultimately returning Bundy’s cows. He was not arrested for the confrontation,1 and as of December, he bragged to reporters, he was continuing to graze his cattle, for free, on federal land.2 Most media accounts treated Bundy as just a cantankerous oddball or, as an op-ed in the Los Angeles Times put it, “a scofflaw with screwy ideas about the Constitution.”3

Michigan Militia members, bearing guns and a “Don’t Tread on Me” flag, participate in a statewide militia training event called the WOLF Challenge. Image via Photobucket and courtesy of Southeastern Michigan Volunteer Militia (SMVM).

Michigan Militia members, bearing guns and a “Don’t Tread on Me” flag, participate in a statewide militia training event called the WOLF Challenge. Image via Photobucket and courtesy of Southeastern Michigan Volunteer Militia (SMVM).

More attention has been paid to the U.S. Far Right in recent years, but the media and federal representatives rarely use the word “terrorism” to describe their actions. When Larry McQuilliams, who followed the racist Phineas Priesthood ideology, shot more than 100 rounds at the Austin, TX, police station, federal courthouse, and Mexican Consulate, Austin police used the label, calling him an “extremist” and “American terrorist,” but media reports shied away from such terms, emphasizing his personal struggles.4 At the recent White House Summit on Countering Violent Extremism, the focus was primarily on the threat of global jihad,5 and the 2014 Congressional Research Service report on countering violent extremists discussed only Muslims (although it claimed the material applied to all forms of extremist thought).6 This February, the Department of Homeland Security (DHS) did release a report on the sovereign citizen movement, one element of the Far Right, but it amounted to barely three pages of substantive text and offered few recommendations for action.7

In the nearly 14 years since 9/11, more people have died in the U.S. from politically-motivated violence perpetrated by right-wing militants than by Muslim militants.8 As in the McQuilliams episode, the majority of these assaults target people who work for the government, particularly law enforcement,9 but perpetrators rarely receive harsh penalties unless they kill or severely injure someone. The disparity between treatment of Muslims and right-wing militants highlights the centrality of political power and vulnerability as factors shaping law enforcement anti-terrorism measures. The “War on Terror” creates tremendous political and social vulnerability for Muslims in the U.S. by associating U.S. Muslims with global jihad.

Right-wing militants, in contrast, benefit from the power of mainstream conservatives. For example, in 2009, the domestic terrorism unit of the DHS released a report10 indicating that right-wing activity posed the most significant terrorism threat in the United States, and that such activity was likely to increase during the Obama administration. Conservative bloggers declared the report was politically motivated and painted all conservative activists as potential terrorists, and conservative politicians reacted negatively as well.11, 12 As a result, the report was taken out of circulation, but the report’s analysis and predictions have since proven accurate.13

The ways in which federal law enforcement agencies describe and classify “terrorism” obscures the extent of violence 
by, and even local policing of, right-wing and Christian mili
tants. To begin with, there is 
some inconsistency in how different types of incidents are labeled in practice by different federal offices, even within DHS, which complicates internal communication.14 The Department of Justice (DoJ) is the lead agency for domestic law enforcement, and they classify “international terrorism” and “domestic terrorism” separately15 (see diagram). The distinction, however, lies more in motivation or organizational affiliation than in geography; for example, a terrorist incident in the U.S. will be characterized as international if the perpetrator is seen as motivated by Islamist beliefs, and domestic if motivated by militant right-wing beliefs. (It’s also a difference that becomes clear when reading the lists of official “terrorism” cases—a list that does not include, for instance, the murder of abortion provider Dr. George Tiller.)

Figure 1. FBI/DoJ Classifications of Terrorism

Figure 1. FBI/DoJ Classifications of Terrorism

“Terrorism,” unmodified, is used to refer to international terrorism, involving people or plans that include a demonstrated or attributed link to an international entity. Cases involving Muslims that clearly originate in the U.S. are classified as “homegrown” international terrorism, even though any links to international networks or entities may exist only in the eyes of law enforcement.

The Congressional Research Service defines “domestic terrorists” as “people who commit crimes within the homeland and draw inspiration from U.S.-based militant ideologies and movements.”16 This somewhat confusing FBI and DoJ distinction between “homegrown” and “domestic” terrorism produces interesting contradictions: in domestic cases involving Christian militants, antisemitism is cast as a U.S.-based ideology, but in “homegrown” cases, it’s evidence of global jihad among Muslims.

The DoJ lists 403 cases of (international) terrorism from September 2001 through March 201017: 11 percent non-Islamist (mostly FARC or Tamil Tigers), 45 percent Islamist, and 44 percent undetermined (mostly cases of fraud or financial misconduct involving someone with an “Arab-sounding” name). The Islamist category includes 30 cases considered to be “homegrown.”

The FBI and DoJ do not provide publicly accessible lists of domestic terrorism cases, which complicates direct comparisons between domestic and homegrown cases. The data that do exist on domestic terrorism, or politically motivated violence, result from examining local, state, and federal law enforcement activity to identify relevant cases. A few nonprofit institutes track domestic political violence and terrorism cases, although their definitions and exact lists vary. For the purposes of this report, I have drawn upon the two most extensive and widely cited.

The Southern Poverty Law Center focuses primarily on right-wing activity, and has the most detailed and comprehensive list.18 The period from September 2001 through December 2010 lists 50 cases, almost double the number of “homegrown” Islamist cases in a similar period, and 21 of the 50 took place in 2009 and 2010, following President Obama’s inauguration. All 50 domestic cases involve elements of the Far Right, from Christian Identity to various militia movements to the KKK and other white supremacist groups. Terrorist acts often involved significant caches of weapons and explosives, with targets ranging from the murder of government representatives to assaults on synagogues or mosques and other Islamic centers.

According to the New America Foundation,19 which tracks cases explicitly classified as terrorism within the U.S., only 41 percent of jihadist plots in the U.S. since 9/11 involved weapons, and in almost one-third of those cases, the weapons were supplied by U.S. government agents. By contrast, 89 percent of domestic terrorism cases involved weapons, and in 92 percent of these cases the arms were acquired without assistance from government agents.

Based on the statistics and analysis of available cases, there are significant differences in the procedures, charges, and penalties in domestic (non-Islamist) and homegrown (usually Islamist) cases. Despite the greater prevalence of incidents and deaths resulting from right-wing violence, U.S. Muslims experience more aggressive surveillance, greater use of informants, more severe charges, and greater use of restrictive confinement once incarcerated.

The differential treatment of right-wing and Muslim cases draws attention to the political contexts surrounding terrorism-related law enforcement, as these disparities only make sense within politically-driven calculations. Mainstream conservative politicians and media personalities protest depictions of right-wing militants as anything more than troubled but patriotic Americans, while Muslim men—particularly young men— are constantly monitored as intrinsic security risks. In the process, Muslims lose Constitutional protections for belief, speech, and association—forced to inhabit an ambiguous territory as “un-American” and presumptively foreign.

SURVEILLANCE AND INFORMANTS

The disparate treatment of the two groups of alleged terrorists begins before charges are ever filed, with how the two are investigated. Covert surveillance is, by definition, difficult to prove unless specific prosecutions or other evidence bring it into public view. A report by the New York University School of Law20 describes systematic surveillance of Muslim communities by the NYPD, FBI, and other law enforcement entities in the U.S. The widespread use of informants in homegrown terrorism cases also indicates an ongoing undercover presence. No evidence exists of similar routine surveillance of communities with significant right-wing activity, and reports and other materials about the Right produced by the FBI, DHS, and Congressional Research Service all emphasize the right to freedom of speech and expression, including the importance of differentiating beliefs from actions. Based on available case summaries, the majority of domestic terrorism prosecutions occur after the perpetrator has taken concrete action or as a consequence of other law enforcement contact, which suggests a low level of ongoing surveillance of right-wing movements.

The New America Foundation data indicate that 46.8 percent of Islamic terrorism cases involve use of an informant but only 27.5 percent of non-Islamic cases do.21 According to a report by Columbia University Law School and Human Rights Watch, 50 percent of federal counterterrorism convictions resulted from informant-based cases, and almost 30 percent were stings.22 (A “sting” refers to a case in which an informant or undercover agent actively developed the case, leading defendants to escalate their activity and often providing explosives or other materials.) The Columbia Law School report found that all but four of the high-profile homegrown terrorism plots of the last 10 years were FBI sting operations. While informants play a role in domestic cases, there is little recent evidence of right-wing cases being built through stings (although there is some history of FBI stings with environmental activists in the early 2000s).

A 2009 case in Newburgh, NY, that became known as the Newburgh Four23, 24 provides an example of an FBI sting operation. Newburgh is a small, formerly industrial city about 60 miles north of New York City, with a substantial African-American population and relatively high poverty rate. In 2011, the city was declared the murder capital of New York state. In the winter of 2009, an FBI informant developed a relationship with an openly antisemitic Muslim man who had a history of drug addiction. The informant offered him $250,000 plus additional luxuries if he would gather a group of Muslims to carry out a terrorist attack.

The man recruited three friends, each of whom had significant financial needs. Each received small amounts of cash during the time the informant guided them in developing a plan to attack Stewart Air National Guard Base and bomb a local synagogue, using explosives and a vehicle provided by the informant. The men were arrested after the informant delivered the men and the explosives to cars provided by the FBI. All four were charged with conspiracy, attempt to use weapons of mass destruction, and plotting to kill U.S. government employees, and were sentenced to 25 years in prison. A judge rejected an appeal based on entrapment, accepting the government’s rationale that the men would have eventually committed terrorism on their own—a theory called “radicalization” that has been used in multiple prosecutions of accused Muslim terrorists.

In contrast, the participation of informants and undercover agents in right-wing cases has been much more limited, and does not involve either initiating a plot or being the only source of weapons or explosive materials. In 2002, Larry Raugust, an anti-government militant well known to law enforcement, gave an explosive device to an undercover agent; he ended up pleading guilty to 15 counts of making bombs, and served just over five years in a federal prison.25 Similarly, in 2005, Gabriel Carafa, a man with ties to the neonazi World Church of the Creator and a racist organization called The Hated, was arrested after he and another man asked an informant to build them a bomb. They were charged with selling 11 guns illegally to police informants and providing 60 pounds of urea for use in building a bomb; Carafa was sentenced to seven years and his accomplice to 10.26 In both of these cases, not only did the defendants acquire their own weapons and explosive materials, but the men had extensive histories of right-wing activism.

The Internet plays an increasingly central role in the development and communication of beliefs, as well as law enforcement monitoring of potentially violent activity. However, the consequences of posting beliefs that signal the potential for violence varies considerably by religion. Adel Daoud was a socially isolated 17-year-old Muslim boy in suburban Chicago who found refuge online. In 2012, he began to post on message boards and write emails relating to violent jihad, at which point the FBI drew him into planning an attack with an undercover agent. In 2013, the agent drove Daoud to a jeep filled with fake explosives, and he was arrested after he tried to trigger the explosives outside a bar they had agreed to target. He was charged with attempting to use a weapon of mass destruction, and the case is still in court.27

Compare that to the 2010 case of 26-year-old Justin Carl Moose, who described himself as the “Christian counterpart to Osama bin Laden” and posted threats of violence against abortion providers along with information about the use of explosives on his Facebook page. The FBI were tipped off, and Moose pled guilty to distributing information on the manufacture and use of explosives. He was sentenced to 30 months in prison and was released early, despite having demonstrated knowledge of explosives and his alignment with a movement that has an extensive track record of murders and destruction of medical facilities.28

SEVERITY OF CHARGES

As the five cases described above suggest, the charges and prison sentences faced by defendants in right-wing terrorism cases are significantly lower than those in homegrown cases. The key difference is usually in the specific charges brought. Many right-wing acts of violence are simply never prosecuted as “terrorism,” which has significant consequences due to terrorism “adjustments” to sentencing guidelines that increase the penalty for any given offense.29 Domestic cases largely involve charges of weapons possession (including explosives and/or assault weapons), murder, or attempted murder; most of these are filed and prosecuted at the state and local level.

While weapons possession may sound like a minor offense, and often results in sentences of less than 10 years, the actual quantity of weapons involved can be considerable. David Burgert, the leader of a militia-style group called Project 7 who was wanted for assaulting police officers, was found with 25,000 rounds of ammunition and multiple pipe bombs; he was sentenced to seven years.30 In a separate case, a series of raids on militia members in rural Pennsylvania netted 16 bombs and at least 73 other weapons, but none of the militia members served more than three years in prison.31 The quantity of armaments involved in many of the right-wing terrorism cases calls for a response of a corresponding order of magnitude, especially in light of the sentences given to Muslims who never independently obtained a weapon of any kind.

Marchers with the Project SALAM Journey for Justice protest the incarceration of Mohammed Hossain and Yassin Aref, Muslim men convicted of providing material support for terrorism as part of an FBI sting. Photo via Flickr, courtesy of Vanessa Lynch, orangeinkeducation.wordpress.com.

Marchers with the Project SALAM Journey for Justice protest the incarceration of Mohammed Hossain and Yassin Aref, Muslim men convicted of providing material support for terrorism as part of an FBI sting. Photo via Flickr, courtesy of Vanessa Lynch, orangeinkeducation.wordpress.com.

Homegrown terrorism cases, on the other hand, are prosecuted using a wider and more severe array of charges. Sixteen of the 30 homegrown cases listed by the DoJ included conspiracy charges, which can carry high sentences even in the absence of a completed criminal act.

Prosecutors may combine both “conspiracy” and “attempt to commit” charges in cases in which no actual violence took place, including sting cases where the only weapons involved were provided by FBI agents or informants. Domestic terrorism cases that include charges of attempt to assault or murder almost always base the charge on the active use of a weapon—usually shooting at a law enforcement officer but sometimes activating an explosive device.

The issue of conspiracy charges throws into stark relief the demonization and excessive surveillance of American Muslims. In 2008, five men were convicted of conspiracy to murder members of the U.S. military, and four of the five were convicted of possession of firearms. Four of the men were sentenced to life and the other to 33 years, even though no actual assault or violence took place. The case of the Fort Dix Five, as it came to be known, was primarily built through the use of an informant who actively guided the youngest of the five men—then just 19 years old—to collect videos depicting jihad-oriented violence, develop a hazy “plot” to attack Fort Dix, and recruit his friends to participate. The evidence at trial included a map of Fort Dix that one of the defendants had used to deliver pizza, and the claim that paintball games and camping trips were “jihadi training.”32 However absurd this may sound, this interpretation of both paintball and camping while Muslim has been used in other trials, and notes from the NYPD’s surveillance of the Brooklyn College Islamic Society include references to “militant paintball trips.”33

The 2010 Hutaree militia case provides a very interesting contrast to this treatment of Muslims. In 2008, the FBI planted an informant with the Hutaree militia group in Michigan, and followed their activities for two years before initiating an arrest with charges of seditious conspiracy and attempt to use weapons of mass destruction based on the group’s plan to kill police officers and plant bombs at their funerals. A judge dismissed the conspiracy charges and dropped all charges against six of the nine defendants on the grounds that their hatred of law enforcement was not evidence of a conspiracy.34 Three men in the group pled guilty to weapons possession, and two of them were released on just two years’ supervision.35 While the informant taped conversations with the militia members, he does not appear to have conducted a sting operation. When Muslims express hostility towards the U.S. government or law enforcement, this has been treated as evidence of radicalization and intent to engage in acts of terrorism, but, at least in this case, a U.S. judge heard these same sentiments much differently when uttered by right-wing activists.

The majority of cases of homegrown terrorism analyzed in the report by Columbia, and a significant percentage of international cases, involve charges of material support for terrorism.36 The original statute on material support for terrorism,37 passed in 1994 after the first World Trade Center bombing, criminalized the provision of weapons, physical goods, money, or training to terrorists and terrorist organizations, but included specific free speech protections and exemptions for humanitarian aid.38 Subsequent versions of the law removed the free speech protection, narrowed the humanitarian aid exception, broadened the scope of what counts as “material support,” and increased the penalties for conspiracies and attempts to provide support. The material support statute applies to “designated terrorist organizations,” but the FBI’s list of designated terrorist organizations, available on its website, includes no domestic organizations of any ideological 
bent. As a result, material support charges have no analog among domestic terrorism cases, despite 
the existence of longstanding right-wing organizations associated with political violence.39 In
 blunt terms, if a person gives money to the KKK, they will not be prosecuted for material support to terrorists. Although it might technically be possible to bring such charges, in practice, it simply doesn’t happen.

But the material support statute has become central to the prosecution of Muslims accused of terrorism. One of the more prominent prosecutions on material support concerned the Holy Land Foundation, a large Muslim charity in the U.S. that provided aid to zakat (charitable) committees in the West Bank and Gaza. The zakat committees were not involved in violent activities but supported the social services instituted by Hamas, which was designated a terrorist organization in 1997. This secondhand connection to the social services arm of Hamas resulted in the use of material support charges to close down the Holy Land Foundation and convict the senior administrators on terrorism-related charges in 2009, with sentences from 15 to 65 years.40

The Holy Land Foundation case is not an outlier or an isolated example. In fact, 65 percent of the homegrown cases analyzed in detail by Columbia included charges of conspiracy and/or attempt to provide material support to terrorists, resulting in sentences ranging from five to 30 years in prison. The Columbia analysis of all terrorism prosecutions conducted by the DoJ from 2001 to 2011 found that more than 25 percent involved charges of material support or conspiracy, indicating that these charges are more common among homegrown cases than genuinely international ones.

Beyond individual cases, the surveillance of Muslim communities, the use of informants, and the question of material support create a fear that limits development of community support for those caught in terrorism prosecutions, effectively isolating family members of accused or convicted “terrorists.”

While the discourse of terrorism situates Muslims accused of violence as part of a worldwide terror network, their right-wing counterparts are usually depicted as “Lone Wolves,” acting alone.

CONDITIONS OF INCARCERATION

The limited data available on domestic cases makes a direct comparison of the conditions of incarceration difficult, although some inferences can be made. The U.S. penal system has developed stringent conditions of confinement and management that can be applied under a variety of circumstances, especially at the federal level. The federal system includes the Administrative Maximum Penitentiary (ADX) Florence supermax prison in Colorado, where almost all prisoners are held in solitary confinement for 23 hours of every day. According to the Bureau of Prisons, in 2013 the ADX was holding 41 prisoners designated as “terrorists,” the majority of whom are of Muslim background. The UN Committee Against Torture has raised the question as to whether the extensive use of solitary confinement in the U.S. constitutes a form of torture.41 (See sidebar: Brutality Made Visible)

While virtually all U.S. prisons have the structural capacity for solitary confinement, the federal system has the additional ability to impose two highly restrictive forms of communication control. Communication Management Units (CMUs) were created in 2006 to isolate certain prisoners from contact with the outside world; all forms of communication with family, friends, and other prisoners are limited, and physical contact with family and friends is completely banned. Muslims make up over two-thirds of prisoners in CMUs, even though they account for only six percent of the total federal prison population.42 Special Administrative Measures (SAMs) also restrict a prisoner’s communication and contact with others in ways that vary from case to case, and have become routine in terrorism cases, including during pre-trial detention.43 Since the vast majority of cases formally designated as “terrorism” in the U.S. are “homegrown,” these extreme forms of control and confinement overwhelmingly affect Muslims. Almost 50 percent of the homegrown cases reviewed by the Columbia Law School report involved significant pre-trial solitary and/or restricted communication, which had a negative effect on the development of a legal defense. These high levels of isolation and control of communication are justified by the portrayal of Muslims living in America as representatives of global terrorist networks.

While there are no comparable reports on the conditions in which right-wing terrorists are held in U.S. prisons, the disproportionate use of pre-trial solitary, SAMs, CMUs, ADX, and other highly restrictive settings with Muslims indicates differential treatment, as does the extent of organized community support for incarcerated right-wing activists.

For prisoners who are not subject to isolation and restrictions on communication, contact with the outside world can be a vital source of affirmation, in addition to mundane assistance like commissary credits or care packages. Organizations on the Right openly provide support for and maintain contact with incarcerated individuals who share their political perspective, even those convicted of murder, such as Scott Roeder44, 45 and Timothy McVeigh.46 The anti-abortion movement, in particular, generally does not sever ties to those who have been incarcerated for violence against abortion providers. This level of organization reflects how much right-wing violence is grounded in social movements, even if individual perpetrators appear to be lone actors.

SIDEBAR: Brutality Made Visible

Terrorism trials have drawn some attention to the use of harsh pre-trial detention as a method for extracting guilty pleas, and of solitary confinement for prisoners convicted of terrorism. However, extended pre-trial confinement has become the norm for low-income Americans who cannot afford bail, and solitary confinement is used extensively throughout U.S. jails and prisons, including for people awaiting trial.

In 2010, 76 percent of defendants in federal district courts were detained pre-trial, up from 59 percent in 1995.1 The Center for Constitutional Rights currently has a class action lawsuit on behalf of prisoners at a California prison who are serving indeterminate sentences in SHU (Security Housing Unit, a form of solitary confinement), usually on the basis of their alleged gang membership or affiliation. Five hundred men in the CCR lawsuit have been in SHU for at least 10 years.2

Incarceration practices based on extreme methods of control and isolation also predate the “War on Terror”: the federal supermax prison ADX Florence opened in Colorado in 1994, and special administrative measures (SAMs) to control communication and contact began in 1996. Over the last 10 years, the process of resource adaptation has become bidirectional, as institutional architecture designed for the War on Terror has been used for other purposes. The use of military vehicles on the streets of Ferguson was a nationally visible example of militarized policing, but it’s not the only one. Away from the public eye, “intelligence fusion centers,” which bring together multiple levels of law enforcement, were originally intended to monitor terrorism threats but have instead focused the majority of their activity on drug and immigration cases.3

As these examples demonstrate, repressive measures and violations of civil or human rights spread outward from their original context, whether the example is solitary confinement for alleged gang members or expanded intelligence gathering systems brought to local police. Similarly, the procedures and processes permitted in federal terrorism trials also create precedents that could be drawn upon in other circumstances.

INDIVIDUALIZATION OF RIGHT-WING VIOLENCE

While the discourse of terrorism situates Muslims accused of violence as part of a worldwide terror network, their right-wing counterparts are usually depicted as “Lone Wolves,” acting alone. As a result, the social and organizational contexts for right-wing violence are systematically erased.

When the authors of the April 2009 DHS report on right-wing extremism put out a draft version for review, the Office of Civil Rights and Civil Liberties argued for a narrow definition of “right-wing extremist” that would be limited to persons known to have committed violence themselves and exclude those who were members of or who donated money to organizations with well-known histories of violence, such as the KKK.47 The DHS report maintained a broader definition that included groups and social movements, but the overall trend has been toward viewing perpetrators of right-wing violence as isolated actors. The February 2015 DHS report on right-wing extremists, for example, focused exclusively on the sovereign citizen movement, which was described as engaging in low levels of often spontaneous violence that take a highly individualized and non-symbolic form, such as a threat or assault towards a specific individual law enforcement officer or government representative.48 For example, the DHS report describes an incident in which a sovereign citizen in Alaska conspired to murder an Internal Revenue Service officer and a judge who oversaw legal proceedings against him.

The individualized “Lone Wolf ” model of viewing right-wing violence reflects an intentional change in strategy by right-wing militant groups. In 1987, the government indicted a core group of 14 visible national leaders within right-wing militant movements, all associated with the 1983 Aryan World Congress, on charges of conspiracy to overthrow the U.S. government. They were acquitted at trial, but the experience led one of the men, Louis Beam, to republish an essay he had written calling for “leaderless resistance” as a way to evade infiltration and surveillance.49 Over the past 10-15 years, most incidents of right-wing violence have been carried out by individuals or small groups, in keeping with the philosophy of leaderless resistance and Lone Wolf action. However, a decision to act alone does not mean acting outside of social movement frameworks, philosophies, and networks.

Research has shown that, at the time they engage in political violence, the majority of so-called Lone Wolves are over 30 years old. A comparison of case descriptions shows that many have had significant histories of participation in Hard Right movements.50 Preliminary findings from a study of individual radicalization point to the importance of social ties with other militants as a key element of the radicalization process, again casting doubt on the model of the isolated actor.51 Another study found that organizations whose members commit violence have higher levels of interconnection with other movement organizations than groups not associated with violence.52 The findings from these two studies fit with the age and movement experience of Lone Wolves while challenging the model of the isolated actor. Scott Roeder, Dr. Tiller’s assassin, saw himself as acting as part of a movement even if he was not representing a specific organization.

Scott Roeder, Dr. Tiller’s assassin, saw himself as acting as part of a movement even if he was not representing a specific organization.

Politically, the organizational and national contexts for right-wing activists disappear in the focus on the individual, while the individuality and immediate social context for the actions of Muslims are rendered invisible by the focus on the global.

SEPARATE LAW ENFORCEMENT RULES FOR MUSLIMS?

Law enforcement action shows two substantially different patterns in relation to Muslims and right-wing activists. The (appropriate) concern for protecting free speech and association expressed in law enforcement materials on right-wing organizations and activists stands in stark contrast to the criminalization of both speech and association among Muslims. Reports by the Columbia and NYU schools of law describe the targeting of vulnerable individuals and communities, with informants building relationships with men who have expressed certain political or religious beliefs but who have not independently voiced an intent to commit violence. The cases of the Newburgh Four and the Fort Dix Five illustrate the centrality of informants and the lack of evidence of independent violent action—or the necessary resources for such—in the prosecution of these cases. These cases stand in sharp contrast to the large weapons caches and self-organization of right-wing activists, who, like Larry Raugust, are more likely to give explosives to an informant than to acquire them from one.

The prosecution of Muslims in the absence of independent action has been justified by using a theory of radicalization that argues defendants would have eventually committed terrorism without the assistance of informants. Multiple theories of radicalization exist within the study of militant movements, including some that examine processes across diverse political or religious movements. In law enforcement, models of radicalization have been part of larger frameworks that heighten the fear of hidden dangers.53 For example, the theory of radicalization used in prosecutions of Muslims caught by sting operations derives from a 2007 NYPD report that described a “religious conveyor belt” from belief to action.54 This theory has no support in social science research and situates constitutionally protected beliefs as evidence of the probability to commit violence. The core constitutional principles of freedom of religion and freedom of speech and association are repeatedly violated in relation to Muslims in arguments made in the courts as well as in surveillance practices, recruitment of informants, and day-to-day law enforcement.

POLITICS, RISK, AND LAW ENFORCEMENT

Data on militant violence in the U.S. suggest that the primary factors directing federal attention involve political calculations and Islamophobia, not any danger posed by their communities. Speaking anonymously, a former DHS agent compared the FBI’s sting operations in Muslim communities to the practice of police leaving an expensive car unlocked in a poor urban neighborhood: if law enforcement provides a large enough incentive, he suggested, then eventually someone will make criminal use of it.

While it’s politically useful for federal authorities to demonstrate progress on prosecuting terrorism—even if it often involves trumped-up cases—the flip side of that political reality is the conservative politicians and writers who see discussions of right-wing political violence as a threat to their own constituency, downplaying the severity of the threat from the Far Right. A July 2014 study found that law enforcement rated sovereign extremists the number one terrorist threat in the U.S.,55 and the February 2015 DHS report on right-wing extremism documented the extent of assaults on law enforcement and other government personnel.56 But saying this publicly has consistently led to hostile responses from conservative media. The DoJ Domestic Terrorism Executive Committee was re-launched in June 201457 but, as of February 2015, had not yet held a meeting, according to a former DHS analyst. It’s worth noting that right-wing violence has also increased in Europe58 and Israel59 over the past several years, but this trend is similarly invisible across the Western political discourse of terror- ism. In Europe, it was the Charlie Hebdo attacks that became emblematic of terrorism, not the Anders Breivik massacre in Norway, even though Breivik’s attacks were six times deadlier.

Many Muslims convicted of terrorism can only be understood as dangerous if their actual life circumstances are subsumed by a narrative of global jihad.

The differential treatment of Islamic and far-right terrorism cases only becomes explicable through the lens of political calculation. The Right Wing is an entrenched element of the U.S. cultural and political power structure, raising the costs of high profile law enforcement action. The primary targets of federal anti-terrorism investigations have been Muslim men defined by their vulnerability rather than their power. In late February, the latest case to hit the news involved a young man who wanted to go to Syria to fight for ISIS, but his FBI handler had to procure his travel documents, because his mother wouldn’t give him his passport.60

This 19-year-old can only be understood as dangerous if his actual life circumstances are subsumed by a narrative of global jihad. This pattern of systemic targeting and differential prosecution is fully in keeping with well-documented law enforcement practices of racial/ethnic profiling of African Americans and with the internment of Japanese Americans during WWII. The suppression of information about right-wing movements creates a double-erasure in which Muslims can only be seen through the lens of the global “War on Terror,” while right-wing militants continue to be depicted as isolated and troubled individuals instead of social movement actors. This combination may serve a range of political and economic interests, but it does little for the health and safety of the U.S. population.

The FBI and DoJ distinction between “homegrown” and “domestic” terrorism is a political creation and should be ended. The “homegrown” classification locates Muslims as foreign agents operating in the U.S., not as part of the social fabric of this country. The portrayal of U.S. Muslims as potential or actual representatives of global jihad is used to justify the denial of constitutional protections and leads to representing ordinary men—asking religious questions, criticizing the U.S. government, or even going camping with their friends—as a threat to society. It is past time to apply the same constitutional protections to everyone, and develop a response to terrorism based in analysis of patterns of violence instead of political costs and benefits.

Naomi Braine is an Associate Professor in the Sociology Department at Brooklyn College, CUNY, and a lifelong activist in struggles for social justice. Her political and intellectual work has addressed mass incarceration, the “War on Drugs”/drug policy, HIV and collective action, and, more recently, the “War on Terror.”

Endnotes

  1. Jaime Fuller, “Everything You Need to Know about the Long Fight between Cliven Bundy and the Federal Government.” Washington Post, April 5, 2014. Online at http:// www.washingtonpost.com/blogs/ the-fix/wp/2014/04/15/everything- you-need-to-know-about-the-long- fight-between-cliven-bundy-and-the- federal-government/.
  2. Valerie Richardson, “Cliven Bundy Taunts Feds by Enjoying the ‘freedoms’ to Graze His Cattle on Disputed Land.” Washington Times, December 29, 2014. Online at http://www.washingtontimes.com/ news/2014/dec/29/rancher-cliven- bundy-still-grazing-his-cattle-on- d/?page=all.
  3. David Horsey, “Cliven Bundy’s Militamen Are Neither Terrorists nor Patriots.” Los Angeles Times. April 22, 2014. Online at http://www. latimes.com/opinion/topoftheticket/ la-na-tt-cliven-bundys-militiamen- 20140421-story.html.
  4. Chase Hoffberger and Michael King, “Shooter Had ‘Hate in His Heart.’” Austin Chronicle, December 5, 2014. Online at http://www. austinchronicle.com/news/2014-12- 05/shooter-had-hate-in-his-heart/.
  5. Paul Shinkman, “Obama Continues Push to Separate Islam, Extremists.” US News & World Report, February 19, 2015. Online at http://www.usnews.com/news/ articles/2015/02/19/amid-criticism- obama-continues-push-to-separate- islam-extremists.
  6. Congressional Research Service. Countering Violent Extremism in the United States. By Jerome P. Bjelopera, February 19, 2014.
  7. Office of Intelligence and Analysis. Sovereign Citizen Extremist Ideology Will Drive Violence at Home, During Travel, and at Government Facilities. Dept. of Homeland Security, February 5, 2015.
  8. “Deadly Attacks Since 9/11.” New America Foundation. Online at http://securitydata.newamerica.net/ extremists/deadly-attacks.html.
  9. Southern Poverty Law Center. Terror From the Right: Plots, Conspiracies and Racist Rampages SinceOklahomaCity.January1,2012. Online at http://www.splcenter.org/ get-informed/publications/terror- from-the-right.
  10. Office of Intelligence and Analysis Right Wing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment. Dept. of Homeland Security, April 7, 2009.
  11. “DHS’ Domestic Terror Warning Angers GOP.” CBSNews. April 16, 2009. Online at http://www. cbsnews.com/news/dhs-domestic- terror-warning-angers-gop/.
  12. Heidi Beirich. Southern Poverty Law Center. Inside the DHS: Former Top Analyst Says Agency Bowed to Political Pressure. January 1, 2011. Online at http://www.splcenter.org/ get-informed/intelligence-report/ browse-all-issues/2011/summer/ inside-the-dhs-former-top-analyst- says-agency-bowed.
  13. Heidi Beirich. Southern Poverty Law Center. Inside the DHS: Former Top Analyst Says Agency Bowed to Political Pressure. January 1, 2011. Online at http://www.splcenter.org/ get-informed/intelligence-report/ browse-all-issues/2011/summer/ inside-the-dhs-former-top-analyst- says-agency-bowed.
  14. Personal Communication with former DHS Agent.
  15. The FBI’s official definitions of terrorism differentiate only between “international terrorism” and “domestic terrorism,” however the list of “terrorism” cases formerly available on the DoJ website includes 28 cases considered “homegrown” and no cases involving the radical right. Online at http://www.fbi.gov/about- us/investigate/terrorism/terrorism- definition.
  16. Congressional Research Service. The Domestic Terror Threat: Background and Issues for Congress. By Jerome P. Bjelopera, January 27, 2013.
  17. Department of Justice. Introduction to National Security Division Statistics on Unsealed International Terrorism and Terrorism-Related Convictions. 2010. Online at https://fas.org/irp/agency/ doj/doj032610-stats.pdf.
  18. Southern Poverty Law Center. Terror From the Right: Plots, Conspiracies and Racist Rampages Since Oklahoma City. January 1, 2012. Online at http:// www.splcenter.org/get-informed/ publications/terror-from-the-right.
  19. “Homegrown Extremism 2001- 2015.” New America Foundation. Online at http://securitydata. newamerica.net/extremists/analysis. html.
  20. NYU School of Law Center for Human Rights and Global Justice. Targeted and Entrapped: Manufacturing the “Homegrown Threat” in the United States. 2011. Online at http://www. nlg-npap.org/sites/default/files/ targetedandentrapped.pdf.
  21. “Homegrown Extremism 2001- 2015.” New America Foundation. Online at http://securitydata. newamerica.net/extremists/analysis. html.
  22. Human Rights Watch and Columbia Law School Human Rights Institute. Illusion of Justice: Human Rights Abuses in U.S. Terrorism Prosecutions. July 2014. Online at http://www.hrw.org/sites/default/ files/reports/usterrorism0714_ ForUpload_0_0_0.pdf.
  23. NYU School of Law Center for Human Rights and Global Justice. Targeted and Entrapped: Manufacturing the “Homegrown Threat” in the United States. 2011. Online at http://www. nlg-npap.org/sites/default/files/ targetedandentrapped.pdf.
  24. Human Rights Watch and Columbia Law School Human Rights Institute. Illusion of Justice: Human Rights Abuses in U.S. Terrorism Prosecutions. July 2014. Online at http://www.hrw.org/sites/default/ files/reports/usterrorism0714_ ForUpload_0_0_0.pdf.
  25. Southern Poverty Law Center. Terror From the Right: Plots, Conspiracies and Racist Rampages Since Oklahoma City. January 1, 2012. Online at http:// www.splcenter.org/get-informed/ publications/terror-from-the-right.
  26. Southern Poverty Law Center. Terror From the Right: Plots, Conspiracies and Racist Rampages Since Oklahoma City. January 1, 2012. Online at http:// www.splcenter.org/get-informed/ publications/terror-from-the-right.
  27. Human Rights Watch and Columbia Law School Human Rights Institute. Illusion of Justice: Human Rights Abuses in U.S. Terrorism Prosecutions. July 2014. Online at http://www.hrw.org/sites/ default/files/reports/usterrorism0714_ForUpload_0_0_0.pdf.
  28. Southern Poverty Law Center. Terror From the Right: Plots, Conspiracies and Racist Rampages Since Oklahoma City. January 1, 2012. Online at http:// www.splcenter.org/get-informed/ publications/terror-from-the-right.
  29. Human Rights Watch and Columbia Law School Human Rights Institute. Illusion of Justice: Human Rights Abuses in U.S. Terrorism Prosecutions. July 2014. Online at http://www.hrw.org/sites/ default/files/reports/usterrorism0714_ ForUpload_0_0_0.pdf.
  30. Southern Poverty Law Center. Terror From the Right: Plots, Conspiracies and Racist Rampages Since Oklahoma City. January 1, 2012. Online at http:// www.splcenter.org/get-informed/ publications/terror-from-the-right.
  31. Southern Poverty Law Center. Terror From the Right: Plots, Conspiracies and Racist Rampages Since Oklahoma City. January 1, 2012. Online at http:// www.splcenter.org/get-informed/ publications/terror-from-the-right.
  32. Human Rights Watch and Columbia Law School Human Rights Institute. Illusion of Justice: Human Rights Abuses in U.S. Terrorism Prosecutions. July 2014. Online at http://www.hrw.org/sites/ default/files/reports/usterrorism0714_ ForUpload_0_0_0.pdf.
  33. Chris Hawley and Matt Apuzzo, “NYPD Infiltration of Colleges Raises Privacy Fears.” October 11, 2011. Online at http://www.ap.org/Content/AP-In- The-News/2011/NYPD-infiltration-of- colleges-raises-privacy-fears.
  34. Julia Greenberg, “Michigan Militia Members Acquitted of Conspiracy; Leader Faces Lesser Charges.” CNN. March 28, 2012. Online at http:// www.cnn.com/2012/03/28/justice/ michigan-militia-trial/.
  35. Southern Poverty Law Center. Terror From the Right: Plots, Conspiracies and Racist Rampages Since Oklahoma City. January 1, 2012. Online at http:// www.splcenter.org/get-informed/ publications/terror-from-the-right.
  36. Human Rights Watch and Columbia Law School Human Rights Institute. Illusion of Justice: Human Rights Abuses in U.S. Terrorism Prosecutions. July 2014. Online at http://www.hrw.org/sites/ default/files/reports/usterrorism0714_ ForUpload_0_0_0.pdf.
  37. Congressional Research Service. Terrorist Material Support: An Overview of 18 U.S.C. 2339A and 2339B. By Charles Doyle, July 19, 2010.
  38. Human Rights Watch and Columbia Law School Human Rights Institute. Illusion of Justice: Human Rights Abuses in U.S. Terrorism Prosecutions. July 2014. Online at http://www.hrw.org/sites/ default/files/reports/usterrorism0714_ ForUpload_0_0_0.pdf.
  39. Steven Chermak, Joshua Freilich, and Michael Suttmoeller, “The Organizational Dynamics of Far-Right Hate Groups in the United States: Comparing Violent to Nonviolent Organizations,” in Studies in Conflict and Terrorism. Routledge, 2013.
  40. Human Rights Watch and Columbia Law School Human Rights Institute. Illusion of Justice: Human Rights Abuses in U.S. Terrorism Prosecutions. July 2014. Online at http://www.hrw.org/sites/ default/files/reports/usterrorism0714_ ForUpload_0_0_0.pdf.
  41. “Submission to the United Nations Committee against Torture.” Human Rights Watch. October 20, 2014. Online at http://www.hrw.org/ news/2014/10/20/submission-united- nations-committee-against-torture.
  42. “CMUs: The Federal Prison System’s Experiment in Social Isolation.” Center for Constitutional Rights. March 1, 2013. Online at http://ccrjustice.org/ cmu-factsheet.
  43. Andrew Dalack, “Special Administrative Measures and the War on Terror: When do Extreme Pretrial Detention Measures Offend the Constitution?” in Michigan Journal on Race and Law, vol 19(2). 2014.
  44. Amanda Robb, “Not A Lone Wolf.” Ms. Magazine. January 1, 2010. Online at http://www.msmagazine.com/ spring2010/lonewolf.asp.
  45. Robin Marty, “Meet Joe Scheidler, Patriarch of the Anti-Abortion Movement.” Political Research Associates. January 23, 2015. Online at http://www.politicalresearch. org/2015/01/23/meet-joe-scheidler- patriarch-of-the-anti-abortion- movement/.
  46. Prior to McVeigh’s execution, there were multiple websites that facilitated communication between McVeigh and his supporters.
  47. Heidi Beirich. Southern Poverty Law Center. Inside the DHS: Former Top Analyst Says Agency Bowed to Political Pressure. January 1, 2011. Online at http://www.splcenter.org/ get-informed/intelligence-report/ browse-all-issues/2011/summer/ inside-the-dhs-former-top-analyst-says- agency-bowed.
  48. Office of Intelligence and Analysis. Sovereign Citizen Extremist Ideology Will Drive Violence at Home, During Travel, and at Government Facilities. Dept. of Homeland Security, February 5, 2015.
  49. Ryan Lenz, “The Age of the Wolf.” Southern Poverty Law Center. February 12, 2015. Online at http://www. splcenter.org/lone-wolf.
  50. Ryan Lenz, “The Age of the Wolf.” Southern Poverty Law Center. February 12, 2015. Online at http://www. splcenter.org/lone-wolf.
  51. Jensen, Michael, Patrick James, and Herbert Tinsley, “Profiles of Individual Radicalization in the United States: Preliminary Findings.” National Consortium for the Study of Terrorism and Responses to Terrorism. January 2015. Online at https://www. start.umd.edu/pubs/PIRUS%20 Research%20Brief_Jan%202015.pdf.
  52. Steven Chermak, Joshua Freilich, and Michael Suttmoeller, “The Organizational Dynamics of Far-Right Hate Groups in the United States: Comparing Violent to Nonviolent Organizations,” in Studies in Conflict and Terrorism. Routledge, 2013.
  53. Jeffrey Monaghan, “Security Traps and Discourses of Radicalization: Examining Surveillance Practices Targeting Muslims in Canada.” Surveillance and Society, vol 12(4). 2014.
  54. NYU School of Law Center for Human Rights and Global Justice. Targeted and Entrapped: Manufacturing the “Homegrown Threat” in the United States. 2011. Online at http://www. nlg-npap.org/sites/default/files/ targetedandentrapped.pdf.
  55. David Carter, Steve Chermak, Jeremy Carter, and Jack Drew, Understanding Law Enforcement Intelligence Processes: Report to the Office of University Programs, Science and Technology Directorate, U.S. Department of Homeland Security. National Consortium for the Study of Terrorism and Responses to Terrorism. July 2014.
  1. Office of Intelligence and Analysis. Sovereign Citizen Extremist Ideology Will Drive Violence at Home, During Travel, and at Government Facilities. Dept. of Homeland Security, February 5, 2015.
  2. “Reestablishment of Committee on Domestic Terrorism: Statement of Atty. Gen. Eric Holder.” Main Justice. June 3, 2014. Online at http:// www.mainjustice.com/2014/06/03/ reestablishment-of-committee-on- domestic-terrorism-statement-of-atty- gen-eric-holder/.
  3. Vidhya Ramalingam, “The European Far Right Is on the Rise, Again.” The Guardian. February 13, 2014. Online at http://www.theguardian. com/commentisfree/2014/feb/13/ european-far-right-on-the-rise-how-to- tackle.
  4. Inna Lazareva, “Far-Right Extremism on the Rise in Israel as Gaza Conflict Continues.” The Telegraph. July 26, 2014. Online at http://www. telegraph.co.uk/news/worldnews/ middleeast/israel/10992623/Far- Right-extremism-on-the-rise-in-Israel- as-Gaza-conflict-continues.html.
  5. Marc Santora and Nate Schweber, “In Brooklyn, Eager to Join ISIS, If Only His Mother Would Return His Passport.” The New York Times. February 26, 2015. Online at http://www.nytimes. com/2015/02/27/nyregion/isis-plot- brooklyn-men.html?ref=nyregion&_ r=0.

Sidebar Endnotes:

  1. U.S. Department of Justice. Pretrial Detention and Misconduct in Federal District Courts, 1995-2010. By Thomas H. Cohen. February 2013. Online at http://www.bjs.gov/content/pub/pdf/ pdmfdc9510.pdf.
  2. “Torture: The Use of Solitary Confinement in U.S. Prisons.” Center for Constitutional Rights. Online at http://ccrjustice.org/solitary-factsheet.
  3. U.S. Senate Committee on Homeland Security and Governmental Affairs, Permanent Subcommittee on Investigations. Federal Support for and Involvement in State and Local Fusion Centers. October 3, 2012.