Cross Posted from The Stars Hollow Gazette

Attorney General Loretta Lynch announced a 33 count indictment against Dylann Roof on federal hate-crime charges for the June 17 killing of nine African American worshipers in Charleston, South Carolina This leaves a bigger question that was asked by Jenna McLaughlin at “The Intercept,” why wasn’t Roof charged with terrorism?

Some media outlets, lawyers, public figures and activists have called for Roof to be charged not just with a hate crime, an illegal act “motivated in whole or in part by an offender’s bias,” but with the separate label of domestic terrorism. Critics contend that the label of terrorism is too often only applied to Islamic extremists, and not white supremacists or anti-government anarchists. Many were outraged after FBI Director James Comey balked at the term during a June 20 press conference, telling reporters he didn’t see the murders “as a political act,” a requirement he designated as necessary for terrorism.

Roof’s crime certainly seems to fit the federal description of domestic terrorism, which the FBI defines as “activities … [that] involve acts dangerous to human life that violate federal or state law … appear intended to (i) intimidate or coerce a civilian population, (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.” [..]

It turns out there was one major obstacle in charging Roof with domestic terrorism: The crime does not exist. [..]

Even when the USA Patriot Act, post 9/11, redefined terrorism to include domestic crimes, the provision simply allowed the government to investigate more broadly what it called “terrorism.” Actually charging someone with domestic terrorism remains a separate matter. Even criminals who use bombs or send money to ISIS – or Boston Marathon bomber Dzhokhar Tsarnaev – are not charged with the crime of terrorism. [..]

But shootings, regardless of motivation, intention or number of deaths, likely don’t count. “It doesn’t seem like a shooting would fit,” says Faiza Patel, co-director of the Brennan Center’s Liberty and National Security Program. “Or else a lot of crime would get caught up” in the terrorism net, she tells me.

There are, however, “aggravating factors” to be considered during sentencing, which prosecutors usually list on a formal indictment, and which can be used to determine whether the death penalty is justified, and those include “substantial planning and premeditation,” to”cause the death of a person” or “commit an act of terrorism.”

In Roof’s case, the DOJ did not mention terrorism as an aggravating factor, but did reference (pdf) “substantial planning and premeditation to cause the death of a person” for several of his charges.[..]

Lynch did not explain why “terrorism” was not listed as an aggravating factor in Roof’s indictment, though she did emphasize that the DOJ views hate crimes as “the original domestic terrorism.” She noted that Roof’s case, including his “discriminatory views towards African Americans” and his decision to target “parishioners at worship,” made his crime a clear-cut case of a federal hate crime. [..]

Lynch was asked whether or not there should be a federal domestic terrorism penalty to help bridge the gap between crimes like the shooting of five military personnel in Chatanooga, Tennessee – which was immediately branded as terrorism, by law enforcement and media alike – and Roof’s case, which was not. Lynch acknowledged the argument that leaving out the word terrorism may cause people to feel like the government “doesn’t consider those crimes as serious.”

Ms. McLaughlin is incorrect in her statement that “domestic terrorism” does not exist in the law. This FBI’s definition of 18 U.S.C. § 2331 which defines “international terrorism” and “domestic terrorism” for purposes of Chapter 113B of the Code, entitled “Terrorism”:

“International terrorism” means activities with the following three characteristics:

   Involve violent acts or acts dangerous to human life that violate federal or state law;

   Appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and

   Occur primarily outside the territorial jurisdiction of the U.S., or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.*

“Domestic terrorism” means activities with the following three characteristics:

   Involve acts dangerous to human life that violate federal or state law;

   Appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination. or kidnapping; and

   Occur primarily within the territorial jurisdiction of the U.S.

18 U.S.C. § 2332b defines the term “federal crime of terrorism” as an offense that:

   Is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and

   Is a violation of one of several listed statutes, including § 930(c) (relating to killing or attempted killing during an attack on a federal facility with a dangerous weapon); and § 1114 (relating to killing or attempted killing of officers and employees of the U.S.)

Emphasis mine

And just as a note, to those in this piece who don’t think that guns are not “dangerous weapons,” well, they are

By his own statement and the fact that Rev. Clementa Pinckney was an elected state official, Dylann Roof’s acts, under this definition, is clearly an act of terrorism.

The argument against the charge of terrorism by a young white man who was clearly influenced by the politics of racial hatred is specious. It is clearly indicative of the Obama administration and its Justice Department think that black lives do not matter as much as instilling the fear in US citizens of attacks by those who have been influenced by Islamic extremism. Racism is political and it is an extremist view and it is endemic in this country. it is long past time that the law is brought down to bear on the greater threat that racism is to Americans and our democracy.  

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Monday June 13, 1904

From The Indianapolis News: More Union Miners Deported from Cripple Creek District

BELL SAYS SOCIALISTS ARE CAUSE OF TROUBLES

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SAYS HE WILL DRIVE FEDERATION FROM GOLD CAMP.

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THE ONLY HOPE FOR PEACE

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CRIPPLE CREEK, June 13.-Gen. Sherman Bell has given out a statement concerning his action in deporting strikers and the causes leading up to the same. He attributes the recent troubles growing out of the miners’ strike, and the strike itself to the Socialist element in the Western Federation of Miners, which, he says, captured the organization two years ago. He declares that the federation has made unionism a secondary consideration, and the organization, root and branch, is being made a vehicle for the promotion of socialism. The leaders, he asserts, have not hesitated to cause “weak and willing members to commit any crime to strike terror to property owners or working men who refuse to abide their dictates.” The murder of non-union men by blowing up the Independence station, he charges, was “perpetrated with the aid and advice of federation leaders and by men in their employ.” The only hope for peace and security of life and property was “to exterminate the federation from the camp.”

General Bell and staff attended church yesterday and transacted no business, except what was absolutely necessary. Another party of 100 deported miners left Victor to-day, their destination being either New Mexico or Utah. The saloons of the district were opened to-day for the first time in a week.

Practically all the large mines in this district which closed down last Monday, after the explosion at Independence, were working to-day. The Portland mine has not yet been reopened and the company has not announced its plans.

[emphasis added]

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An Appeal to Gompers.

KANSAS CITY. June 13.-The Industrial Council of this city, which claims to represent 25,000 union members, adopted resolutions [yesterday] asking President Gompers, of the American Federation of Labor, to call a meeting of the executive board of that  organization for the purpose of devising means to settle the Colorado labor troubles. Telegrams were sent to President Roosevelt asking him to investigate and to Governor Peabody, condemning his actions by the orders of the Industrial Council. Mother Jones addressed the meeting.

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Miners Remain at Holly.

HOLLY, Colo., June 13.-Ten of the deported miners from Cripple Creek left here at midnight Saturday for La Junta, Pueblo and Denver. The remainder are staying in town. They have paid cash for their meals and lodging and made purchases at stores. It is probable that a considerable number of the exiles will go into the country to seek work on the ranches.

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Today’s edition of the St. Louis Republic reports that Mother Jones addressed the Kansas City, Missouri, Industrial Council yesterday, and that the following telegram was sent to Governor Peabody of Colorado:

The Industrial Council of Kansas City, Mo., in regular session assembled, condemns your action as unamerican, uncivilized and barbarous in the extreme, in your treatment toward workingmen and women of Colorado. For such acts Russia, in her darkest ages, would blush with shame.

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Sunday June 12, 1904

Cripple Creek District, Colorado – Deported Miners Dumped Near Kansas Border

The miners who were herded down the street on Friday by militiamen and Citizens’ Alliance “deputies” and then loaded into railroad cars and deported from the Cripple Creek strike zone, were found near the Kansas border yesterday. The following report comes to us from today’s San Francisco Call:

EXILED MINERS, HUNGRY AND WEARY,

CAMP ON THE COLORADO BORDER

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Deported Men Are Taken to the Kansas Line by Troops.

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Left on a Bleak Prairie Without Food or Water Supply.

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SYRACUSE, Kansas, June 11.-The deported Colorado miners camped at Holly to-night, just across the Colorado line. They were notified to-night that a special train would be sent to take them all to Denver.

HOLLY, Colo., June 11. – With a parting volley of rifle bullets, fired over their heads by the militia and deputies to, warn them to “hike” eastward as fast as their legs could carry them and never again set foot on Colorado soil, ninety-one union miners from the Cripple Creek district were unloaded from a special Santa Fe train on the prairie this morning, one half mile from the Colorado-Kansas State line, and left to shift for themselves. The exiles were disembarked in haste and without ceremony. The guards and deputies were tired out and in ill humor from their long, tedious trip from the Teller County gold camp and were in no mood to extend any special courtesies or kindness to their unfortunate charges.

“Hurry up there, you fellows,” cried Lieutenant Cole, when the train stopped in the midst of the alkali sand dunes that dot the prairie in the vicinity of the eastern part of Powers County near the Kansas line. “We haven’t got any time to waste out here.”

WITHOUT FOOD OR WATER.

And no time was wasted. The special, which consisted of an engine, a combination baggage car and smoker and two day coaches, had no sooner come to a standstill than the car doors were unlocked and thrown open and the order given by Lieutenant Cole for the exiles to leave the train.

“Step lively, you fellows, step lively,” admonished Deputy Benton, who was in command of the civil forces of the expedition, and in less time than it takes to tell it the three cars were emptied of their passengers and the train was started on its way back to La Junta.

The men were dumped out on the cheerless prairie without food or water, for the soldiers and deputies, in their haste to get home, had forgotten to unload the small stock of commissary supplies the train carried when it left Victor yesterday afternoon.

SPIRIT OF MEN BREAKS

The exiles were a cheerless lot, indeed. Without even a light and miles from the nearest habitation, they huddled together in groups on either side of’ the Santa Fe track and discussed their plight. Warned to move eastward, on pain of being rearrested  and severely handled, and notified by the Kansas authorities that they would not be allowed to seek refuge in that State, the spirit of the men broke. Many of them walked  back westward on the railroad to Holly, the Salvation Army colony in Colorado, where the charitable inhabitants provided breakfast for them. Some of them later started to walk to Lamar, Colo.

Sheriff Jack Brady and forty deputies of Hamilton County were at the State line to prevent the deported men entering Kansas.

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CLAIMS TO HAVE MURDERERS.

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Bell Declares Independence Dynamiters Are In Bullpen.

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CRIPPLE CREEK, Colo., June 11.-General Sherman M. Bell to-day made the following statement for publication:

“I have indisputable evidence in my possession which will lead to the conviction of  union men for the murder of non-union miners who were killed in the Independence explosion. We have between thirty-five and forty men in the bullpen who will swing for this crime. We are only waiting to capture three or four men before we tell what our evidence Is.”

SOURCE

The San Francisco Call.

(San Francisco California)

-of June 12, 1904

Ahttp://chroniclingamerica.loc.gov/lccn/sn85066387/1904-06-12/ed-1/seq-22

Image

Miners Being Deported from Cripple Creek District

http://www.rebelgraphics.org/w…

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Saturday June 11, 1904

From The Topeka Daily Capital: Mother Jones Continues Heading East

“MOTHER” JONES WAS HERE

———-

Is One of the Staff of President John Mitchell

“Mother” Jones, who has been prominently identified with the Colorado miners’ strike and is on the immediate staff of John Mitchell of the United Mine workers, was in Topeka for a short time yesterday afternoon. She called upon the local machinists and made a short talk at their meting. She left for the East last night.

More from the Cripple Creek Strike zone, a report from the Daily News-Democrat of Huntington, Indiana:

UNION MINERS ARE BANISHED

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WORK OF DEPORTATION FROM CRIPPLE CREEK BEGINS.

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TRAIN LOAD IS TAKEN AWAY

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Men will Probably be Taken to Kansas State Line-

Will Not Be Permitted to Land In Colorado Cities.

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Colorado Springs, Col., June 11-Acting under the orders of Adjt. Gen. Sherman Bell, of the state national guard, a special train was made up shortly after noon Friday in the Short Line yards at Victor for the deportation of 76 union miners. The train was composed of a combination baggage car and two day coaches. Almost immediately the work of loading the men began. They were marched to the train between heavy lines of military and deputies. A crowd of fully 1,000 people had collected to see the men placed on board. Among the spectators were wives and sisters, fathers and mothers of the deported men, and the scenes were very affecting.

Mayor Harris of this city, had been apprised of the decision to deport the men, and immediately took steps to see that none of them landed in Colorado Springs. Under his instructions a large force of officers and deputy sheriffs met the special train at 6:10 p. m. for that purpose. No attempt was made, however, to unload the men here, arrangements having previously been made to send them to Kansas state line, over the Santa Fe, because of protests made against taking them to Pueblo or Denver and leaving them there.

Kansans Indignant.

Syracuse, Kan., June 11.-Sheriff Brady of this county received a telegram from Sheriff Barr, of La Junta, Col., stating that a special train, carrying 140 deported miners from Colorado, would reach Coolidge and unload the miners in Kansas. Citizens of this county are indignant at this proceeding of the Colorado authorities, and an appeal has been made to Gov. Bailey to prevent Colorado from dumping her alleged undesirable citizens into Kansas.

Will Soon Be Rid of Agitators.

Cripple Creek, Col., June 11.-The woman’s auxiliary of the miners’ union has been forbidden by the military authorities to hold meetings.

“Within 48 hours this district will be rid of all agitators and other objectionable men.” said Gen. Bell, Friday. “One deportation after another will be made until none of the men who have terrorized the district so long will be left here”

Apparently by “men who have terrorized the district so long” Gen. Bell means striking union miners, and not the members of the Citizens’ Alliance who have been rampaging through the Cripple Creek Strike zone these past several days, destroying union property, trashing the union relief stores, and rounding up, beating, and threatening union miners and local officials who are deemed too sympathetic to the union cause. Without any proof whatsoever, the Western Federation of Miners is blamed for the explosion at the Independence Station on June 6th, and this has provided Gen. Bell, the militia, and the Citizens’ Alliance with the excuse they needed for this final assault on union organization in the Cripple Creek District.

The wives and children of the deported miners are now left behind to manage the best they can. The union relief stores on which they depend for food and other necessities of life have all been destroyed.

SOURCE

The Topeka Daily Capital

(Topeka, Kansas)

-of June 11, 1904

http://www.newspapers.com/imag…

The Cripple Creek Strike

-by Emma F Langdon

(Part I, 1st pub 1904)

NY, 1969

http://www.rebelgraphics.org/w…

See also:

Hellraisers+Cripple creek independence explosion

http://www.dailykos.com/search…

Image

Cripple Creek Deportations of June 1914

http://www.rebelgraphics.org/w…

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