Citing Plot Against Whitmer, Nessel Urges Congress To Adopt Stronger Federal Anti-Domestic Terrorism Laws

By Laina G. Stebbins, the Michigan Advance

March 24, 2021

Dana Nessel | Ken Coleman

Attorney General Dana Nessel testified before a congressional Homeland Security subcommittee Wednesday morning, alongside two other state attorneys general, for a hearing meant to explore ways the federal government can better address and confront domestic terrorism issues.

Nessel spoke and answered questions virtually along with Nevada Attorney General Aaron Ford and Wisconsin District Attorney John Chisholm. U.S. Rep. Elissa Slotkin (D-Holly) chairs the Intelligence and Counterterrorism Subcommittee.

Nessel spoke at length about the need for federal laws to be much stronger against acts of terrorism, using the 2020 right-wing plot to kidnap and kill Gov. Gretchen Whitmer as an example.

“Quite honestly, we did not have the federal laws available in order to properly charge these individuals with the conduct of which they were accused,” Nessel said. “… Had the plot been just to execute the governor, the federal authorities might not have had any charges at all. Had it not involved kidnapping, they wouldn’t have been able to charge her and the state would have had to take [on] each and every one of the possible charges and defendants.”

Nessel said that while Michigan is “uniquely situated to address domestic terrorism” thanks to the 2002 Michigan Anti-Terrorism Act, many states and federal prosecutors are not.

Former DHS official: Plot against Whitmer was ‘reminiscent’ of ISIS

“For example, while federal prosecutors have laws that address providing material support for designated foreign terrorist organizations, there are no laws to address domestic terrorists or homegrown violent extremists. And that is a gap my department has used our state laws to fill,” she said.

“But to fully combat domestic terrorism across the country, changes in federal criminal laws must be made.”

Additionally, Nessel said, more federal funding is needed to properly resource and staff state law enforcement officers and offices of attorneys general.

“If states are doing the heavy lifting, they must be adequately resourced,” she said. Nessel noted that she recently expanded her department’s Hate Crimes Unit to include domestic terrorism, and has directed her department to work state and federal law enforcement to prioritize those cases.

Nessel also noted that on the state level in Michigan, intelligence sharing between local police and Michigan State Police (MSP) is the greatest weakness when it comes to communication. Better information sharing about who could be at risk for committing acts of violence could prevent tragedies, she said.

“Importantly, I want to emphasize that terrorism is a messaging crime,” Nessel said. “Domestic terrorists seek to send a message of fear, to intimidate and coerce the conduct of government — all government. Government must send its own message back by labeling extremist violence as domestic terrorism. Labels matter.

“Prosecuting hate-motivated attackers as terrorists sends the clear message that the threat of extremism is just as significant when it is based on domestic, political, religious or social ideologies, as it is when it’s based on violent jihadism.”

This story was originally published by the Michigan Advance. For more stories from the Michigan Advance, visit MichiganAdvance.com.