Episode 131: El Paso and Domestic Terrorism

August 6, 2019

This week’s episode features an extended discussion of domestic terrorism as a legal category and as a policy category, in light of the attack in El Paso.  Among other aspects, we discuss:

  • Substantive criminal charging options at the state and federal levels
  • Arguments for an against federal expansion into this area
  • Federal terrorism crimes that can be applied in domestic terrorism cases
  • The pros and cons of expanding the “designated terrorist organization” concept to domestic groups
  • Preventive charging in the domestic terrorism context
  • What it would mean to (try to) import foreign terrorism intelligence-collection authorities into the domestic terror setting

We also discuss an important cert. petition pending before SCOTUS, raising the question whether noncitizens in the expedited removal context can invoke the Suspension Clause (DHS v. Thuraissigiam)

After an otherwise somber discussion, stay tuned at the end for some light-hearted frivolity celebrating the improbable recent surge of the New York Mets and the fully-probable and ongoing surge of the Houston Astros.

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