OpenCDA

June 29, 2020

Do Black Lives Matter Activities = Domestic Terrorism? You Decide

Filed under: Probable Cause — Bill @ 8:49 am

BLM Marxism

OpenCdA believes that Black Lives Matter (BLM) meets the criteria for federal investigation to determine if the group’s actions amount to domestic terrorism as specifically defined in the US Code.

President Trump says he intends to declare Antifa to be a domestic terrorist organization.  Should Antifa be worried about this Trumpian hyperbolic missile strike delivered via a late-night tweet on May 30?

Probably not.   A President can declare a group of people to be a domestic terrorist organization if he wants to, but his tweeting his opinion doesn’t make it factually accurate or the group’s activities illegal.

On the other hand, the actions and activities of a group of people may violate very specific state or federal criminal laws.  Taken together and proven to be related, those aggregated violations can amount to domestic terrorism.  Regardless of how offensive the group’s name may be, laws proscribe behaviors and activities, not organizational names.

On 06-26-2020, Fox News reported  AG Barr directs creation of task force to counter anti-government extremists such as Antifa, ‘Boogaloo group, more’.  If AG Barr believes there is sufficient evidence to authorize a task force investigation of Antifa and Boogaloo group, then it seems logical he would conclude there is more than sufficient evidence to conclude that BLM warrants investigation, too.

In fact, that investigation may have already begun very quietly long before AG Barr’s memorandum was “leaked” to the Washington Post and reported on 06-26-2020.  Barr has done that before.  Recall that by the time he formally and publicly announced the appointment of US Attorney John Durham to investigate Mueller’s Russia probe, Barr and Durham had already begun that investigation weeks before.  We hope he’s doing it again with BLM.

The purpose of this OpenCdA post is to help explain my reasons for believing a criminal investigation of BLM activities is warranted.

LEGAL ELEMENTS OF DOMESTIC TERRORISM (18 USC § 2331)

The United States Code, Title 18, Section 2331 defines domestic terrorism as activities that:

  • involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
  • appear to be intended—
    • to intimidate or coerce a civilian population;
    • to influence the policy of a government by intimidation or coercion; or
    • to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
  • occur primarily within the territorial jurisdiction of the United States.

For example, if an individual places a bomb or incendiary device on or in a building that he knows or should reasonably presume to be occupied by people (“acts dangerous to human life”) then that individual can properly be investigated and ultimately charged under state law (e.g., arson, bombing, homicide if death ensues, etc.) if the admissible evidence proves the elements of the state’s crime.

However, if in addition to developing admissible evidence which proves all the elements of state law violation, the investigation also reveals that the offender’s actions “appear[ed] to be intended” to intimidate or coerce a civilian population; to influence the policy of a government intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, or kidnapping” and the “activity occurred primarily within the territorial jurisdiction of the United States,” then the federal government may be able to additionally charge the offender in federal court with domestic terrorism in violation of 18 USC § 2331.

If the offender in our example is a member of some organization that encourages its knowing participants in crimes amounting to domestic terrorism as a means of achieving its desired results, then the organization can properly be investigated as a domestic terrorist group.

Investigating a group as a domestic terrorist organization has implications affecting otherwise innocent parties who provide funds or other material support for the group in pursuit of its objectives.  Those parties (including corporate sponsors) can be civilly enjoined from or sometimes criminally charged with providing material support to a domestic terrorist organization.   This may be one reason Why Advertisers Won’t Run Ads on Black Lives Matter Content.

RECOMMENDED READINGS TO UNDERSTAND THE CRIMINALITY OF BLACK LIVES MATTER

  • The Privileged and the Oppressed – Progressives’ latest narrative, revealed through Black Lives Matter, by Anne Sorock, published by The Frontier Lab, Chicago, IL, July 2016, 43 pages.  More thoroughly than any of the following reading material, this study imparts background and understanding about the mindset of the three women who founded BLM and of many of BLM’s most ardent activists, allies, and operatives.  Many of the BLM people in key positions self-identify as “trained Marxists” whose motivation is to tear down the American capitalist system and replace it with Marxism.  Their desire is to destroy America.
  • Black Lives Matter:  A Thing of the Left Anchored on a Cop-Hate Strategy, by Jack Fowler, published in National Review online, June 13, 2020, 12 pages.  This article explains exactly why Black Lives Matter has explicitly chosen the police (meaning all law enforcement personnel) to target and destroy in furtherance of its Marxist objectives.   A companion article in the same issue of National Review written by Dan McLaughlin very effectively answers the question asked by article’s title:  Is Black Lives Matter an Idea or an Organization?  
  • Video resurfaces in which Black Lives Matter founder says group’s creators are ‘trained Marxists,’ by Daniel Payne, published in Just the News online, June 20, 2020.  The value in this article is that it has hyperlinks to the Black Lives Matter website as well as to the 2015 video interview of one of Black Lives Matters three co-founders, Patrisse Cullors.
  • The ‘Institutional Racism’ Canard, by Andrew C. McCarthy, published in National Review online June 3, 2020, 9 pages, was a more scholarly writing that used easily understood statistical analysis to debunk the institutional racism demagoguery pimped by liberal leftists.  As McCarthy succinctly explains, “The most dangerous threat to the African-American community in America is not cops.  It is liberals.  The United States is not institutionally racist.  The political system, the criminal-justice system, and academe overflow with political progressives.  The notion that they would tolerate racism in their institutions would be laughable if sensible people were encouraged to think about it rather than mindlessly accept it.  Nor could we conceivably be ‘unconsciously’ racist.  Let’s put aside that to discriminate is to choose, and that, where it exists, racial discrimination is a conscious state of mind.  The reality is that our institutions of opinion are so obsessively racialist, no one in American has the luxury of being unconscious about racism.”
  • Black Lives Matter declares war on police, by Ryan Parry, published in Daily Mail online, June 3, 2020.  This is the news report from the DailyMailTV interview with Hawk Newsome, Chairman of Black Lives Matter’s Greater New York Chapter.  OpenCdA linked to this article in our June 13, 2020, post entitled Starbucks Supports Black Lives Matter.
  • National Arm Of Black Lives Matter Spent Millions On Travel And Consultants, Financial Statements Show, by Andrew Kerr, published in the Daily Caller online, June 18, 2020.  This is the first of two “follow the money” reports herein.
  • Black Lives Matter fundraising handled by group with convicted terrorist on its board, by Jerry Dunleavy, published in the Washington Examiner online, June 25, 2020.  This is the second of two “follow the money” reports herein.
  • Washington state mayor now calls BLM protests ‘domestic terrorism’ after her home vandalized, by Dom Calicchio, published on Fox News online, June 18, 2020.  After you have read the Fox News article, look at the brief security camera video of the vandalism occurring.  Notice that “Her Honor, the Mayor” had the appropriate virtue signals (rainbow flag hanging proudly on her porch and BLM sign in window) clearly visible.  At least the vandal was careful not to get any paint on the flag.  Wouldn’t want to disrespect his/her flag, you know.
  • BLM protest in CDA Idaho (YouTube video), by North Country Off Grid, streamed live on June 4, 2020, and posted on YouTube.  The video appears to be a rough cut with several advertisements inserted which you can skip easily.  Careful viewers will notice the rather large amount of white skin among the BLM protesters.  It is very possible that some of the protesters, many appearing to be college-age white females,  were supplied by a rapidly-growing cottage industry, Rent-A-Cracker.

OpenCdA hopes readers find this information useful.  Please note that some hyperlinks, most notably those associated with periodicals, are often changed.  The linked article may still be on the internet but with a slightly different URL.  Often the most current URL can be found by entering the hyperlink’s text into a search engine, then clicking on the resulting URL.

1 Comment »

  1. United States Code, Title 18, Section 2331 is like so many laws that are enacted. The legislators pat themselves on the back and then the law goes unenforced.

    Comment by Tributary — July 2, 2020 @ 4:11 am

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