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Policy Brief

Domestic Terrorism: How the US Legal System is Falling Short

Despite a rapid increase in domestic terrorism investigations in the United States, the threat that domestic terrorism poses to the homeland remains unclear. This is due to a lack of a comprehensive domestic terrorism legal framework that fully encompasses the variety of ideological groups present in the US. Using a sample of twenty-six QAnon and eighteen incel cases that have been federally prosecuted, our team examined how the US prosecutorial system utilises non terrorism-related charges in addressing domestic violent extremism (DVE) cases. We propose a more inclusive DVE legal framework that expands the categorisation of VE ideologies, identifies specific DVE charges, and requires the engagement of the prosecutorial and probationary offices. By recognising Misogyny Motivated Violent Extremists (MMVEs) and Conspiracy Theory Motivated Violent Extremists (CTMVEs) as their own threat categories, it would allow researchers and practitioners to gain a deeper understanding of how pervasive the threat posed by these ideologies is.