WASHINGTON
– Sen. Chuck Grassley (R-Iowa), Ranking Member of the Senate Judiciary
Committee, is pushing for information about whether non-partisan, career
officials were consulted in the creation of recent Biden administration policy
pushes that appear to ignore important context about domestic terrorism and gun
crime in the United States.
In
it’s new “violent crime strategy,” the administration is ignoring both
commonsense and the Justice Department’s own findings about so-called assault
weapons and guns sold by licensed dealers.
“People
are legally buying guns at such a high rate because they no longer have the
safety afforded by a fully funded and empowered police force. The President’s
policy confuses cause for effect: depolicing causes Americans to turn to
firearms to protect themselves. Increased firearm acquisition is fueled by
rising crime rates, not the other way around,” Grassley wrote.
The
Administration also issued a policy to combat domestic terrorism, but fails to
address the 500 domestic terrorism investigations opened in the summer of 2020,
and outright ignores or mislabels anarchist extremism.
In
a letter to Attorney General Merrick Garland, Grassley is pressing to know
whether career officials were consulted on any of these policies, and whether
political appointees sought to change the characterizations of domestic
terrorism attacks.
Full text of the letter to Garland follows
or can be found
HERE.
July 12, 2021
VIA ELECTRONIC
TRANSMISSION
The
Honorable Merrick Garland
Attorney
General
U.S.
Department of Justice
950
Pennsylvania Avenue, N.W.
Washington,
DC 20530
Attorney
General Garland:
I
was greatly concerned after reviewing two new Biden Administration policy
documents last month, which, taken together, suggest Administration efforts to
politicize the Justice Department and force law enforcement professionals to
support ineffectual, partisan policies. I hope you will be able to demonstrate
the Department’s independence.
On
June 15, 2021, the National Security Council issued a policy to combat domestic
terrorism. Although in broad strokes this policy repeated the strategic
objectives and tactical means of a policy previously released by the NSC under
the Trump Administration, I was concerned to see that the policy took an
extremely partisan tone. For example, aside from the commonsense measures to
combat crime such as enhancing cooperation between law enforcement agencies,
there was a familiar emphasis on promulgating gun control and promoting
teaching of critical race theory in schools. The Administration seems to find
every context to be an appropriate one for these same recommendations.
Troublingly, there was no mention of the 500 domestic terrorism investigations
that were opened during the 2020 riots (comprising 25% of the FBI’s current
domestic terrorism investigations), or any strategy to combat anarchist
extremism or any form of leftwing extremism. In fact, the policy went so far as
to re-characterize an attack which the FBI reported only a month earlier as
committed by a black racially motivated violent extremist,
[1]
as “anti-authority” instead.
Only
a week later, on June 23, 2021, the Biden Administration announced a violent
crime strategy, which is, in fact, a gun control strategy. Instead of
acknowledging research that shows that depolicing is at the heart of a violent
crime spike that began in June of 2020,
[2]
the Administration continues to insist that rogue firearms sellers and legal
AR-15 owners are truly to blame. These claims rest on the absolutely
wrong-headed and unconstitutional notion that gun ownership itself is an evil
to be obliterated.
As
DOJ found in 2004 after a review of the so-called assault weapons ban, there
was no demonstrable effect of banning so-called “assault weapons” on the level
of violent crime.
[3] As
a 2013 CDC-commissioned study found, as many as 3 million people a year defend
themselves with a firearm.
[4]
A 2019 study by DOJ found that few firearms used in crime are acquired from
firearm dealers, about 7%, compared to 56% who stole a firearm or bought it in
a black market.
[5]
People are legally buying guns at such a high rate because they no longer have
the safety afforded by a fully funded and empowered police force. The
President’s policy confuses cause for effect: depolicing causes Americans to
turn to firearms to protect themselves. Increased firearm acquisition is fueled
by rising crime rates,
[6]
not the other way around.
In
order to demonstrate that the Department is not influenced by partisan
documents in enforcing the law, please answer the following no later than July
23, 2021:
1.
Was the Department of Justice, including the
FBI, given the opportunity to review the National Security Council’s Countering
Domestic Terrorism product?
2.
Were
career attorneys, such as those in the Counterterrorism Section, given an
opportunity to review the National Security Council’s Countering Domestic
Terrorism product?
3.
Were
career agents, such as those in the Domestic Terrorism Operations Section of
the FBI, given the opportunity to review the National Security Council’s
Countering Domestic Terrorism product?
4.
Has
the FBI changed its characterization of the attack by Micah Johnson, who killed
five police officers in Dallas in 2016, from black racially motivated violent
extremist to “anti-authority”?
5.
If
so, was that change in characterization requested by the political leadership
of the Department of Justice?
6.
If
so, was that change in characterization requested by any political appointee
anywhere in the Administration?
7.
Did
career attorneys or agents recommend teaching critical race theory in schools
as a potential solution for domestic terrorism?
8.
Did
career attorneys or agents recommend expansive gun control as a potential
solution for domestic terrorism?
9.
Did
career attorneys or agents recommend that the policy acknowledge that a quarter
of the current domestic terrorism investigations stem from the 2020 riots?
10.
Did
career attorneys or agents recommend that the policy acknowledge a growing
number of arrests of anarchist extremists, as Director Wray has?
11.
Did
career attorneys or agents recommend adjustments to the policy based on fatal
attacks by black racially motivated violent extremists?
12.
How
prevalent is the use of ghost guns in violent crime?
13.
How
prevalent is the use of semiautomatic rifles in violent crime?
14.
Is
there a historical relationship between rates of legal firearm acquisition and
rates of violent crime?
15.
If
so, does violent crime fuel private firearm acquisition?
16.
How
many firearms are sold annually by “rogue” firearms dealers versus acquired by
other means?
17.
How
much time will the Department of Justice spend supporting the Administration’s
efforts to sue gun manufacturers rather than working on direct law enforcement
activities?
If you have any
questions, you may contact Erin Creegan of my Committee Staff at (202)
224-5225.
Sincerely,
-30-
[1]
Federal Bureau of Investigation and Department of Homeland Security, Strategic
Intelligence Assessment and Data on Domestic Terrorism, 32 (May 2021),
https://www.odni.gov/files/NCTC/documents/news_documents/ndaa-domestic-terrorism-strategic-report-051421.pdf.
[2]
Prof. Paul Cassel, “Explaining the Recent Homicide Spikes in U.S. Cities: The
“Minneapolis Effect” and the Decline in Proactive Policing” (2020).
[3]
Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets
and Gun Violence, 1994-2003 (2004).
[4]
Institute of Medicine and National Research Council of the National Academies,
Priorities for Research to Reduce the Threat of Firearm-Related Violence, 15
(2013).
[5]
U.S. Department of Justice, Bureau of Justice Statistics, Source and Use of
Firearms Involved in
Crimes: Survey of Prison Inmates, 2016
(January 2019).
[6]
See, e.g., John Keilamn, “Faced with
rising crime and social upheaval, more Black Chicagoans are seeking out
firearms for their own protection,” Chicago Trib, Mar. 1, 2021;
https://www.chicagotribune.com/news/breaking/ct-black-gun-ownership-increasing-20210301-y3pdyrzspjdlhbm4ksre2amcfi-story.html.