Facts and Biases: "Mass shootings are terrorism when perpetrated by Muslims"

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Legally and morally, we see intent as the best way to distinguish terrorism from mass murder. Federal law defines terrorism as certain violent acts “that 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.”

But because Hodgkinson is dead and did not declare an aim to dethrone the House majority to which his victims belong, we can only speculate about his motives. Like so many other killers in recent years, it’s impossible to know what his specific goals were, because he didn’t tell anyone. We know that these people intended to commit murder, but not why. And if we assume we know — as in the case of Syed Rizwan Farook in San Bernadino or Jared Lee Loughner in Tucson — it’s probably because of our preexisting stereotypes or our partisanship. Mass killings look the most like terrorism when their perpetrators seem the most alien from the Judeo-Christian, white majority. That’s no way to judge a crime. We need a new way to classify these attacks.
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This discrepancy poses two dangers. First, the assumption that mass shootings are terrorism when perpetrated by Muslims but not by others may lead law enforcement and the public to overlook threats posed by non-Muslims. For instance, civil rights lawyer and former FBI agent Mike German, who infiltrated white supremacist groups, has argued that the domestic threat posed by right-wing extremist groups is as great as, if not greater than, that posed by Arab or Muslim terrorists, and yet has been largely ignored by the FBI. A report by the Government Accountability Office tallied 106 killings perpetrated by right-wing extremists in the United States from Sept. 12, 2001, to the end of 2016, more or less equal to the 119 by Muslim extremists in that time. While the exact number in each category may change slightly depending on how we classify individual attacks, the point is that there’s close to parity in the danger posed by each group.

Second, it’s possible that law enforcement and other decision-makers will acknowledge and respond to this singular focus on Muslims by overcompensating in the opposite manner so as to appear nondiscriminatory. The Fort Hood shooter, for example, had repeatedly drawn complaints from fellow soldiers for appearing to justify terrorist attacks against Americans in the Middle East. The FBI was even aware that Hasan had been in email contact with al-Qaeda provocateur Anwar al-Awlaki. It is one thing to avoid racial or religious stereotyping but another to ignore red flags for fear of being perceived as bigoted, as appears to be the case with Hasan. Yet this tension is inherent in stereotype-based law enforcement.

One first step toward resolving the question of “what is terrorism?” — at least in the colloquial sense — is to stop focusing so much on the perpetrator’s perceived intent and to look more at the effects of the violent act. Today, attackers such as Hodgkinson, Hasan, Rizwan, Malik, Loughner and Roof have one thing clearly in common: Even if it’s not clear why, they want to kill as many people as possible. That should be enough to call them all terrorists.

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James T. Hodgkinson, the man who shot five people at a Republican baseball practice Wednesday, including a member of Congress, harbored ill will toward President Trump and the GOP. So was Hodgkinson a terrorist?