34 Am. U. Int'l L. Rev. 205 (2018-2019)
Preparing to Commit Domestic Terrorist Activity: Does the United States Have Adequate Tools to Stop This

handle is hein.journals/amuilr34 and id is 219 raw text is: 







      PREPARING TO COMMIT DOMESTIC
  TERRORIST ACTIVITY: DOES THE UNITED
       STATES HAVE ADEQUATE TOOLS
                   TO STOP THIS?*

                      DIANE WEBBER**


I. THE  U .K. LEGISLATION ............................................... 206
   A. EXAMPLES OF CONDUCT AMOUNTING TO PREPARATION
      IN U.K. TERRORIST CONVICTIONS ................................ 208
   B. REQUIREMENTS FOR ARREST ........................................ 214
II. PREPARATION TO COMMIT TERRORIST ACTS
   U N D ER U .S. LA W   ........................................................... 215
   A. MATERIAL SUPPORT STATUTES .................................... 215
      1. Examples of Conduct Amounting to Preparation in
         M aterial Support Convictions ................................ 219
   B. RIGHT-WING TERRORISM .............................................. 225
      1. Examples of Conduct Amounting to Preparation in
         Right-wing Terror Cases Since 2014 ..................... 226
   C. REQUIREMENTS FOR ARREST ........................................ 229
III. C O N C LU SIO N   ................................................................. 230


  Imagine this scenario: someone tells the FBI about a conversation
overheard in a caf6 in which two people were laughing and praising a
recent terrorist attack where a man drove a truck into a group of people
in furtherance of a terrorist cause. They both boasted of their postings
on social media about the attack. One of the two said he had been
raising money for the cause, had recently acquired a commercial


* This article is based on an earlier version written at the request of Max Hill Q.C.,
the Independent Reviewer of the United Kingdom Terrorism Legislation.
** Diane Webber S.J.D., Visiting Fellow, Georgetown University, Center on
National Security and the Law.

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