OPINION: Let’s not render Idaho’s domestic terrorism law useless

Idaho’s landmark Terrorist Control Act will be rendered useless by passage of a bill recently introduced in the Idaho Senate. Among other things, the TCA makes it a serious felony for two or more people to conspire to threaten or intimidate any citizen in the enjoyment of any constitutional right by the use of violence. Senate Bill 1220 would decriminalize any violent conspiracy that was not done in cooperation with a “foreign terrorist organization.” Violent acts like the bombings carried out by the Aryan Nations hate group in northern Idaho in 1986 could no longer be prosecuted under the TCA.

Aryan Nations members exploded a pipe bomb at Father Bill Wassmuth’s home in Coeur d’Alene on Sept. 15, 1986, and set off three other bombs a few days later. Father Bill was shaken, but not physically injured, and there were no injuries sustained in the other blasts. The bombs were designed to intimidate and silence those like Father Bill who were exercising their constitutional right to speak out against the dangerous white supremacist group. Because the bombs did not result in bodily injury to Father Bill or others, Idaho law could not adequately punish the bombers for their violent actions. 

It was clear that Idaho needed to take action against violent domestic terrorists. As Idaho’s Attorney General, I proposed tough legislation in 1987, which failed in the House due to opposition from the National Rifle Association. I worked with the NRA and we were able to agree on strong language for the TCA, which remains on our law books today. The NRA proposed adding language from the federal Ku Klux Klan Act of 1871, which primarily targeted violent conspiracies by KKK members to prevent freed slaves from voting, speaking out, holding office and exercising other constitutional rights. The KKK Act language significantly improved and strengthened the TCA. 

The sponsor of SB1220 is a level-headed legislator who seems to have the misconception that the TCA, as written, could be used to prosecute school patrons. It simply would not happen, unless the patrons engaged in a violent conspiracy to deprive others of their constitutional rights. The KKK Act has been on the federal books since 1871 and I’m unaware of any case where non-intimidating, non-conspiring, non-violent school patrons have faced federal charges under that law. No inappropriate charges have been filed in Idaho under the TCA. In fact, the entire purpose of the TCA is to protect the constitutional rights of all Idahoans from violent conspiracists. That purpose is repeated throughout the present law.

The problem with SB 1220 is that it would require a prosecutor to prove beyond a reasonable doubt, even in an egregious situation like the Aryan Nation bombings in 1986, that the violent acts were “done in cooperation with any foreign terrorist organization.” Without that proof, the conspirators could not be held to account. The U.S. currently lists about 70 foreign terrorist organizations, including Hamas, al-Qaeda, Hezbollah, Boko Haram and ISIS-Mozambique. The chances that any of those groups would team up with conspirators in Idaho to commit violent acts is almost nil. The foreign cooperation requirement essentially guts the Terrorist Control Act.

On the other hand, domestic terrorist incidents have increased dramatically in the United States in recent years. The Government Accountability Office reported last year that domestic terrorism-related cases increased 357% from 2013 to 2021. These are not cases involving foreign terrorist organizations.

The 1986 Coeur d’Alene bombings finally awakened the entire state to the serious threat the Aryans posed to the safety of those in the area and to the image of the Gem State as a whole. Out of concern for the economic impact on commerce, the Idaho business community rose up in opposition to the group and its poisonous agenda. The TCA was enacted in response. With the growing threat of domestic terrorism in the U.S. and the consequent endangerment to the constitutional rights of Idaho citizens, this is not the time to neuter the TCA. That law was passed to rid our beautiful state of violent white supremacists. Let’s not put out the welcome mat for them.

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Jim Jones is a Vietnam combat veteran who served eight years as Idaho Attorney General and 12 years as a justice on the Idaho Supreme Court. His columns are collected at JJCommonTater.com.