Summary: This week’s episode features an extended discussion of domestic terrorism as a legal category and as a policy category, in light of the attack in El Paso. Among other aspects, we discuss:<br> <br> * Substantive criminal charging options at the state and federal levels<br> * Arguments for an against federal expansion into this area<br> * Federal terrorism crimes that can be applied in domestic terrorism cases<br> * The pros and cons of expanding the “designated terrorist organization” concept to domestic groups<br> * Preventive charging in the domestic terrorism context<br> * What it would mean to (try to) import foreign terrorism intelligence-collection authorities into the domestic terror setting<br> <br> We also discuss an important cert. petition pending before SCOTUS, raising the question whether noncitizens in the expedited removal context can invoke the Suspension Clause (DHS v. Thuraissigiam)<br> After an otherwise somber discussion, stay tuned at the end for some light-hearted frivolity celebrating the improbable recent surge of the New York Mets and the fully-probable and ongoing surge of the Houston Astros.<br>
