P F Tinmore, et al,
I've never actually sat in any of the determination meetings. So, up front, I cannot tell you how they actually establish the list.
Rocco, you have never specified what criteria these clowns use to justify their terrorist name calling thing.
(COMMENT)
I do know that recommendations for inclusion on the list, must --- as a minimum, demonstrate how a candidate meets the following criteria established by law.
Definitions of Terrorism in the U.S. Code
18 U.S.C. § 2331 defines "international terrorism" and "domestic terrorism" for purposes of Chapter 113B of the Code, entitled "Terrorism”:
"International terrorism" means activities with the following three characteristics:
- Involve violent acts or acts dangerous to human life that violate federal or state law;
- Appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
- Occur primarily outside the territorial jurisdiction of the U.S., or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.*
"Domestic terrorism" means activities with the following three characteristics:
- Involve acts dangerous to human life that violate federal or state law;
- Appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination. or kidnapping; and
- Occur primarily within the territorial jurisdiction of the U.S.
18 U.S.C. § 2332b defines the term "federal crime of terrorism" as an offense that:
- Is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and
- Is a violation of one of several listed statutes, including § 930(c) (relating to killing or attempted killing during an attack on a federal facility with a dangerous weapon); and § 1114 (relating to killing or attempted killing of officers and employees of the U.S.).
Foreign Intelligence Surveillance Act (1978)(FISA) defines "international terrorism" in a nearly identical way, replacing "primarily" outside the US with "totally" outside the US --- 50 U.S.C. § 1801(c).
(c)“International terrorism” means activities that—
(1) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State;
(2) appear to be intended—
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or coercion; or
(C) to affect the conduct of a government by assassination or kidnapping; and
(3) occur totally outside the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to coerce or intimidate, or the locale in which their perpetrators operate or seek asylum.
However, I am led to believe that there are other political and diplomatic considerations that also enter into the equation. And, there are at times, CONFIDENTIAL determinations that find that it may not be in the best interest of the US to make a public or open determination that might hamper the detection, exploitation and neutralization of such a target. I just know that --- as a minimum, the above criteria must be addressed before a recommendation would be favorably put forward for even consideration.
Most Respectfully,
R