U.S. Department of Justice Office of the Deputy Attorney General ‘The Deputy Attorney Genera Weshingzon, D.C. 20530 March 8, 2021 MEMORANDUM FOR ALL FEDERAL PROSECUTORS re FROM: THE ACTING DEPUTY ATTORNEY oenenaty/f SUBJECT: Guidance Regarding Investigations and Cases Related to Domestic Violent Extremism Domestic violent extremism, including the threat of domestic terrorism, poses one of the most significant threats to our Nation. The United States Attomey’s Offices, the Federal Bureau of Investigation (FBI), and numerous components across the Justice Department play a critical role in identifying, disrupting, and holding accountable domestic violent extremists who engage in criminal conduet. In confronting this threat, the Department must ensure that it is using all available tools while remaining steadfast in protecting civil liberties and the rule of law. To ensure appropriate coordination and consistency, the Department must have the ability to identify and internally track investigations and prosecutions involving conduct related to domestic violent extremism. Building on the notification required under an existing Justice Manual provision, JM 9-2.137, experience has shown that clarifying and enhancing the current process can bring operational benefits. Accordingly, we are implementing the following new requirements, for any investigation or case with a nexus to domestic violent extremism. ‘What constitutes “domestic violent extremism” and how the Department defines “domestic terrorism” raise important legal and policy considerations. Our response must be consistent, considered, well-coordinated, and informed by the relevant facts and circumstances. For purposes of this guidance—which seeks to enhance our ability to collect information about existing and new cases and investigations for intemal review—the term “domestic violent extremism” should be interpreted broadly and include all violent criminal acts in furtherance of ideological goals stemming from domestic influences, such as racial bias and anti-government sentiment. Effective immediately: Notification of Investigations and Cases Connected to Domestic Violent Extremism 1) Ifacriminal investigation or criminal case (a) involves suspected domestic violent extremism, or (b) bears a material nexus to domestic violent extremism, the assigned Assistant United States Attomey or Trial Attorney handling the matter shall designate it as being “DVE- related.” Such investigations and cases include the following:MEMORANDUM FOR ALL PROSECUTORS, Page 2 SUBJECT: Guidance Regarding Investigations and Cases Related to Domestic Violent Extremism a, Any investigation or case involving conduct that meets the definition of “domestic terrorism,” as set forth in 18 U.S.C. § 2331(5); b. Any investigation designated as a domestic terrorism investigation by the FBI (to include any investigation assigned a “266” case classification by the FBI); and ©. Any investigation or case where a subject or target is believed to have engaged in or attempted to have engaged in domestic violent extremism in the past, if that conduct is reasonably expected to be referenced in connection with the current investigation or case (e.g, in pleadings, hearings, reports prepared by U.S. probation or pretrial services officers, sentencings, or press releases). 2) After determining that an investigation or case is DVE-related, the assigned Trial Attorney or Assistant United States Attomey (or the office’s National Security/Anti-Terrorism Advisory Council (ATAC) Coordinator) shall, as soon as practicable, notify the Counterterrorism Section (CTS) in the National Security Division (NSD). (As noted below, such notification is in addition to the notification to any other Department component that is required to be notified based on the nature of the investigation or case.) Notification to CTS may be provided to the CTS Chief, the CTS Counsel for Domestic Terrorism, or the relevant CTS Regional ATAC Coordinator. Thereafter, the prosecuting office must ensure that CTS receives prompt notification of significant new developments in the case, to include: new charges, pleas, dismissals, trial dates, and sentencings. CTS will consult with the prosecuting office if more detailed notifications are requested. Coordination with CTS Regarding DVE-Related Investigations and Cases 1) In order to ensure accuracy and consistency in this high-priority area, public statements about any DVE-related case that reference domestic violent extremism shall be coordinated among the prosecuting office(s), CTS, other relevant components, and the Department's Office of Public Affairs (OPA). 2) Unless CTS directs otherwise, prosecutors must submit for review and approval by CTS, prior to filing, any charging document or other court filing that contains descriptions of the particular nexus of a subject/defendant, or of the conduct under investigation, to domestic violent extremism and/or groups engaged in domestic violent extremism. CTS in its review shall seck to ensure accuracy and consistency in such descriptions in filings nationwide." In matters of extreme exigency where advance coordination with CTS is not possible, prosecutors should at the first practicable moment notify CTS of the event and must thereafter comply with the requirements herein and coordinate with CTS going forward. If. prosecuting office’s Criminal Chief or First Assistant United States Attomey concludes that operational imperatives require expedited review, CTS will expedite its review.MEMORANDUM FOR ALL PROSECUTORS Page 3 SUBJECT: Guidance Regarding Investigations and Cases Related to Domestic Violent Extremism 3) In any case that requires the approval or authorization from another component of the Department (¢.g., those described in JM 6-2.000, 8-3.000, or 9-2.400), the review and approval from CTS described in the preceding paragraph shall not be necessary. The approving or authorizing component shall consult with CTS regarding filings and other public descriptions of the material nexus of a subject/defendant, or of the conduct under investigation, to domestic violent extremism and/or groups engaged in domestic violent extremism. Additional Responsibilities of CTS 1) CTS shall be responsible for tracking DVE-related investigations and cases across the Department. In the event that CTS becomes aware that a DVE-related investigation relates to another active investigation, CTS shall notify all relevant offices to ensure proper coordination, CTS will coordinate with other Department components as appropriate regarding any DVE- related matter that implicates criminal prosecutions subject to their respective approvals or authorizations. 2) When CTS becomes aware of an investigation or case that should be designated as DVE- related but where the assigned prosecutor has not yet notified CTS, CTS shall notify the relevant office(s) and the investigation or case shall be designated as DVE-related going forward, Existing Justice Manual Provisions Unaffected ‘Any case or investigation designated as DVE-related will remain subject to any applicable existing Justice Manual provisions and requirements, including reporting requirements to or approvals from the National Security Division, Civil Rights Division, Tax Division, and/or Criminal Division, as required. Updates to the Justice Manual Its anticipated that updates will be made to the Justice Manual in due course to reflect the new requirements outlined herein.