National Internal Security/Terrorism Prosecutions for September 2024
The latest available data from the Justice Department show that during September 2024 the government reported 96 new national internal security/terrorism prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 77.8 percent over the previous month.
The comparisons of the number of defendants charged with national internal security/terrorism-related offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys (see Table 1).
When monthly 2024 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was up (19.1%). Prosecutions over the past year are still much higher than they were five years ago. Overall, the data show that prosecutions of this type are up 128.5 percent from levels reported in 2019.
The substantial growth in these cases is partly related to increases in the matters filed in U.S. Magistrate Courts. If magistrate cases are excluded and only Federal District Court cases are counted, the overall increase in national internal security/terrorism prosecutions is 73.9 percent instead of 128.5 percent. The evidence suggests that part of the difference may be the result of improvements in the recording of the magistrate cases by the Justice Department.
Figure 1. Monthly Trends in National Internal Security/Terrorism Prosecutions
The increase from the levels five years ago in national internal security/terrorism prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of national internal security/terrorism prosecutions of this type recorded on a month-to-month basis. Where a prosecution was initially filed in U.S. Magistrate Court and then transferred to the U.S. District Court, the magistrate filing date was used since this provides an earlier indicator of actual trends. The superimposed line on the bars plots the six-month moving average so that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.
Within the broad category of national internal security/terrorism, cases were classified by prosecutors into more specific types.
Case types within national internal security/terrorism are
Matters Relating to National Internal Security
International Terrorism Incidents Which Impact on U.S.
Domestic Terrorism
Terrorism Related Hoaxes
Terrorist Financing
Export Enforcement Terrorism Related
Anti-Terrorism/Environmental
Anti-Terrorism/Identity Theft
Anti-Terrorism/Immigration
Anti-Terrorism/OCDETF Drugs
Anti-Terrorism/Non-OCDETF Drugs
Anti-Terrorism/Violent Crime
Anti-Terrorism/All Others
National Security/Critical Infrastructure Protection
The largest number of prosecutions of these matters in September 2024 was for "Terrorism-Domestic", accounting for 80.2 percent of prosecutions. Prosecutions were also filed for "Internal Security Offenses" (7.3%), "Terrorism-Critical Infrastructure Protec" (5.2%), "Terrorism-International" (2.1%), "Terrorism-Related Export Enforcement" (2.1%), "Terrorism-Related Hoaxes" (2.1%). See Figure 2.
The lead investigative agency for national internal security/terrorism prosecutions in September 2024 was FBI accounting for 96 percent of prosecutions referred. Other agencies with substantial numbers of national internal security/terrorism referrals were: DHS (2% ), DEA (1%). See Figure 3.
National Internal Security/Terrorism Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In September 2024, 56 defendants in national internal security/terrorism cases for these matters were filed in U.S. Magistrate Courts. These courts handle less serious misdemeanor cases, including what are called "petty offenses." In addition, complaints are sometimes filed in the magistrate courts before an indictment or information is entered. In these cases, the matter starts in the magistrate courts and later moves to the district court where subsequent proceedings take place.
In the magistrate courts in September the most frequently cited lead charge was Title 18 U.S.C Section 1752 involving "Temporary residence and office of President, etc.". This was the lead charge for 60.7 percent of all magistrate filings in September.
Other frequently prosecuted lead charges include: "18 USC 111 - Assaulting, resisting, impeding certain officers" (8.9%), "18 USC 231 - Civil Disorders" (8.9%).
National Internal Security/Terrorism Prosecutions in U.S. District Courts
In September 2024, 40 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during September there were an additional 13 defendants whose cases moved from the magistrate courts to the U.S. district courts after an indictment or information was filed. The sections which follow cover both sets of cases and therefore cover all matters filed in district court during September.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of national internal security/terrorism matters filed in U.S. District Court during September 2024.
Lead Charge Count Rank 1yr ago 5yrs ago 18 USC 1752 - Temporary residence and office of President, etc. 20 1 1 12 More 18 USC 111 - Assaulting, resisting, impeding certain officers 8 2 6 24 More 18 USC 115 - Influencing, impeding, or retaliating against a Federal official 2 4 10 9 More 18 USC 231 - Civil Disorders 2 4 3 - More 18 USC 844 - Explosives - Importation and storage of explosives 2 4 8 3 More 18 USC 875 - Interstate Communications 2 4 2 1 More 26 USC 5861 - Tax on Making Firearms - Prohibited acts 2 4 18 7 More 18 USC 32 - Destruction of aircraft or aircraft facilities 1 9 13 24 More 18 USC 554 - Smuggling goods from the United States 1 9 - 12 More 18 USC 793 - Gathering/transmitting/losing defense information 1 9 - 12 More 18 USC 879 - Threats against former Presidents and certain othe 1 9 - - More 18 USC 951 - Agents of foreign governments 1 9 10 24 More 18 USC 1366 - Destruction of an energy facility 1 9 13 - More 18 USC 1751 - Presidential and Presidential staff assassination, 1 9 18 - More 18 USC 1924 - Unauthorized removal/retention of classified docs 1 9 - - More 18 USC 2280 - Violence against maritime navigation 1 9 - - More 49 USC 46306 - Aircraft Registration Violations 1 9 - - More 49 USC 46506 - Application of Criminal Laws to Acts on Aircraft 1 9 - - More Table 2. Top Charges Filed
"Temporary residence and office of President, etc." (Title 18 U.S.C Section 1752) was the most frequent recorded lead charge. "Temporary residence and office of President, etc." (Title 18 U.S.C Section 1752) was ranked 1 a year ago.
Ranked 2nd in frequency was the lead charge "Assaulting, resisting, impeding certain officers" under Title 18 U.S.C Section 111. "Assaulting, resisting, impeding certain officers" under Title 18 U.S.C Section 111 was ranked 6 a year ago.
Ranked 3rd was "Other US Code Section" under Title U.S.C Section. "Other US Code Section" under Title U.S.C Section was ranked 7 a year ago, while it was ranked 9 five years ago.
Among these top ten lead charges, the one showing the greatest increase in prosecutions — up 400 percent — compared to one year ago was Title 26 U.S.C Section 5861 that involves " Tax on Making Firearms - Prohibited acts ". Compared to five years ago, the largest increase — 4200 percent — was registered for prosecutions under " Temporary residence and office of President, etc. " (Title 18 U.S.C Section 1752 ).
Again among the top ten lead charges, the one showing the sharpest decline in prosecutions compared to one year ago — down 50 percent — was " Destruction of aircraft or aircraft facilities " (Title 18 U.S.C Section 32 ). Compared to five years ago, the most significant decline in prosecutions — 33.3 percent — was for filings where the lead charge was " Smuggling goods from the United States " (Title 18 U.S.C Section 554 ).
Top Ranked Judicial Districts
In September 2024 the Justice Department's case-by-case records show that the government brought 19.1 national internal security/terrorism prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of national internal security/terrorism prosecutions that are filed in each of the nation's ninety-four federal judicial districts.
The districts registering the largest number of prosecutions per capita for these matters last month are shown in Table 3. Districts must have at least 5 national internal security/terrorism prosecutions to receive a ranking.
Judicial District Percapita Count Rank 1yr ago 5yrs ago D. C. 5,716 32 1 1 1 More Table 3. Top 10 Districts (per ten million people)
The District of Washington, D.C. (Washington) — with 5716 prosecutions as compared with 19.1 prosecutions per ten million population in the United States — was the most active during September 2024. The District of Washington, D.C. (Washington) was ranked 1 a year ago, while it was ranked 1 for most frequent use five years ago.
The federal judicial district which showed the greatest growth in the rate of national internal security/terrorism prosecutions compared to one year ago — 1.2 percent — was Washington, D.C. (Washington). This was the same district that had the largest increase — 1400 percent — when compared with five years ago.
In the last year, the judicial District Court recording the largest drop in the rate of national internal security/terrorism prosecutions — 29.5 percent — was Washington, D.C. (Washington). But over the past five years, showed the largest drop — percent.
Top Ranked District Judges
At any one time, there are about 680 federal District Court judges working in the United States. The judges recorded with the largest number of new national internal security/terrorism crime cases of this type during September 2024 are shown in Table 4.
Judge Count Rank Moss, Randolph Daniel D. C. 5 1 More Walton, Reggie B. D. C. 3 2 More Bates, John D. D. C. 3 2 More Chutkan, Tanya Sue D. C. 3 2 More Friedrich, Dabney Langhorne D. C. 3 2 More Contreras, Rudolph D. C. 2 6 More McFadden, Trevor Neil D. C. 2 6 More Coogler, L. Scott Ala, N 1 8 More Johnson, Herman N., Jr. Ala, N 1 8 More Willett, Eileen S. Arizona 1 8 More Kollar-Kotelly, Colleen D. C. 1 8 More Boasberg, James Emanuel D. C. 1 8 More Jackson, Amy Berman D. C. 1 8 More Cooper, Christopher Reid D. C. 1 8 More Kelly, Timothy James D. C. 1 8 More Cannon, Aileen Mercedes Fla, S 1 8 More Maloney, Paul Lewis Mich, W 1 8 More Rosenthal, Lee Hyman Texas, S 1 8 More Table 4. Top Ten Judges
A total of 12 out of the "top ten" judges were in districts which were in the top ten with the largest number of national internal security/terrorism filings per capita, while the remaining 6 judges were from other districts. (Because of ties, there were a total of 18 judges in the "top ten" rankings.)
Judge Randolph Daniel Moss in the District of Washington, D.C. (Washington) ranked 1st with 5 defendants in national internal security/terrorism cases.
Judges Reggie B. Walton in the District of Washington, D.C. (Washington), John D. Bates in the District of Washington, D.C. (Washington), Tanya Sue Chutkan in the District of Washington, D.C. (Washington) and Dabney Langhorne Friedrich in the District of Washington, D.C. (Washington) ranked 2nd with 3 defendants in national internal security/terrorism cases.
Report Generated: November 1, 2024
