Attorney General Pam Bondi’s apoplectic reactions to acts of vandalism and arson at Tesla dealerships and showrooms included her labeling these actions as domestic terrorism. If she’s referring to the serious criminal acts allegedly committed by the three individuals already federally charged in connection with attacks on Tesla locations, Bondi happens to be right. Those actions appear to meet the federal definition of domestic terrorism and the perpetrators should be prosecuted for the damage they’ve done.
But I’m more concerned that Bondi, while correctly labeling certain criminal acts, is edging closer to violating some rights along the way.
Bondi is a Trump loyalist, and Musk’s wealth and influence make him arguably Trump’s most consequential ally.
What has my attention is that the singularly focused rhetoric and public displays by Bondi appear motivated by political protection of Tesla’s founder, Elon Musk, and could easily lead to abuse and misuse of federal law enforcement powers impacting tens of thousands of innocent Americans who simply exercise their free speech rights near Tesla locations every weekend. Bondi better brush up soon on her understanding of the constitutionally protected rights of free speech and assembly, because some activist groups have declared Saturday a Tesla Day of Action with protests planned at 277 Tesla locations in the U.S., and 500 across the world.
Bondi seems fixated on what’s happening at Tesla locations as reflected in her language. In a DOJ press release about the three people charged with crimes, she said, “The days of committing crimes without consequence have ended, let this be a warning: if you join this wave of domestic terrorism against Tesla properties, the Department of Justice will put you behind bars.”
First, three arrests, and even 80 reports of vandalism, do not constitute a “wave of domestic terrorism.” That’s because each one of those reports needs to be independently investigated as to motive, if we are to label them as domestic terrorism. Second, our attorney general seems to have forgotten the part of our justice system that involves prosecutors, the courts and defense lawyers. Bondi seems ready to jump straight to “… put you behind bars.”
Musk spent $288 million to get Donald Trump elected. He’s threatened to fund primary GOP challengers against elected Republicans who dare to cross Trump. And, he’s thrown his money into the Wisconsin supreme court race to try and ensure a conservative victory there. Bondi is a Trump loyalist, and Musk’s wealth and influence make him arguably Trump’s most consequential ally.
What does all this mean for the well-intended citizens who show up at their nearby Tesla showroom to peacefully express their objections to an unelected, non-Senate confirmed, multibillionaire acting like he’s co-president and carelessly dismantling government institutions like he’s an inebriated Jenga player?
Guardrails may fail under the intense pressure to save Musk’s electric car company from crashing further down in stock value and sales.
Investigating domestic terrorism is the responsibility of the FBI, which falls under Bondi’s Justice Department, and is led by Kash Patel, another Trump loyalist. During my FBI career, I worked on and supervised domestic terrorism investigations. Once the FBI opens such a case, particularly when it involves the threat of terrorism playing out at a public protest, the bureau can open its tool kit. Physical surveillance, including photographing people, cars and license plates, device location analysis, inserting undercover agents or informants, even using geo-fencing technology to identify cellphone numbers present, can be used to varying degrees to target and isolate those suspected of domestic terrorism.
That’s where the thin line between targeting a terrorist and infringing on the rights of peaceful protesters can get even more thin. There are strict protocols in place to serve as guardrails on how the FBI conducts itself at public gatherings. Yet, with Trump loyalists at the top of the DOJ, and in the top two positions at the FBI, those guardrails may fail under the intense pressure to save Musk’s electric car company from crashing further down in stock value and sales.
Rep. Jasmine Crockett, D-Texas, during a Tesla protest call last week, stated that Musk needed to be “taken down.” That didn’t sound like a threat of violence to me. Yet, Bondi responded during an appearance on “Sunday Morning Futures” on Fox News: “She is an elected public official, so she needs to tread very carefully because nothing will happen to Elon Musk, and we’re going to fight to protect all of the Tesla owners throughout this country.”
That’s interesting coming from Bondi, who helped Trump in his attempts to fight the outcome of the 2020 election, and refused to answer questions during her Senate confirmation hearing about potential pardons for the more than 1,000 defendants and convicts who participated in the Jan. 6, 2021, insurrection at our Capitol. Those people tried to overturn the presidential election — and Trump did pardon them. It seems to me that Bondi is more interested in protecting a car salesman than a democracy.
