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Brian McEvoy of Polsinelli (lefte) and Brian Rafferty of Polsinelli. (Courtesy photos) Brian McEvoy of Polsinelli (left) and Brian Rafferty of Polsinelli. (Courtesy photos)

In response to the mass shootings in El Paso, Texas, and Dayton, Ohio, President Donald Trump pledged to give federal law enforcement authorities “whatever they need” to investigate and prevent acts of domestic terror. Federal Bureau of Investigation Director Christopher Wray has ordered FBI field offices to conduct more affirmative outreach and proactive investigations to prevent large scale gun violence. Many are calling for the enactment of a domestic terrorism statute, to empower federal law enforcement with the same tools currently available to investigate and prosecute individuals responsible for acts of international terror. However, the increased use of federal law enforcement resources to combat acts of domestic terror and the enactment of domestic terrorism statutes are not without controversy and raise constitutional concerns.

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