The Threat from Unlawful Private Militias Has Evolved. The Federal Government’s Response Must Evolve Too.

Editor’s note: This article is part of a new series from leading experts with practical solutions to democratic backsliding, polarization, and political violence.

The investigations and prosecutions arising from the January 6, 2021 insurrection exposed the key role played by paramilitary groups in the attack on the U.S. Capitol. In particular, the leaders of the Proud Boys and the Oath Keepers were convicted of seditious conspiracy and other charges, highlighting the severity of the threat they posed to our democracy in the aftermath of the 2020 presidential election, when they answered then President Donald Trump’s call to overturn his election loss. Increased scrutiny of these paramilitary groups by the U.S. government, aided by independent online sleuths, has successfully degraded the national extremist networks responsible for assaulting the Capitol. 

Nevertheless, the threat from unlawful private militias — which are not protected by the U.S. Constitution and are prohibited in all 50 states — endures. For example, while the leaders and many members of the Proud Boys have been imprisoned in the years since the January 6th attack, the extremist group is reportedly rebuilding. Most recently, members of the Proud Boys were spotted marching in Springfield, Ohio, amid a spike in violent threats made against the city in response to the baseless demonization of Haitian immigrants by Trump, his running mate, Sen. J.D. Vance, and others.  

The threat from other like-minded extremists is growing as well, even if some of them are more atomized than the Proud Boys. Evidence of the threat they pose to civil society is easy to find.  Private militias and white supremacist groups frequently mobilize against local targets around the country. The result has been a paramilitary movement that is unified by common ideological motivations, even if they appear to lack the operational cohesiveness that they had in 2020.

As a result, the risks that these groups pose have continued to evolve. In the years since January 6th, America has witnessed increased threats, harassment, and attacks on local government officials and others by actors motivated not just by election fraud conspiracy theories, but also other shared ideological beliefs, including: hostility to COVID-19 vaccine requirements; opposition to racial justice movements; a desire to end reproductive freedom; and an antagonistic attitude toward initiatives intended to make schools and communities more welcoming for LGBTQ+ people. New coalitions of openly white supremacist paramilitary groups — such as Patriot Front and Blood Tribe — have risen to prominence, taking a leading role in organizing armed opposition to LGBTQ+ events, which have in some cases resulted in violence. There have also been sporadic instances of violence