There is precedent for companies that not only receive information about law enforcement during domestic terrorist investigations, but also work directly with the FBI. German says it was particularly clear during the response to a wave of oil pipeline protests in the early 2010s.

Records published by news website Grist and Type investigations found that the FBI in one protess case considered one pipeline operator as a ‘domain interester’, giving the company ‘direct access to the White House’ and privileged information. The company was also invited to strategize with the FBI, the Department of Home Security, National Wait and Local Police. And there are discussions on how to ensure ‘coordination and resource management’ not only among law enforcement, but also with the company.

Another pipeline constructor hired a firm to monitor and infiltrate protest groups and write intelligence reports, sometimes shared with the federal law enforcement and local police, according to the Intercept reporting. One of these pipeline operators informed local police on the proposed pipeline route on how to follow criminal charges against the organizers, Grist reports.

Even after the protests decreased, oil and gas companies remained near the police and the government. One Canadian pipeline company paid more than $ 5 million for the policyline protests in 2020 and 2021. Since 2017, fossil fuels have forced more than 20 states to adopt laws that have “critical infrastructure” such as oil and gas pipelines a criminal offense, according to the records obtained by the Guardian.

Although it is unclear how the current domestic terrorism investigations of the FBI will play out, Musk and other Tesla drivers can eventually have similar access to and influence on it. If the cases go to court, Tesla may also be eligible for government remuneration in the form of the court order restitution.

Such funds are often used to pay the families of terrorism victims, but German says that wired corporations are also eligible. In a successful criminal case, he says that he sees no reason why Tesla would not be compensated. Tesla may also be eligible for money from reimbursement programs for terrorism victims on the state, which receives financing from the federal government.

Risks for protesters

Domestic terrorist investigations are often loaded. Organizations such as the American Civil Liberties Union have argued that the FBI regularly uses them to unfairly investigate activists and color communities without adequate supervision.

President Trump said his administration taking Tesla incidents very seriously. “People who sabotage Teslas will have a very good chance of going to jail for up to twenty years, and that includes the funders,” Trump wrote in a position on social media on Thursday. “We’re looking for you !!!”

Hina Shamsi, director of the ACLU’s National Security Project, says that instead of “focusing on the most serious criminal behavior that harms life”, federal agencies wasted and abused their authority by “alleged non-violet-civil disobedience or vandalism as justification for abusive investigations and other activists.”

Historically, says German, the FBI has endorsed an idea called ‘radicalization theory’, suggesting that the beliefs of extremists naturally escalate from moderate and widespread beliefs. The logic, he says, justifies the FBI that throws a wide supervision, especially when it comes to monitoring activists.

“They suggest that anyone who has a similar ideology is willing to commit the same kind of crime,” German explains. “We have seen a lot of abuse of the FBI investigative authorities, especially around household advocacy groups.”

Five years ago, the FBI used the Foreign Intelligence Act to investigate people who participate in Black Lives Matter protests and investigate whether they have ties with terrorists. The doj inspector general cites the incident an example of the FBI’s “widespread non-compliance” with FISA rules.

German claims that in this case, instead of focusing on people who allegedly committed arson or violent acts, the FBI’s focus can eventually explore people who say express an anger or hostility to Tesla or Elon Musk.