(1) Intent to ambush The defendant committed the offense by an act of ambush. (2) Prior statements advocating for or promoting violence against law enforcement officers The defendant has a prior history of advocating for or promoting acts of violence, including murder or assault, against a law enforcement officer. (3) Participation in or affiliation with anarchist or other violence promoting organization The defendant is a member of or affiliated with any organization that the Attorney General or other high ranking law enforcement official has determined to be an anarchist organization, a domestic terrorist organization, or any other organization or group that actively promotes violence or the overthrow of the Federal Government. (4) Occurrence during organized anti-law enforcement officer activity The offense was committed during a time and in a place when there was active organized activity against or targeting law enforcement officers. (5) Attempt to prevent lawful execution of law enforcement duties The defendant committed the offense in attempt to evade or otherwise prevent the law enforcement officer from carrying out a lawful arrest or other lawful authorized law enforcement activity. (6) Prior threats The defendant has personally made prior threats of violence against a law enforcement officer. (d) Rule of construction Nothing in this section shall be construed as— (1) indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which the State, possession, Commonwealth, or District of Columbia would have jurisdiction in the absence of this section