Watchdog Report Reveals FBI Informant Presence, Absence of Agents at Capitol Riot

A recent report from the Justice Department indicates that over twenty-four FBI informants were in Washington D.C. prior to the 6 January 2021 disturbance at the U.S. Capitol. However, the report clarified that no full-time undercover agents were either present or involved in the event itself. It also stated that while the agency’s informants lacked authorization to enter the Capitol or participate in the riot, four individuals did breach the building. Furthermore, the report identified a failure by the FBI to take the “basic step” of effectively utilizing its field offices nationwide to collect intelligence that might have forewarned the riot. This finding comes amidst a long-standing promotion by certain right-wing figures, including House Republicans, of a fringe conspiracy theory alleging the FBI’s involvement in orchestrating the event. The Capitol was breached by a crowd on the day the 2020 presidential election results were being certified. Since then, hundreds of individuals have been apprehended and faced criminal charges for their involvement. President-elect Donald Trump has pledged to pardon “most” of those convicted in connection with the 6 January events upon his anticipated return to the White House in January. The report, issued by the Justice Department’s Office of the Inspector General, identified 26 “confidential human sources,” or paid informants, present in Washington on the day of the riot. Three of these individuals had assignments to collect intelligence for domestic terrorism investigations, potentially involving attendees of the 6 January rallies, with one of them entering the Capitol building. The other 23 sources were not instructed to be in the vicinity and acted independently. Some of these individuals were in communication with or accompanying members of extremist groups such as the Proud Boys and Oath Keepers. In total, four of the 26 confidential sources entered the Capitol during the disturbance, and an additional 13 entered the restricted zone surrounding the Capitol, a security perimeter established for the 6 January election certification. It was noted that none of the confidential sources who entered the Capitol or its surrounding areas faced criminal charges for trespassing. Confidential sources are distinct from full-time, trained undercover agents. The Justice Department characterizes these sources as individuals “believed to be providing useful and credible information to the FBI” and therefore requiring confidential management. Following the riot, the FBI faced examination from legislators who raised concerns about the deployment of informants and whether greater efforts could have been made to collect intelligence and avert the incident. Although the report, authored by Justice Department Inspector Michael Horowitz, concluded that the FBI had recognized the potential for violence on that day and implemented “appropriate” measures, it overlooked a “basic step” by failing to survey its field offices for relevant intelligence. This omission, the report suggested, “could have helped the FBI and its law enforcement partners with their preparations” leading up to the riot. Around 1,572 individuals have been criminally charged in federal court for their involvement in the riot. This total encompasses nearly 600 charges for assaulting, resisting, or impeding law enforcement personnel, and 171 charges for employing a deadly or dangerous weapon. Trump, who has previously labeled the rioters as “patriots” and “political prisoners,” stated in a recent interview that he is “going to be acting very quickly” to grant pardons to “most” of those implicated in the riot. Notwithstanding the president-elect’s assurance, the Justice Department has persisted in apprehending and charging alleged participants in the riot during recent weeks.