The FBI had at least 26 confidential informants on the ground in Washington, DC, during the Jan. 6, 2021 storming of the Capitol — most of whom engaged in illegal activity during the chaos, the Justice Department’s watchdog confirmed in a bombshell report.
Leadership at the bureau had long been adamant that it did not have sources who “orchestrated” the riot. Questions about whether the FBI had informants involved in the riots were met with “conspiracy theory” labels by many mainstream media outlets.
“If you’re asking if the violence at the Capitol was part of some operation orchestrated by FBI sources or agents, the answer is no!” outgoing FBI director Christopher Wray told lawmakers back in July. Wray had long refused to divulge exactly how many informants were present that day.
FBI informants engaged in illegal activity
But the DOJ’s Office of the Inspector General found that of the FBI’s confidential sources on the ground, four entered the Capitol in the midst of the riot and 13 went into a restricted area. Only nine were not found to have engaged in illegal activity, according to a long-awaited report released Thursday.
Critically, that report also shot down unsubstantiated speculation that the bureau had agents stoking some of the mayhem that day,
“We found no evidence in the materials we reviewed or the testimony we received showing or suggesting that the FBI had undercover employees in the various protest crowds, or at the Capitol, on January 6,” the report said.
Only three of its 26 informants present had been instructed to observe potential domestic terrorist suspects on the day of the riot, the DOJ watchdog found. The rest of the 23 appear to have gone to the Capitol of their own accord.
The FBI did not give its informants permission to flout the law by entering restricted areas, the watchdog report stressed.
“Our review concluded that none of these three FBI [informants] were authorized to enter the Capitol or a restricted area, or to otherwise break the law on January 6, nor was any [informant] directed by the FBI to encourage others to commit illegal acts on January 6,” the report said, referring to the three informants instructed to go there by FBI field offices.
Some of the 26 informants in question had obtained information about the planned movements of right-wing groups such as the Oath Keepers and Proud Boys during the events surrounding the storming of the Capitol, per the report.
At least one informant “indicated they had concerns for the safety of Members of Congress on Jan. 6.”
“For those keeping score at home, this was labeled a dangerous conspiracy theory months ago,” Vice President-elect JD Vance posted on X in response to the report.
Previously known FBI had informants there
It had been previously known that the FBI had some informants on the ground during the riot — but the exact scope was unclear. Lawmakers had peppered officials with questions to that effect but were greeted with sidestepping.
Months later, the New York Times reported that one of the Capitol rioters was caught texting his FBI handler real-time information as the ransacking unfolded.
Other court documents also previously indicated that there were FBI informants on the ground. Eventually, former FBI Washington Field Office director Steven D’Antuono confirmed to lawmakers last year that informants were indeed present during the riot.
FBI’s missteps
The watchdog assessed that it was appropriate for the bureau to lean on informants that day, concluding that due to the potential threats on the ground, “the FBI, therefore, should have canvassed its field offices for any relevant [informant] information in advance of Jan. 6.”
However, the bureau later inaccurately reported to Congress that it canvassed field offices for threats prior to the riot. In reality, there was “no canvassing of field offices for source information had occurred,” according to the watchdog, which attributed the mishap to confusion and poor coordination.
To prevent repeats of dubious reporting to Congress, the inspector general’s office recommended that the bureau take steps to ensure better clarity over its procedures revolving around situations that haven’t officially been designated special security events but have the potential to pose significant security concerns.
“[FBI should] ensure that its processes and procedures set forth with clarity the division of responsibilities,” the report recommended. “[And] clearly define a mechanism for making a formal determination whether and what kind of a nationwide intelligence and [informant] canvass is necessary and appropriate under FBI policies.”
That was the sole recommendation within the report.
FBI was not running point on intel gathering over Capitol riot
The inspector general’s office also found that the FBI did not have “primary responsibility” for intelligence gathering or security on the day of the riot,” but “recognized the potential for violence and took significant and appropriate steps to prepare for this supporting role.”
The watchdog noted that it “did not identify any potentially critical intelligence in the FBI’s possession as of January 6 that had not been provided to, or was not otherwise known to law enforcement stakeholders prior to January 6.”
When reached for comment, the FBI referred The Post to its response that had been attached to the report, which said the “FBI continues to disagree with certain of the factual assertions in the report regarding the manner of specific steps, and the scope of the canvass undertaken” prior to the riot.
“The FBI nonetheless accepts the OIG’s recommendation regarding potential process improvements for future events.”
