Justice Department Inspector General Michael Horowitz said there were over two dozen confidential human sources in the crowd on January 6; however, only three were assigned by the FBI to be present for the event. The bureau stressed that none of the sources were authorized or directed by them to “encourage others to commit illegal acts” or “break the law.”
On Thursday, Horowitz released his highly-anticipated report on the FBI’s Handling of its Confidential Human Sources and Intelligence Collection Efforts in the Lead Up to the January 6, 2021, Electoral Certification.
“Today’s report also details our findings regarding FBI CHSs who were in Washington, D.C., on January 6,” states the report. “Our review determined that none of these FBI CHSs was authorized by the FBI to enter the Capitol or a restricted area or to otherwise break the law on January 6, nor was any CHS directed by the FBI to encourage others to commit illegal acts on January 6.”
The report revealed that the FBI had a minor supporting role in responding on January 6, 2021, mainly because the Department of Homeland Security did not deem the event at the highest security level.
However, Horowitz said the FBI took appropriate and significant steps to prepare for that role.
According to the report, 26 confidential human sources were in the crowd that day, but the bureau assigned only three to be there.
One of the three confidential human sources assigned by the FBI to attend the rally entered the Capitol building, while the other two entered the restricted area surrounding it.
If a confidential human source is directed to attend a specific event, the FBI pays them for their time.
“One FBI field office tasked CHS to travel to DC to report on the activities of a predicated domestic terrorism subject who was separately planning to travel to DC for the January 6 Electoral Certification; a second FBI field office tasked a CHS to travel to DC to potentially report on two domestic terrorism (DT) subjects from another FBI field office who were planning to travel to DC for the events of January 6; and a third CHS, who had informed their handling agent that they intended to travel to DC on their own initiative for the events of January 6, was similarly tasked by their field office to potentially report on two DT subjects from other FBI field offices who were planning to travel to DC for the events of January 6,” states the report.
Horowitz stressed that the FBI did not authorize or encourage sources to enter the Capitol or any restricted area or commit any illegal acts.
On January 6, 23 of the confidential human sources came to the Capitol alone. Three entered the Capitol during the incident, and another 11 sources entered the restricted area surrounding it.
However, Horowitz said investigators “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.”
As for reimbursement provided to confidential human sources, Horowitz stated at least one was “reimbursed” for their travel, even though CHS “was only tasked with attending the Inauguration and not the electoral certification on January 6.”
FBI: Bureau didn’t have primary responsibility for intelligence collection, security
Reacting to Horowitz’s Thursday report, the FBI said the bureau “did not have primary responsibility for intelligence collection or even security on January 6 but ‘recognized the potential for violence and took significant and appropriate steps to prepare for this supporting role.’ Further, the Report includes the OIG’s analysis regarding the FBI’s use of confidential human sources (CHSs) and concludes that no FBI CHSs ‘were authorized to enter the Capitol or a restricCapitola or to otherwise break the law on January 6, nor was any CHS directed by the FBI to encourage others to commit illegal acts on January 6.’”
The FBI said it accepts the recommendations of Horowitz moving ahead, specifically for the FBI to “assess the processes and procedures it uses to prepare for events that it determines present potential domestic security issues — but have not been designated as NSSE or SEAR events by DHS — to ensure that its processes and procedures set forth with clarity the division of responsibilities between and within the relevant FBI field office and FBI Headquarters.”
The FBI said the DHS has since designated the upcoming 2025 certification of the election an event of national special security and said the bureau “is coordinating closely with DHS, the U.S. Secret Service, the U.S. Capitol Police, and other responsible agencies in preparation for the 2025 electoral certification and the subsequent Presidential Inauguration.”
“The FBI is nonetheless committed to assessing our policies and procedures for other, non-NSSE future events, as recommended, to ensure that they clearly set forth the division of labor among FBI field offices and divisions,” said the FBI.
Horowitz testified on Capitol Hill earlier in the year before the House Select Subcommittee on the Weaponization of the Federal Government, a subcommittee of the House Judiciary Committee.
During the hearing, Horowitz didn’t deny that federal government confidential human sources were in the crowd during the Capitol January 6, 2021 incident.
“This report confirms what we suspected,” said House Judiciary Committee Chairman Jim Jordan. “The FBI had encouraged and tasked confidential human sources to be at the Capitol that day. ThCapitole 26 total present. Four entered the Capitol and weren’t Capitol, which is not the same treatment that other Americans received.”
“This has been our concern all along — agencies being weaponized against the American people. It’s not how our system is supposed to work.”
Jordan reminded that two inspector general reports were released this week — one focused on CHSs on January 6 and one earlier in the week about the FBI spying on congressional staffers during its Donald Trump-Russia investigation, including President-elect Trump’s nominee for director of the FBI, Kash Patel, while he was on the House Intelligence Committee.
“There were two IG reports this week, and I think they may have had something to do with Mr. Wray’s announcement this week,” said Jordan.
On Wednesday, FBI Director Christopher Wray announced he would resign next month before Trump takes office.
“When Chris Wray first got there back in 2017, the FBI was spying on congressional Hill staffers, including the guy who is slated to replace him, and then the day after he announces he’s leaving, this report comes out and confirms what so many of us suspected, that there were these confidential human sources present on January 6,” said Jordan.
