DOJ: No undercover FBI agents were present for Jan. 6, countering conspiracy theories

There were no undercover FBI agents on the National Mall on Jan. 6, 2021, as then-President Trump encouraged his supporters to march to the Capitol, according to the Department of Justice's (DOJ) Office of the Inspector General, rebutting a conspiracy theory surrounding the day's events.

“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 inspector general concluded in an 88-page report reviewing the bureau’s response.

The conclusion rejects theories that undercover FBI agents provoked the attack on the Capitol, which has since prompted charges for more than 1,500 figures involved in the riot.

The report did find that some of the FBI’s confidential human sources (CHSs) were present in the crowds, including three who were tasked with monitoring domestic terrorism subjects.

“None of these FBI CHSs were authorized 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 noted.

Beyond the three sources who coordinated with the bureau, the inspector general found that 23 other confidential human sources came to D.C. in connection with the rally, of which four entered the Capitol and another 13 entered the restricted security perimeter set up around the building.

“None of the CHSs who entered the Capitol or a restricted area has been prosecuted to date,” the report concludes.

Following the attack, claims surfaced that undercover FBI agents among the crowd encouraged the attack. The claims align with other conspiracy theories shifting the blame for the riot, including false assertions the attack was carried out by Antifa.

The countering of the conspiracy theory comes amid a broader review of how the FBI handled its intelligence gathering ahead of the attack on the Capitol, with the report faulting the bureau for not pushing field offices to collect more information from informants ahead of the rally.

“Despite playing only a supporting role, the FBI recognized the potential for violence and took significant and appropriate steps to prepare for this supporting role, including attempting to identify known domestic terrorism subjects who planned to travel to DC for the January 6 Electoral Certification” and setting up a command post to coordinate intelligence sharing with other agencies, the report found.

But the report found the bureau fell short in contacting its offices across the country to see what their confidential sources were saying about the planned rally.

“While the FBI undertook significant efforts to identify domestic terrorism subjects who planned to travel to the Capital region on January 6 …we also determined that the FBI did not take a step that could have helped the FBI and its law enforcement partners with their preparations in advance of January 6. Specifically, the FBI did not canvass its field offices in advance of January 6, 2021, to identify any intelligence, including CHS reporting, about potential threats to the January 6 Electoral Certification,” the report found.

In a statement responding to the report, the FBI defended its preparations.

“Although 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 by the FBI in advance of January 6, 2021, a time period during which the Report recognizes as including multiple field offices providing information in response to direction from Washington Field Office and FBI Headquarters, the FBI nonetheless accepts the OIG’s recommendation regarding potential process improvements for future events,” the agency said.

They added that the bureau is “nonetheless committed to assessing our policies and procedures” for actions taken ahead of major events.

Updated at 2:18 p.m.