Mr. Speaker, I thank the Vice President for his excellent leadership, for his professionalism, and, frankly, for his faithfulness to our Constitution. Not only would it be an abuse of the 25th Amendment for Mike Pence to invoke it to make…
Mr. Speaker, I thank the Vice President for his excellent leadership, for his professionalism, and, frankly, for his faithfulness to our Constitution.
Not only would it be an abuse of the 25th Amendment for Mike Pence to invoke it to make a political statement, it is clearly not our role in Congress to do what we are doing here tonight or what is proposed to be done by the majority.
Speaker Pelosi claims that President Trump incited the mob that attacked the Capitol at a rally. As Mr. McClintock spoke earlier, he read the President's statement. He encouraged people to come peaceably and patriotically.
The Washington Post is reporting something that I would hope that our chairman of the Permanent Select Committee on Intelligence would know about. The FBI report warned of war at the Capitol the day before the attack on our Capitol. I am curious how someone proposes that the President incited the mob at a rally the day before the rally.
Mr. Speaker, I include in the Record the article.
[From The Washington Post, Jan. 12, 2021]
FBI Report Warned of `War' at Capitol, Contradicting Claims There Was
No Indication of Looming Violence
(By Devlin Barrett and Matt Zapotosky)
A day before rioters stormed Congress, an FBI office in
Virginia issued an explicit warning that extremists were
preparing to travel to Washington to commit violence and
``war,'' according to an internal document reviewed by The
Washington Post that contradicts a senior official's
declaration the bureau had no intelligence indicating anyone
at last week's demonstrations in support of President Trump
planned to do harm.
A situational information report approved for release the
day before the U.S. Capitol riot painted a dire portrait of
dangerous plans, including individuals sharing a map of the
complex's tunnels, and possible rally points for would-be
conspirators to meet in Kentucky, Pennsylvania, Massachusetts
and South Carolina and head in groups to Washington.
``As of 5 January 2021, FBI Norfolk received information
indicating calls for violence in response to `unlawful
lockdowns' to begin on 6 January 2021 in Washington, D.C.,''
the document says. ``An online thread discussed specific
calls for violence to include stating `Be ready to fight.
Congress needs to hear glass breaking, doors being kicked in,
and blood from their BLM and Pantifa slave soldiers being
spilled. Get violent. Stop calling this a march, or rally, or
a protest. Go there ready for war. We get our President or we
die. NOTHING else will achieve this goal.''
BLM is probably a reference to the Black Lives Matter
movement for racial justice. Pantifa is a derogatory term for
antifa, a far-left anti-fascist movement whose adherents
sometimes engage in violent clashes with right-wing
extremists.
Yet even with that information in hand, the report's
unidentified author expressed concern that the FBI might be
encroaching on free-speech rights.
The warning is the starkest evidence yet of the sizable
intelligence failure that preceded the mayhem, which claimed
the lives of five people, although one law enforcement
official, speaking on the condition of anonymity to avoid
disciplinary action, said the failure was not one of
intelligence but of acting on the intelligence.
At the FBI office in Norfolk, the report was written within
45 minutes of receiving the information, officials said, and
shared with counterparts in Washington.
The head of the FBI's Washington Field Office, Steven
D'Antuono, told reporters on Friday that the agency did not
have intelligence suggesting the pro-Trump rally would be
anything more than a lawful demonstration. During a news
conference Tuesday, held after The Post's initial publication
of this report, he said the alarming Jan. 5 intelligence
document was shared ``with all our law enforcement partners''
through the joint terrorism task force, which includes the
U.S. Capitol Police, the U.S. Park Police, D.C. police, and
other federal and local agencies.
He suggested there was not a great deal for law enforcement
to do with the information because the FBI at that time did
not know who made the comments. ``That was a thread on a
message board that was not attributable to an individual
person,'' D'Antuono said Tuesday.
D'Antuono did not say what, if anything, the FBI or other
agencies did differently as a result of that information. Nor
did he explain why he told reporters on Friday that there had
been no such intelligence.
Steven Sund, who resigned as Capitol Police chief, said in
an interview Tuesday that he never received nor was made
aware of the FBI's field bulletin, insisting he and others
would have taken the warning seriously had it been shared.
``I did not have that information, nor was that information
taken into consideration in our security planning,'' Sund
said.
Since the riot, agents and prosecutors have been intent on
tracking down and arresting the most violent participants in
the mob, in part because there is already significant online
discussion of new potential clashes for Sunday and again on
Jan. 20, when President-elect Joe Biden is set to take the
oath of office.
Michael R. Sherwin, the acting U.S. attorney for D.C., said
there would be a strike force of prosecutors looking to file
charges of seditious conspiracy where the evidence merited
it.
The Jan. 5 FBI report notes that the information represents
the view of the FBI's Norfolk office, is not to be shared
outside law enforcement circles, that it is not ``finally
evaluated intelligence,'' and that agencies receiving it
``are requested not to take action based on this raw
reporting without prior coordination with the FBI.''
Multiple law enforcement officials have said privately in
recent days that the level of violence exhibited at the
Capitol has led to difficult discussions within the FBI and
other agencies about race, terrorism and whether
investigators failed to register the degree of danger because
the overwhelming majority of the participants at the rally
were White conservatives fiercely loyal to Trump.
``Individuals/Organizations named in this [situational
information report] have been identified as participating in
activities that are protected by the First Amendment to the
U.S. Constitution,'' the document says. ``Their inclusion
here is not intended to associate the protected activity with
criminality or a threat to national security, or to infer
that such protected activity itself violates federal law.
``However,'' it continues, ``based on known intelligence
and/or specific historical observations, it is possible the
protected activity could invite a violent reaction towards
the subject individual or others in retaliation or with the
goal of stopping the protected activity from occurring in the
first instance. In the event no violent reaction occurs, FBI
policy and federal law dictates that no further record be
made of the protected activity.''
The document notes that one online comment advised, ``if
Antifa or BLM get violent, leave them dead in the street,''
while another said they need ``people on standby to provide
supplies, including water and medical, to the front lines.
The individual also discussed the need to evacuate
noncombatants and wounded to medical care.''
On Jan. 6, a large, angry crowd of people who had attended
a rally nearby marched to the Capitol, smashing windows and
breaking doors to get inside. One woman in the mob was shot
and killed by Capitol Police; officials said three other in
the crowd had medical emergencies and died. A Capitol Police
officer died after suffering injuries.
The FBI said in a statement that its ``standard practice is
to not comment on specific intelligence products,'' but added
that FBI field offices ``routinely share information with
their local law enforcement partners to assist in protecting
the communities they serve.''
For weeks leading up to the event, FBI officials discounted
any suggestion that the activities of Trump supporters upset
about the scheduled certification of Biden's election win
could be a security threat on a scale with the racial-justice
demonstrations that followed the police killing of George
Floyd in Minneapolis in May.
While the nation's capital is one of the most heavily
guarded cities on the planet, local and federal law
enforcement agencies sought to take a low-key approach to
last week's event, publicly and privately expressing concerns
that they did not want to repeat last year's ugly clashes
between protesters and police.
Some law enforcement officials took the view that
protesters who support Trump are generally known for over-
the-top rhetoric but not much violence, and therefore the
event did not pose a particularly serious risk, according to
people familiar with the security discussions leading up to
Jan. 6.
Even so, there were warning signs, though none as stark as
the one from the FBI's Norfolk office.
FBI agents had in the weeks before the Trump rally visited
suspected far-right extremists, hoping to glean whether they
had violent intentions, said a person familiar with the
matter who spoke on the condition of anonymity to discuss the
law enforcement activity. It was not immediately clear who
was visited or if the FBI was specifically tracking anyone
who would later be charged criminally. These visits were
first reported Sunday by NBC News.
In addition, in the days leading up to the demonstrations,
some Capitol Hill staffers were told by supervisors to not
come in to work that day, if possible, because it seemed the
danger level would be higher than many previous protests,
according to a person familiar with the warning who spoke on
the condition of anonymity to discuss the matter. Capitol
Police did not take the kind of extra precautions, such as
frozen zones and hardened barriers, that are typically used
for major events near the Capitol.
Federal agents are on high alert as the inauguration nears,
with authorities bracing for possible violence not just in
Washington but also nationwide, officials said.
The FBI recently issued a different memo saying that
``armed protests'' were being planned ``at all 50 state
capitols'' and in D.C. in the run-up to the inauguration,
according to an official familiar with the matter, speaking
on the condition of anonymity to discuss a sensitive law
enforcement matter.
The memo--first reported by ABC News and later confirmed by
The Post--is a raw intelligence product, compiling
information gathered by the bureau and several other
government agencies, the official familiar with the matter
said. Some of it is unverified, and the threat probably will
differ significantly from place to place, the official said.
But the information it highlights to law enforcement is
nonetheless troubling--including that there was data
suggesting people might storm government offices or stage an
uprising were Trump to be removed from office, the official
said.
In a statement, the FBI declined to comment specifically on
the memo about state capitols but said: ``Our efforts are
focused on identifying, investigating, and disrupting
individuals that are inciting violence and engaging in
criminal activity. As we do in normal course of business, we
are gathering information to identify any potential threats
and are sharing that information with our partners.
``The FBI respects The rights of individuals to peacefully
exercise their First Amendment rights,'' it said. ``Our focus
is not on peaceful protesters, but on those threatening their
safety and the safety of other citizens with violence and
destruction of property.''
Others are reporting a timeline that has the breach out of sync as well, but that highlights the importance. There is far too little that we know about this attack on our Capitol.
Here is what we do know. No one has defended this attack on our Capitol. On the contrary, we are missing--willfully missing, in my opinion--a moment of extreme unity in our Nation, just like what was willfully done earlier this year.
At a time of great political and partisan division, even seething anger, one thing all Americans seem to agree on is that these attacks were wrong. The President condemned them. He discouraged violence, not just on January 6 but on other days throughout the year as he talked about law and order and as he talked about something that we finally seem to agree on, that there is a clear distinction between the Constitution's First Amendment protection of the right to assemble peaceably and riots, criminal, unlawful riots.
There is a distinction between rioters and protesters. Frankly, it took us months to agree on that as a body in Congress, but the people of the United States of America agreed to it. They understood it.
I encourage my colleagues across the political spectrum, the Members of Congress gathered here together today and tomorrow, to stand united and move forward with the agreement our country had, that this was wrong.