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Vast Intelligence, Operational Failures Traced as Root of Capitol Riot

A bipartisan team of Senate lawmakers has spent months studying contributory elements to the deadly Jan. 6 siege on the U.S. Capitol and laid out their findings in a 95-page report Tuesday.

WASHINGTON (CN) — Omissions in intelligence, lackluster security planning and botched leadership failed to prevent the deadly attack on the U.S. Capitol in January, two Senate committees found Tuesday in what could very well be lawmakers' last wholly bipartisan effort to probe the events of Jan. 6.

An attempt to establish an independent commission to investigate the attack in depth — including what precipitated it — was blocked by Senate Republicans last week. Though Senate Majority Leader Chuck Schumer has said he may reintroduce legislation forming a commission down the line, such attempts, even if successful, are still unlikely to garner enough Republican support to get off the ground.

Compiled over five months, Tuesday's report is a joint effort from the Senate committees on Homeland Security and Rules. It zeroes in on just a few facets of the January 6 siege, namely the security planning at the Capitol on the day of the attack and how the breach could have been averted by “entities directly responsible for Capitol security,” like the U.S. Capitol Police and its board members including the House and Senate sergeants at arms and the architect of the Capitol.

The FBI, the Department of Homeland Security and the Department of Defense — all agencies tasked with communicating national security threats to U.S. Capitol Police — are singled out again and again across the report’s 95 pages.

It was, the senators found, a cumulative failure by those federal agencies to forgo issuing a threat warning or even a bulletin to law enforcement about what might lie ahead. And those omissions flew in the face of abundant indicators online that violence in Washington was actively being fomented if not imminent.

“FBI and DHS officials stressed the difficulty in discerning constitutionally protected free speech versus actionable, credible threats of violence,” the report notes.

Multiple posts were made online — and were known to Capitol Police — containing information about the plot to invade the Capitol on the day that lawmakers would certify the 2020 election results showing that former President Donald Trump lost handily to his Democratic challenger . Some of those posts featured maps of the Capitol complex and its tunnel systems. Other social media posts, like those found on the message board known 8kun, were more plain.

“You can go to Washington on Jan. 6 and help storm the Capital. As many Patriots as can be. We will storm the government buildings, kill cops, kill security guards, kill federal employees and agents, and demand a recount,” one person wrote.

On TheDonald.win, a forum that has since gone defunct, another poster wrote: “If we occupy the Capitol building, there will be no vote.”

Tuesday's report says the potential for unrest on Jan. 6 was known to the U.S. Capitol Police Intelligence and Interagency Coordination Division for weeks ahead. Indeed the Electoral College had declared Joe Biden to be America's next president a full month earlier based on his 306 electoral votes to Trump’s 232.

This screenshot of MyPillow CEO Mike Lindell appears in a Feb. 22, 2021, federal defamation complaint against Lindell and his company. Dominion Voting Systems wants $1.3 billion in damages from Lindell over his spread of election-fraud lies. (Image via Courthouse News)

Incidentally, this was the same breakdown by which Trump had won election in 2016 — though in his case, while still losing the popular vote. Four years later, however, Trump nonetheless spent weeks before the attack falsely proclaiming online, on television and at campaign events that the 2020 election was stolen.

Other failures recounted in Tuesday's report include the lack by U.S. Capitol Police to set any “department-wide operational plan” nor “comprehensive staffing plan” for the Jan. 6 joint session. Notably, there was not even a record of where officers would physically be located at the ceremony.

Seven civil disturbance units were given special protective equipment like helmets, hardened plastic armor and shields to fend off the thousands of people who swarmed the building before finally overrunning it. Many USCP officers who “fought to defend the Capitol were left to do so in their daily uniforms,” the report states.

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Several officers on the front lines had also not received basic training in civil disturbance tactics. Nor were some platoons authorized to wear riot or protective gear. Further still, platoons were not authorized to use “all available less than lethal munitions" — a factor senators said Tuesday could have vastly improved the officers’ defense of the Capitol building.

“These operational failures were exacerbated by leadership’s failure to clearly communicate during the attack,” the report states. "USCP leadership gathered in a command center, blocks away from the Capitol building. Two incident commanders identified as responsible for relaying information to front-line officers were forced to engage with rioters during the attack, making it difficult for them to relay information. As a result, communications were chaotic, sporadic, and, according to many front-line officers, nonexistent."

Seven deaths are ultimately linked to the attack and its fallout. Three officers died. One was assaulted during the siege and had a stroke, later dying of natural causes, the D.C. medical examiner office reported. Two other police died by suicide in the aftermath. A 35-year-old veteran of the U.S. Air Force who traveled from California to Washington with the fervent belief that Trump had won the election was shot and killed by Capitol Police as she tried climbing through a broken window just outside of the House chamber. A Capitol Police officer guarding the door drew his weapon and fired at the woman as she tried to leap inside. An investigation of the shooting by the Justice Department concluded in April and confirmed that the officer, who was not named, acted within the scope of his authority.

Injuries were reported by about 140 police, including one officer who lost sight and another who lost a fingertip on his right index finger during the hourslong clash. Other police were bashed in the head with bats, flag poles or were whipped with debris. Others were lacerated or concussed. Multiple officers reported being burned by chemical irritants. Others complained of broken ribs.

There is no mention in the report of the word “insurrection” — what Trump's attorney rebuffed as a “term of art" when the then-president was impeached the second time for inciting the events of Jan. 6.

Merriam-Webster’s Dictionary of Law defines insurrection as “the act or an instance of revolting against civil or political authority or against an established government.” The traditional definition found outside of Merriam-Webster’s law dictionary is much of the same, saying that an insurrection implies an “armed uprising that quickly fails or succeeds.”

Republicans across Congress have often demurred from using the word and have avoided, for the most part, drawing any connection between the former president and the siege that left people injured and dead and turned part of downtown Washington into a militarized zone for weeks with National Guard stationed in and around the complex.

In this image from video, a chart is displayed as an exhibit for senators as House impeachment manager Rep. Joe Neguse, D-Colo., speaks during the second impeachment trial of former President Donald Trump in the Senate at the U.S. Capitol in Washington, Thursday, Feb. 11, 2021. (Senate Television via AP)

The House of Representatives managed to impeach Trump for incitement of insurrection but the Senate acquitted him. The report does not lay any blame on Trump for the attack but it does, for reference, include a 22-page attachment of the speech — just the speech — Trump delivered before the attack.

Over two dozen recommendations are found in Tuesday’s report, including a call for a new chief of Capitol Police. Senators also recommend formal procedures be established to communicate external intelligence reports to the appropriate commanders. Riot gear — a lot of which shattered on impact during the siege — must also be kept in good shape and inventoried. It was also recommended that munitions finally be subject to a check-in, check-out log. Intelligence priority reports are also suggested quarterly and the director of the Capitol Police’s intelligence division should develop an “action plan” within 45 days for the Senate on intelligence collection, processing and dissemination methods.

A new chief of police would also be given authority to ask the National Guard — directly — for help in a crisis. As it stands, the chief must currently rope in the Defense Department chain of command to make requests for back up from the Guard.

This requirement led to hours of delay during the attack, one D.C. National Guard commanding officer testified before Congress this spring. Major General William Walker said he waited over three hours from a call from Capitol Police notifying him backup was coming.

Defense Department officials denied Walker’s claim of delay and, in the report released by the committees, senators note that U.S. Army officials said the request for back up was “not specific” enough and “clarity on the scope of the request was needed.”

In a response to Tuesday’s report, U.S. Capitol Police said that neither they, the FBI, the U.S. Secret Service nor Washington’s Metropolitan Police Department knew “thousands of rioters were planning to attack the U.S. Capitol.”

“The known intelligence simply does not support that conclusion,” it said in a statement.

House Speaker Nancy Pelosi said Tuesday she hoped the Senate will adopt a January 6 Commission.

“If not, we will be prepared to seek and find the truth of the assault on the Capitol, our Congress and our Democracy,” Pelosi said in a statement. "It is a fight we must make, it is a privilege we all have, to honor the vision of our founders and the sacrifice of our men and women in uniform."

Categories / Government, National, Politics

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