Aftermath of U.S. Capitol Insurrection Highlights Federal Law Enforcement Obstacles in Combating Extremism

Shannon Stapleton, Reuters

One year after the January 6, 2021, attack on the U.S. Capitol, federal law enforcement agencies have focused on preventing a future attack, identifying extremism, and prosecuting individuals who contributed to the insurrection. A federal law enforcement official has confirmed that Department of Homeland Security (DHS) is working with the Federal Bureau of Investigations (FBI), the Metropolitan Police Department, U.S. Park Police (USPP), and U.S. Capitol Police (USCP) to ensure adequate personnel and physical security measures are in place in anticipation of the attack’s first anniversary.

As FEDagent previously reported, while former Vice President Mike Pence presided over the 2020 presidential election certification, extremists scaled walls, broke windows, and overpowered U.S. Capitol Police to gain access to the building.

U.S. Capitol Police

USCP Chief Thomas Manger announced his officers are gearing up to implement a security plan to commemorate the first anniversary of the attack at the Capitol. However, the plan faces challenges from the pandemic’s impact on the force, which has dozens of officers isolated. 

As we’ve previously reported, Congress passed the Capitol Police Emergency Assistance Act on December 14, 2021, which empowers the Capitol Police chief to unilaterally request support from federal law enforcement or the National Guard in the event of an emergency. The President signed the bill on December 22, 2021.

While Capitol Police have introduced wider intelligence sharing efforts, improved trainings, and enhanced coordination; however, Capitol Police Inspector General (IG) Michael Bolton reported the department has implemented only a fraction of the recommended changes.

"The Department still lacks the overall training infrastructure to meet the needs of the Department, the level of Intelligence gathering and expertise needed, and an overall cultural change needed to move the department into a protective agency as opposed to a traditional Police Department," stated IG Bolton.

Likewise, federal law enforcement efforts in the wake of the attack have varied, with new duties, offices, and a growing number of challenges from the COVID-19 pandemic.

Department of Homeland Security

Secretary Alejandro Mayorkas reported the DHS operates “24 hours a day, seven days a week” to prevent another attack of the same magnitude. A month following the insurrection, Mayorkas took the helm at DHS and stressed the importance of monitoring domestic extremism more closely, which he described as one of the nation's most dangerous potential threats.

In addition to sharing information with state and local partners, DHS has provided millions of dollars in federal grants last year to help communities invest in threat detection and prevention. Further, DHS has expanded its monitoring of social media and other public information sources also and established the Center for Prevention Programs and Partnerships to identify early risk factors for extremism.[NC3] [SS4] 

 “Since the violent events one year ago, DHS has enhanced its ability to detect, analyze, and respond to threats. The men and women of our department remain vigilant in their national security mission, and we will continue to review the threat environment and share information with the public and our partners,” a DHS spokesperson stated.

Although, federal oversight bodies have scrutinized DHS' counterterrorism efforts since the insurrection, as it was one of several agencies to fail to anticipate the scale of violence. Former officials have also expressed concerns about DHS's internal strife and organizational problems. Following a series of scandals during the previous administration, the DHS Office of Intelligence and Analysis (I&A), which monitors potential threats, has struggled to establish itself in the U.S. intelligence community. There are also leadership gaps within the department as John Cohen is serving as both Assistant Secretary for Counterterrorism and Threat Prevention and temporary head of I&A.

Department of Justice

Attorney General (AG) Merrick Garland delivered remarks on Wednesday marking the solemn anniversary of the  U.S. Capitol attack. AG Garland described the Department of Justice’s (DOJ) investigation as "one of the largest, most complex, and most resource-intensive investigations" in the department's history.

“The Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under law — whether they were present that day or were otherwise criminally responsible for the assault on our democracy,” stated AG Garland.

The DOJ has announced perpetrators assaulted 80 Capitol Police Officers and 60 Metropolitan Police Officers, crushing law enforcement in doors, burning them with chemical agents, or beating them with dangerous or deadly weapons. Further, these perpetrators turned their attention to journalists, assaulting and harassing them, and destroying their production equipment.

To date, the Justice Department has issued more than 5,000 subpoenas and search warrants, seized more than 2,000 devices, combed through more than 20,000 hours of video footage, and searched through about 15 terabytes of data. In this effort, DOJ received more than 300,000 tips from the public.

“It is impossible to overstate the heroism of the Capitol Police officers, Washington D.C. Metropolitan Police Department officers, and other law enforcement officers who defended and secured the Capitol that day. They demonstrated to all of us, and to our country, what true courage looks like. Their resolve, their sacrifice, and their bravery protected thousands of people working inside the Capitol that day,” stated AG Garland.

As of the first anniversary of the attack, the FBI has arrested and charged of more than 725 defendants for their roles in the attack of January 6th on its first anniversary. Approximately 145 defendants have already pled guilty to misdemeanors, and of the 325 defendants charged with felonies, just 20 have pled guilty.

“Despite overwhelming odds and the absence of an effective security plan, officers adapted to the situation, held their ground, and protected the center of our democratic republic. The federal law enforcement officers of the U.S. Capitol Police, U.S. Marshals Service, U.S. Secret Service, and many other agencies responding to the attack kept our nation’s leaders safe and prevented a far worse outcome. We applaud them and encourage every American to do the same,” stated Larry Cosme, National President of the Federal Law Enforcement Officers Association (FLEOA), in response to Garland’s remarks.

In his remarks, AG Garland noted that voting rights and access to the ballot box are also integral to safeguarding American democracy. He critiqued the Supreme Court's ruling in election and voting rights related cases that AG Garland argued have set the stage for an increase in laws restricting the right to vote.

“The anniversary of the January 6, 2021, attack serves as a harsh reminder that we must remain vigilant in efforts to fortify our democracy. Congress must enact meaningful voting rights reform to ensure our country holds free and fair elections,” stated Danielle Brian, Executive Director at the Project On Government Oversight (POGO), in a statement, “Lawmakers must pass pro-democracy reforms, like those in the Protecting Our Democracy Act, to provide a check on unrestrained presidential power and increase accountability in the federal government. Only with comprehensive reform aimed at protecting our elections and system of checks and balances can our democracy overcome this assault.”

Garland thanked the over 115,000 Justice Department employees for their contribution since he took office, as well as for their work during the past few years marked by "unprecedented challenges," including the global pandemic. 


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