On January 6, 2021, Attorney General Merrick Garland stated before the House Judiciary Committee that he was unaware of any undercover FBI agents or assets in the Capitol on January 5 or 6. This followed testimony from a former top FBI official the day before, who claimed that multiple confidential human sources were present in the Capitol on the day it was penetrated.
Rep. Thomas Massie accused Garland of lying under oath, to which Garland replied that Massie had two years to investigate the FBI’s actions on January 6.
For his part in the incident at the Capitol, Ray Epps, who some claim is a government informant, was charged with one count of disorderly conduct. On January 6, prosecutors said Mr. Epps entered a restricted location on Capitol grounds, interrupting the normal flow of government activity. Attorney Michael Teter, who is leading a defamation case against Fox News for its coverage of Epps, has stated that his client has cooperated with the FBI’s efforts to identify him and accepts full responsibility for his acts.
The Judiciary Committee interviewed former Washington field office assistant director Steven D’Antuono, and he testified that his division found out after the 2021 demonstration that confidential sources from other divisions were present and that other informants participated voluntarily. Mr. D’Antuono confirmed to Republican Judiciary Committee Chairman Jim Jordan of Ohio that both known and unknown confidential human sources were present at the rally.
The FBI declined to comment on the new details, but the Justice Department’s inspector general found severe flaws in the bureau’s CHS program, such as a lack of due diligence in the agency’s selection of CHSs and a disregard for warning signs that an informant might not be trustworthy.
According to a whistleblower FBI agent who testified before the committee, at least 25 confidential human sources or informants of the FBI were involved in the riots. Deputy Director Paul Abbate reportedly resisted any public acknowledgment of these individuals.