Questions the January 6 Select Committee Should Ask Its Witnesses
The House select committee established to investigate the Jan. 6 attack on the U.S. Capitol will hold its first public hearing on
July 27. Like the 9-11 Commission before it, the select committee is investigating how our nation’s defenses failed and how we can prevent similar attacks from occurring again. In an era when alternative facts have all too often substituted for the truth, it is important for Americans to have a definitive, reliable understanding of what happened. That will be a difficult challenge in today’s hyper-politicized environment, so it is critical that the committee function as a neutral collector of the evidence, acquiring relevant information and following it wherever it leads, without any predetermined outcome.
At the outset it is important to distinguish the mission of the select committee from that of the criminal investigations being conducted by the
Department of Justice, which has charged more than 500 defendants with crimes. Whereas DOJ’s role is to bring criminal charges, the select committee must instead examine and chronicle what happened leading up to, on the day of, and in the wake of the attack, including the failure by government agencies and officials to properly assess the threat, collect intelligence, share information, act on that information, and provide adequate security for the Capitol and the people who were there that day. By necessity, the inquiry must study the threat of domestic terrorism in America, particularly groups that are motivated by anti-government sentiment and white supremacy. The committee should review the ways these extremists use social media and other communications platforms to recruit members and coordinate activities, and the role of disinformation in fueling violent extremism.
The committee should consider the acts and omissions of executive and legislative branch entities and individuals, up to and including former President Donald J. Trump, his associates, and others involved in the runup to the events of Jan. 6, and the use of disinformation to incite violence. Suggesting collection of this evidence is not to presuppose liability; but the country needs an accurate record, collected as contemporaneously to events as possible. Only by understanding all of the factors that did or did not contribute to the attack can we hope to prevent similar attacks in the future.
Listed below are some of the topics, witnesses, and documents the committee should seek to obtain voluntarily, or by subpoena where necessary, as well as some of the key questions to be asked. Witnesses, in fulfilling their civic responsibilities, should proactively address some of these questions in their prepared remarks without having to be asked by a member of the committee. Journalists and the general public may also want to keep an eye on these questions as a guide to key areas that should be covered in the hearings and in the select committee’s final report. Finally, the lists below may serve another, indirect purpose. They show current and former U.S. officials who may want to
communicate with the committee — including potential whistleblowers — questions of importance to Congress and the American public in uncovering the truth.
One issue the select committee will have to consider is whether they will call President Trump to testify. He played a key role in the day’s events and, at a minimum, is a material fact witness. Committee members will have to weigh whether there is unique value in his potential testimony and if so, whether it is worth the spectacle Trump would undoubtedly create if he testified. If he is called, the questions posed to him would be best drafted after the committee develops the record. (We do not include questions for Trump in the list below.) Ultimately, the committee must take the path that best permits it to create a durable record of Jan. 6 that will serve as a history and a basis for preventing a recurrence of an unprecedented attack on our democracy.
Table of Contents
A. Intelligence Collection, Threat Assessment and Information Sharing
1. Christopher Wray, Director, FBI
2. Chad Wolf, former Acting DHS Secretary
B. On-Site Response
1. Stephen Sund, former Chief, Capitol Police
2. Robert J. Contee, III, Acting Chief of Police, Metropolitan Police Department of the District of Columbia
3. Capitol Police, Metropolitan Police Officers on duty at Capitol on Jan. 6
4. Maj. Gen. William Walker, former Commander, D.C. National Guard
5. Christopher Miller, former Acting Secretary of Defense
6. Kash Patel, Chief of Staff, Acting Secretary of Defense
7. Gen. Mark Milley, Chairman, Joint Chiefs of Staff
8. Ryan McCarthy, former Secretary of Army
9. Lt. Gen. Walter Piatt, U.S. Army
10 .Lt. Gen. Charles Flynn, U.S. Army
11. Jeffrey Rosen, former Acting Attorney General
C. White House Role and Response
1. Katrina Pierson, Trump campaign official
2. Mark Meadows, White House Chief of Staff
3. Stephen Miller, White House Adviser
4. Ivanka Trump, White House Senior Adviser
5. Kayleigh McEnany, White House Press Secretary
6 .Keith Kellogg, National Security Adviser to the Vice President
7. Eric Herschmann, White House Senior Adviser
8. Dan Scavino, White House Deputy Chief of Staff for Communications and Director of Social Media
9. Chris Christie, former Governor of New Jersey
10. Kellyanne Conway, former White House Adviser
11. Alyssa Farah, White House Director of Strategic Communications
12. Vice President Mike Pence
13. Marc Short, Vice President’s Chief of Staff
D. Organizers, Funders, and Supporters
1. Roger Stone, Trump campaign adviser
2. Rudolph Giuliani, Trump personal attorney
3. Ashley Trenzeluk, former Finance Director, Republican Attorneys General Association
4. Pete Bisbee, former Executive Director, Rule of Law Defense Fund
E. Response from Congress
1. Kevin McCarthy, House Minority Leader
2. Sen. Ben Sasse
3. Sen. Lindsey Graham
4. Sen. Tommy Tuberville
5. Rep. Mo Brooks
F. Expert Witnesses
1. Domestic Terrorism Threat
2. Social Media Platforms
3. Disinformation
A. Intelligence Collection, Threat Assessment and Information Sharing
Christopher Wray, Director, FBI
1. Although you have previously
testified that you cannot monitor social media under FBI guidelines, isn’t it true that under the
Attorney General Guidelines (pp. 17-18), if you open a threat assessment, you are permitted to review social media that is available to the public?
2. Couldn’t you open a threat assessment here? And did you? Isn’t it true that the FBI can open a threat assessment for a “special event” under the
Attorney General Guidelines (pp. 17-18), and that the certification of the presidential election at the Capitol would qualify as such an event?
3. Did the FBI conduct a threat assessment of the certification vote at the Capitol in advance of Jan. 6? If not, why not?
4. Don’t you open such assessments for inaugurations, Super Bowls, and the like? Did you not think the entire legislative branch and the Vice President and Vice President-Elect being in one spot merited this attention? Did you not have any intelligence that would have provided the necessary low threshold for an assessment?
5. If you knew before Jan. 6 what the FBI knows now about militia group members’ conspiring to attack the Capitol, would the government have been able to thwart the attack? Why did the FBI not know this beforehand?
6. What precisely did the FBI — not just you — know before Jan. 6?
7. In prior testimony, you lauded the fact that the FBI’s Norfolk office broke with normal protocol to send other federal agencies raw intelligence indicating a possible attack and conveyed the information in three different formats.
Given its importance, why did the
bulletin generated in the FBI’s Norfolk office, warning that extremists were planning to engage in “war” at the Capitol, fail to make its way to you and other leaders at FBI until “days after” Jan. 6 (see
testimony by Assistant Director, FBI Counterterrorism Division Jill Sanborn)?
8. Do you consider it an intelligence failure that the Norfolk bulletin did not make its way to you and other leaders at the FBI before Jan. 6, and have you taken any administrative actions against FBI officials responsible for that failure? Have you made any procedural changes at the FBI to prevent this lapse from occurring again?
9. You
acknowledged that the social media company Parler sent
several referrals to the FBI warning of threats of violence in Washington, D.C., and to the Capitol on Jan. 6. Why did these referrals fail to make their way to you until after Jan. 6?
10. Do you consider it an intelligence failure that the Parler warnings did not make their way to you before Jan. 6, and have you taken any administrative actions against FBI officials responsible for that failure? Have you made any procedural changes at the FBI to prevent this lapse from occurring again?
11. Did the FBI share the warnings from Parler with other law enforcement agencies including the U.S. Secret Service? If it did not, why not?
12. On Nov, 19, 2020, an FBI official apparently sent a Parler representative an
email to “establish a working relationship” with the company. Who at the FBI was involved in the decision to establish the relationship? Were you aware of it at the time? What information did the FBI anticipate Parler might be able to provide the FBI as part of this relationship?
13. Did the FBI receive any similar warnings from other social media companies about threats of violence in Washington, D.C. — or, more specifically, threats to the Capitol — in advance of Jan. 6?
14. In her congressional testimony, Senior Official Performing the Duties of the Under Secretary of Homeland Security, Melissa Smislova
stated the following:
“We did not issue a separate report [for Jan. 6]. In hindsight, we probably should have.” (In response to Sen. Feinstein)“In retrospect, we may have been better off if we considered sending out some kind of terrorism bulletin but we did not do that before January 6th.” (In response to Sen. Sinema)
Do you agree with those statements as they pertain to the FBI? In other words, do you acknowledge in hindsight, the FBI should have issued a separate intelligence report for Jan. 6 and would have been better off doing so?
What precisely are the successes and failures of the FBI in connection with Jan. 6? For each failure, what is being done to minimize the risk of repetition?
15. When asked about the failure of the FBI to issue a specific intelligence bulletin for Jan. 6, you have repeatedly
referred to “approximately 12 intelligence products” the FBI sent to law enforcement agencies around the country about domestic violent extremism over the course of 2020. How many of those products were related to violence around Black Lives Matter protests? How many were about threats posed by white supremacist groups? By QAnon? By militia groups? Did FBI intelligence products circulated in advance of the inauguration include threats from those groups?
In late June, following your testimony, NBC News
reported:
“The FBI reports Wray mentioned were sent to state and local law enforcement agencies but have not been made public, and the FBI declined an NBC News request for them. But officials who have seen them say they were broad and generic and did not lead anyone to believe the Capitol could be a target Jan. 6.” (emphasis added)
How can the American people rely on your description of these products if the FBI will not provide them to the public? What legitimate reasons prevent their disclosure? Will you provide them to Congress?
16. Did you or other FBI officials communicate within the Bureau — or with DHS or anyone else outside the FBI — about whether to issue a specific intelligence warning for Jan. 6? Was an affirmative decision taken not to issue such a warning or Intelligence Bulletin? If so, what was the reason for that decision?
17. Did you or any other senior FBI officials communicate with DHS or any other person outside the FBI (including anyone at main Justice or the WH) in advance of Jan. 6 about the decision whether to designate the Jan. 6 certification at the Capitol as a National Special Security Event?
18. On Friday, Jan. 8, the head of the FBI’s Washington field office, Steven D’Antuono,
said:
“There was no indication that there was anything [planned] other than First Amendment-protected activity.”
He made that statement before the public knew of the Norfolk report, the NYPD warnings sent to the FBI, Parler warnings sent to the FBI, and other FBI actions such as the Bureau’s disrupting the travel of specific people with intention to cause violence from coming to Washington, D.C., that day.
Do you acknowledge that Mr. D’Antuono’s statement was not accurate? What did you do to correct it? How was that statement vetted before it was made?
What actions do you take in your responsibilities as Director when a senior official makes a false statement on an issue of such public importance?
19. Did the FBI have open investigations into threats of violence against election officials following the 2020 elections? How many? Was there an increase in such threats compared to previous years? Were those threats and information from those investigations effectively included in the FBI’s assessment of the risk of violence and threats to the Capitol on Jan. 6?
20. Did the FBI fail to take seriously the nature of the threat? If so, why? Did the race and politics of the attackers cause the FBI to underestimate the seriousness of the threat?
21. Can you compare the FBI’s proactive role in advance of Black Lives Matter protests with its role in connection with Jan. 6?
a) Was the FBI at the scene or nearby for any Black Lives Matter protests?
b) Were arrests made at the scene of any Black Lives Matter protest?
c) Why were no arrests made at the scene on Jan. 6?
d) Why did the FBI need to seek public help in identifying people after Jan. 6, when those people could have been arrested at the scene?
22. Does the FBI today focus on the threat of violent extremists who are motivated by the belief that the 2020 presidential election was stolen? Will you commit to a robust interagency process, like the Domestic Terrorism Executive Committee, that shares information about different groups with a goal of providing better threat assessment?
23. Can you say with any confidence that race did not play any role in how U.S. intelligence agencies prepared for Jan. 6 and how law enforcement agencies treated some of the rioters that day? What is the basis for your confidence?
One counterterrorism expert (who served in a prior administration)
commented that officials and analysts may have failed to identify the threats leading up to the Jan. 6 events because of an “invisible bias” – the idea that “it was very hard for [them] to realize that people who look just like them could want to commit this kind of unconstitutional violence and could literally try to and want to kill them.” Do you think he is wrong? What assessment or investigation have you conducted involving the Jan. 6 preparation and its aftermath to confirm such a bias does not exist within the FBI?
24. Do you have knowledge of any communications of any of the following people in advance of Jan. 6 that referenced the prospect of Trump supporters entering the Capitol?
- President Trump
- Trump associates (e.g, Roger Stone, Rudy Giuliani)
- Members or associates of the Trump campaign
- Organizers of the Jan. 5 or 6 rallies
- Members or associates of the Republican Attorneys General Association (RAGA)
- White House or other officials
- Members of Congress or their staff
If so, did those communications involve plans or a desire to have Trump supporters enter the Capitol to put pressure on members of Congress or interrupt proceedings?
Chad Wolf, former Acting DHS Secretary
1. Not only the General Services Administration, but DHS also has a
statutory role in ascertaining the President-Elect, which implicates the
statutory provision for Secret Service protection.
When did DHS ascertain that Joe Biden was the President-Elect? Did you or other officials ever
discuss whether a failure or delay in making such an ascertainment implicated Biden’s or Vice President-Elect Kamala Harris’ Secret Service protection during the transition?
2. Why was the Jan. 6 vote certification not designated as a National Special Security Event, the way certain sporting events, like the Super Bowl, are?
3. Did you or any other senior DHS officials communicate with the FBI in advance of Jan. 6 about the decision whether to designate the Jan. 6 certification at the Capitol as a National Special Security Event?
4. What criteria are used to decide whether to designate an event as a National Special Security Event?
5. In retrospect, do you believe DHS should have issued an intelligence bulletin specifically about the threat of violence on Jan. 6?
6. In her congressional testimony, DHS, Senior Official Performing the Duties of the Under Secretary Melissa Smislova
stated the following:
“We did not issue a separate report [for Jan. 6]. In hindsight, we probably should have.” (In response to Sen. Feinstein)“In retrospect, we may have been better off if we considered sending out some kind of terrorism bulletin but we did not do that before January 6th.” (In response to Sen. Sinema)
CONTINUED:
Questions the January 6 Select Committee Should Ask Its Witnesses (justsecurity.org)
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