FACT FOCUS: Inspector general's Jan. 6 report misrepresented as proof of FBI setup

Social media users are misrepresenting a report released Thursday by the Justice Department inspector general's office, falsely claiming that it's proof the FBI orchestrated the Capitol riot on Jan. 6, 2021.

The watchdog report examined a number of areas, including whether major intelligence failures preceded the riot and whether the FBI in some way provoked the violence. Claims spreading online focus on the report's finding that 26 FBI informants were in Washington for election-related protests on Jan. 6, including three who had been tasked with traveling to the city to report on others who were potentially planning to attend the events.

Although 17 of those informants either entered the Capitol or a restricted area around the building during the riot, none of the 26 total informants were authorized to do so by the bureau, according to the report. Nor were they authorized to otherwise break the law or encourage others to do so.

Here's a closer look at the facts.

CLAIM: A December 2024 report released by the Department of Justice's Office of the Inspector General is proof that the Jan. 6 Capitol riot was a setup by the FBI.

THE FACTS: That's false. The report found that no undercover FBI employees were at the riot on Jan. 6 and that none of the bureau's informants were authorized to participate. Informants, also known as confidential human sources, work with the FBI to provide information, but are not on the bureau’s payroll. Undercover agents are employed by the FBI.

According to the report, 26 informants were in Washington on Jan. 6 in connection with the day's events. FBI field offices only informed the Washington Field Office or FBI headquarters of five informants that were to be in the field on Jan. 6. Of the total 26 informants, four entered the Capitol during the riot and an additional 13 entered a restricted area around the Capitol. But none were authorized to do so by the FBI, nor were they given permission to break other laws or encourage others to do the same. The remaining nine informants did not engage in any illegal activities.

None of the 17 informants who entered the Capitol or surrounding restricted area have been prosecuted, the report says. A footnote states that after reviewing a draft of the report, the U.S. attorney's office in Washington said that it “generally has not charged those individuals whose only crime on January 6, 2021 was to enter restricted grounds surrounding the Capitol, which has resulted in the Office declining to charge hundreds of individuals; and we have treated the CHSs consistent with this approach.”

The assistant special agent in charge of the Washington Field Office's counterterrorism division told the inspector general's office that he “denied a request from an FBI office to have an undercover employee engage in investigative activity on January 6.” He, along with then-Washington Field Office Assistant Director in Charge Steven D'Antuono, said that FBI policy prohibits undercover employees at First Amendment-protected events without investigative authority.

Many social media users drew false conclusions from the report's findings.

“JANUARY 6th WAS A SETUP!" reads one X post that had received more than 11,400 likes and shares as of Friday. “New inspector general report shows that 26 FBI/DOJ confidential sources were in the crowd on January 6th, and some of them went into the Capitol and restricted areas. Is it a coincidence that Wray put in his resignation notice yesterday? TREASON!”

The mention of Wray's resignation refers to FBI Director Christopher Wray's announcement Wednesday that he plans to resign at the end of President Joe Biden's term in January.

Other users highlighted the fact that there were 26 FBI informants in Washington on Jan. 6, but omitted key information about the findings of the report.

These claims echo a fringe conspiracy theory advanced by some Republicans in Congress that the FBI played a role in instigating the events of Jan. 6, 2021, when rioters determined to overturn Republican Donald Trump's 2020 election loss to Democrat Joe Biden stormed the Capitol in a violent clash with police. The report knocks that theory down. Wray called such theories “ludicrous” at a congressional hearing last year.

Asked for comment on the false claims spreading online, Stephanie Logan, a spokesperson for the inspector general’s office, pointed The Associated Press to a press release about the report.

In addition to its findings about the the FBI's involvement on Jan. 6, the report said that the FBI, in an action its now-deputy director described as a “basic step that was missed,” failed to canvass informants across all 56 of its field offices for any relevant intelligence ahead of time. That was a step, the report concluded, “that could have helped the FBI and its law enforcement partners with their preparations in advance of January 6.” However, it did credit the bureau for preparing for the possibility of violence and for trying to identify known “domestic terrorism subjects” who planned to come to Washington that day.

The FBI said in a letter responding to the report that it accepts the inspection general’s recommendation “regarding potential process improvements for future events.”

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Find AP Fact Checks here: https://apnews.com/APFactCheck.