OIG IA Redacted Jan 6 Intel Report March 10 2022

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I&A Identified

Threats prior to
January 6, 2021,
but Did Not Issue Any
Intelligence Products
before the
U.S. Capitol Breach
(REDACTED)

March 4, 2022
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DHS OIG HIGHLIGHTS


I&A Identified Threats prior to January 6, 2021,
but Did Not Issue Any Intelligence Products before the
U.S. Capitol Breach
March 4, 2022
What We Found
I&A identified specific threat information related to the
Why We events on January 6, 2021, but did not issue any
intelligence products about these threats until January 8,
Did This 2021. Open source collectors in I&A’s Current and
Emerging Threats Center collected open source threat
Evaluation information but did not produce any actionable
information. This resulted from inexperienced open
We initiated this source collectors who received inadequate training and
review to determine who did not fully consider I&A Guidelines for reporting
the actions of threat information. Collectors also described hesitancy
Department of following scrutiny of I&A’s reporting in response to civil
Homeland Security’s unrest in the summer of 2020. Although an open source
Office of Intelligence & collector submitted one product for review on January 5,
Analysis (I&A) relating 2021, I&A did not distribute the product until 2 days after
to the events at the the events at the U.S. Capitol. Additionally, I&A’s
U.S. Capitol on Counterterrorism Mission Center (CTMC) identified
January 6, 2021. indicators that the January 6, 2021 events might turn
violent but did not issue an intelligence product outside
What We I&A, even though it had done so for other events. Instead,
CTMC identified these threat indicators for an internal
Recommend I&A leadership briefing, only. Finally, the Field
Operations Division (FOD) considered issuing intelligence
We made five products on at least three occasions prior to January 6,
recommendations to 2021, but FOD did not disseminate any such products
ensure that I&A is ultimately. It is unclear why FOD failed to disseminate
better equipped to these products.
respond to similar
events in the future. I&A did email threat information to its local partners in
the Washington, D.C. area on several occasions before the
For Further events at the U.S. Capitol. However, this information was
Information: not as widely disseminated as I&A’s typical intelligence
Contact our Office of Public
Affairs at (202) 981-6000, or products. As a result, I&A was unable to provide its many
email us at
DHS-
state, local, and Federal partners with timely, actionable,
[email protected] and predictive intelligence.

I&A Response
I&A concurred with all five recommendations. We
consider them resolved and open.

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Table of Contents
Background .................................................................................................... 3

Results of Evaluation ...................................................................................... 8

OSCO Collected Specific Threat Information about January 6


Events, but Did Not Distribute Any Products until after the U.S. Capitol
Breach................................................................................................... 9

CTMC Identified Indicators of Potential Violence Regarding January 6,


but Did Not Disseminate an Intelligence Product ................................. 24

FOD Members Considered Issuing Intelligence Products about


January 6 Events, but Did Not Submit Any for Publication .................. 27

I&A Shared Limited Threat Information about January 6 Events with


State and Local Partners...................................................................... 28

Recommendations......................................................................................... 30

Appendixes
Appendix A: Objective, Scope, and Methodology ................................. 35
Appendix B: I&A Comments to the Draft Report................................... 37
Appendix C: Organizational Chart of Relevant I&A Offices ................... 43
Appendix D: Appendix E ...................................................................... 44
Appendix E: I&A Timeline Related to January 6 Events....................... 47
Appendix F: Appendix E....................................................................... 49
Appendix G: Appendix F ...................................................................... 50

Abbreviations
CETC Current and Emerging Threats Center
CTMC Counterterrorism Mission Center
FBI Federal Bureau of Investigation
FIR Field Intelligence Report
FOD Field Operations Division
HSIN Homeland Security Information Network
I&A Office of Intelligence and Analysis
IC Intelligence Community
IIR Intelligence Information Report
ILD Intelligence Law Division
IOO Intelligence Oversight Officer

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NTIC National Capital Region Threat Intelligence Consortium


OGC Office of General Counsel
OSCO Open Source Collection Operations
OSIR Open Source Intelligence Report
RFI Request for Information

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Background

On January 6, 2021, thousands of individuals gathered in Washington, D.C.,


to protest a Joint Session of Congress to certify results of the Electoral College
vote. During the protests, rioters attacked law enforcement, breached
barricades, and broke into the U.S. Capitol building, leading to multiple
fatalities and the evacuation of Vice President Mike Pence, Members of
Congress, and congressional staff. Before January 6, there were at least two
instances of violence during Washington, D.C. protests related to the 2020 U.S.
Presidential election, resulting in several arrests for assault, possession of
dangerous weapons, and inciting violence. 1 Plans for another demonstration
during the certification of the Electoral College vote were in place weeks in
advance.2

After January 6, we initiated this review to evaluate the responsibility of the


Department of Homeland Security’s Office of Intelligence and Analysis (I&A) for
providing intelligence to state and local officials in advance of the events at the
U.S. Capitol.3 We also reviewed whether I&A warned law enforcement about
specific threats before the January 6 events. 4

I&A’s Responsibility for Providing Information to State and Local Partners

I&A’s mission is to equip the Department of Homeland Security and its


partners with timely intelligence and information needed to keep the homeland
safe, secure, and resilient. I&A is a member of the U.S. Intelligence

1 The events occurred on November 14, 2020, and December 12, 2020. For the November 14,
2020 instance, see Arrests Made in an Aggravated Assault Offense: 1700 Block of I Street,
Northwest, Metropolitan Police Department (Nov. 15, 2020).
https://mpdc.dc.gov/release/arrests-made-aggravated-assault-offense-1700-block-i-street-
northwest. For the December 12, 2020 instance, see Additional Arrest Made and Suspects
Sought in an Assault with a Dangerous Weapon (Knife) Offense: 500 Block of 11th Street,
Northwest (Dec. 14, 2020). https://mpdc.dc.gov/release/additional-arrest-made-and-
suspects-sought-assault-dangerous-weapon-knife-offense-500-block.
2 See for example, Marrisa Lang, Trump supporters plan D.C. rally on day Congress certifies

election results, The Washington Post (Dec. 22, 2020).


https://www.washingtonpost.com/local/dc-trump-rally-january-6-
protests/2020/12/22/1c94ab7a-447a-11eb-a277-49a6d1f9dff1_story.html.
3 This review is one of three initiated by DHS Office of Inspector General relating to January 6

events; the two other reviews pertain to DHS law enforcement agencies’ planning and response
efforts. The OIGs for the Departments of Defense, Interior, and Justice also have initiated
reviews of their respective agencies’ activities relating to January 6 events.
4 This report defines “January 6 events” as any event, activity, or gathering, whether formal or

informal, permitted or unpermitted, taking place in Washington, D.C., related to the January 6,
2021 certification of Electoral College votes by the U.S. Congress. We used this definition when
asking I&A employees about intelligence preceding the events at the U.S. Capitol.

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Community (IC)5 and is authorized to access, receive, and analyze law


enforcement information, intelligence information, and other information from
Federal, state, and local government agencies, and private sector entities, and
to disseminate such information to those partners. 6 I&A is the only IC member
statutorily tasked with providing intelligence to state, local, and other non-
Federal officials.7

I&A’s intelligence products are governed by IC-specific laws and directives and
I&A internal standards. Under Executive Order 12333, I&A is restricted to
collecting overtly or through publicly available information, 8 and may analyze
and disseminate information and intelligence to its partners to support its
national and departmental missions. 9 According to I&A’s Intelligence Oversight
Program and Guidelines (I&A Guidelines),10 national missions are those that
protect the United States’ national interests from foreign security threats, while
departmental missions assist DHS or other Federal, state, local, or private
sector partners in measures regarding threats to homeland security.
Specifically, departmental missions include domestic terrorism, critical
infrastructure and key resources, and efforts that “support … any …
departmental officials, offices, or elements in the execution of their lawful
missions.”11

Relevant I&A Components for January 6 Events

I&A is led by the Under Secretary for Intelligence and Analysis and Principal
Deputy Under Secretary. I&A’s Intelligence Enterprise Operations is led by a
Deputy Under Secretary, who oversees eight offices, including five mission
centers that focus on different threat areas. I&A’s Intelligence Enterprise
Readiness is also led by a Deputy Under Secretary, who oversees areas such as

5 See https://www.intelligence.gov/how-the-ic-works.
6 6 United States Code (U.S.C.) § 121(d)(1) and 6 U.S.C. § 121(d)(6).
7 Other IC agencies are also authorized to share information, including threat-related

information, with non-Federal partners.


8 Overt collection is defined as collection that is openly acknowledged by or readily attributable

to the U.S. Government or that would be acknowledged in response to an express inquiry.


Publicly available information is defined as information that has been published or broadcast
for public consumption, is available on request to the public, is accessible online or otherwise
to the public, is available to the public by subscription or purchase, could be seen or heard by
any casual observer, is made available at a meeting open to the public, or is obtained by
visiting any place or attending any event open to the public.
9 Executive Order 12333, as amended.
10 IA-1000 - Office of Intelligence and Analysis Intelligence Oversight Program and Guidelines,

Jan. 19, 2017 (I&A Guidelines).


11 Id.

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training, budget and acquisitions, and intelligence oversight. See Appendix C


for an organizational chart of relevant I&A offices.

Our review identified three offices that conducted work related to the January 6
events: the Current and Emerging Threats Center (CETC), Counterterrorism
Mission Center (CTMC), and Field Operations Division (FOD).

Current and Emerging Threats Center: CETC provides indication and warning
of threats directed against the United States through the collection, analysis,
and dissemination of intelligence and information 24 hours a day, 7 days a
week. CETC’s Open Source Collection Operations branch (OSCO) is the lead
for identifying and reporting threats made online via social media and through
other sources of publicly available information. OSCO collects threats based
on intelligence requirements developed by the IC or Department 12 and provides
lead information for law enforcement entities across the country. OSCO’s open
source collectors often conduct their online searches after receiving requests
for information (RFI) or tips about online threats from other I&A offices.

After identifying possible threat information, the I&A Guidelines provide the
procedures for collecting, retaining, and disseminating the information. On
July 13, 2018, DHS’ Associate General Counsel for Intelligence issued a
memorandum (DHS Memorandum) that instructs I&A personnel on how to
further apply these procedures when collecting and reporting on social media
and other publicly available sources.13 According to the DHS Memorandum,
open source collectors may report information in intelligence products when
they have a reasonable belief that the information:

contains true threats or incitement to violence, 14 and not hyperbole;


provides information that enhances I&A’s understanding of known
threat actors; or
includes information that demonstrates a risk of violence during a
heightened threat environment.

12 An intelligence requirement provides instruction for collecting intelligence information, such

as searching for a specific national security threat.


13 Social Media Statements Referencing Violence Against or Doxxing of DHS Personnel and

Facilities, July 13, 2018 (DHS Memorandum).


14 A true threat is a statement where the subject means to communicate a serious expression

of an intent to commit an act of unlawful violence to a particular individual or group of


individuals. Incitement is a statement where the subject means to incite others to engage in
violence.

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According to the I&A Guidelines, a reasonable belief is defined as a “belief


based on facts and circumstances such that a reasonable person would hold
that belief.” Furthermore:

A reasonable belief can be experience, training, and knowledge as applied


to particular facts and circumstances, and a trained and experienced
intelligence professional can hold a reasonable belief that is sufficient to
satisfy these criteria when someone lacking such training or experience
would not hold such a belief.15

When OSCO reasonably believes the information meets the I&A Guidelines for
dissemination, it concludes the information meets its “reporting threshold” and
drafts an open source intelligence report (OSIR). OSIRs contain raw,
unevaluated open source information and do not include analysis.

According to I&A’s internal processes, at least one other collector must conduct
a peer review of an OSIR before the drafter submits it to a senior collector and
ultimately an OSCO supervisor for additional review and approval. The
reviewers can provide an opinion on whether the information in the OSIR meets
I&A’s reporting threshold. When disagreements occur during the review
process, the drafter may contact DHS’ Office of General Counsel (OGC)
Intelligence Law Division (ILD)16 to receive a legal opinion on whether the
information meets the I&A Guidelines.

On October 30, 2020, the I&A Acting Under Secretary issued guidance
implementing further review of certain OSIRs before dissemination. 17
According to the guidance, all OSIRs related to the 2020 presidential election
had to be reviewed and cleared by both ILD and I&A’s Intelligence Oversight
Officer (IOO).18 After all reviews are complete, OSCO publishes the OSIR on
the Homeland Security Information Network (HSIN), DHS’ official system for
sharing unclassified information with state, local, and other partners.

15 I&A Guidelines.
16 OGC consists of attorneys and staff working in operational components and headquarters
offices, including I&A. ILD advises I&A on legal issues associated with departmental and
national intelligence activities.
17 Temporary Procedures for Review of Civil Unrest and Certain Election-Related Raw

Intelligence, October 30, 2020.


18 The IOO ensures OSIRs comply with the I&A Guidelines.

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Field Operations Division: FOD is responsible for deploying personnel at fusion


centers19 nationwide and exchanges intelligence information with state and
local partners. FOD’s Mid-Atlantic Region covers Washington, D.C.; one
intelligence officer is posted to the Washington, D.C. fusion center, formally
named the National Capital Region Threat Intelligence Consortium (NTIC), and
exchanges information with Washington, D.C. law enforcement organizations,
including the Washington, D.C. Metropolitan Police Department and the U.S.
Capitol Police.

FOD provides OSCO tips relating to online threat information, which FOD
might receive from state, local, and other partners. OSCO either produces an
OSIR on the information or tells FOD the information does not meet its
reporting threshold. In addition, FOD can draft its own intelligence products,
including Field Intelligence Reports (FIR) and Intelligence Information Reports
(IIR). Similar to OSIRs, FIRs and IIRs are raw intelligence products that record,
but do not analyze, the identified information. FIRs meet DHS intelligence
requirements and are published via HSIN, while IIRs meet IC intelligence
requirements and may be published on HSIN or a classified system depending
on their classification.20

Counterterrorism Mission Center: CTMC analyzes terrorism-related


intelligence and produces analytic intelligence products. For these products,
CTMC intelligence analysts may analyze the information recorded in OSIRs,
FIRs, IIRs, other products, and open source reporting and make assessments
and judgments on the information. CTMC also sends RFIs to OSCO asking
collectors to research and consider producing OSIRs on a particular threat or
event. After OSCO produces OSIRs on the issue, CTMC may cite them in an
analytic intelligence product. CTMC publishes unclassified products on HSIN.

Prior Reporting on Protest Activity

During the summer of 2020, I&A produced open source intelligence reporting
in response to civil unrest in Portland, Oregon. 21 However, I&A faced criticism

19 Fusion centers “serve as focal points in states and major urban areas for the receipt,
analysis, gathering and sharing of threat-related information between State, Local, Tribal and
Territorial (SLTT), federal and private sector partners.” https://www.dhs.gov/fusion-centers.
20 DHS intelligence requirements may not align with IC intelligence requirements. For

example, information about domestic terrorism or a threat to U.S. critical infrastructure may
meet a DHS intelligence requirement but not an IC intelligence requirement. In this instance,
FOD could write an FIR about the information, but not an IIR.
21 For other OIG work related to DHS’ response to civil unrest in Portland, Oregon, see

Management Alert – FPS Did Not Properly Designate DHS Employees Deployed to Protect Federal
Properties under 40 U.S.C. § 1315(b)(1), OIG-21-05, Nov. 2, 2020, and DHS Had Authority to

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for compiling intelligence on American journalists reporting on the unrest as


well as on non-violent protesters. 22 Although this review did not assess the
appropriateness of I&A’s reporting on Portland in the summer of 2020, these
circumstances provide important context for I&A’s decisions and actions
leading to the January 6 events.

Results of Evaluation

In the weeks before the events at the U.S. Capitol, I&A identified specific open
source threat information related to January 6 but did not issue any
intelligence products about these threats until January 8. 23 Within OSCO,
staff collected open source threat information but did not produce any
actionable information. This resulted, in part, from inexperienced collectors
who received inadequate training and did not fully consider I&A Guidelines for
reporting threat information. Collectors also described hesitancy to report
information following scrutiny of I&A’s actions in Portland, Oregon, in the
summer of 2020. Although an OSCO collector submitted one product for
review on January 5 regarding possible violence, I&A did not distribute the
product until 2 days after the events at the U.S. Capitol. Additionally, CTMC
identified indicators that the January 6 events might turn violent but did not
issue an intelligence product outside I&A, even though it had done so for other
events. Instead, CTMC identified these threat indicators for an internal I&A
leadership briefing, only. Finally, FOD considered issuing intelligence products
on at least three occasions prior to January 6 but ultimately did not
disseminate any. It is unclear why FOD chose not to move forward with
issuing an intelligence product.

Although I&A did not disseminate any related intelligence products prior to
January 6, it emailed threat information to its local partners in the
Washington, D.C. area on several occasions. However, this information was
emailed to select partners and was not as widely disseminated as I&A’s typical

Deploy Federal Law Enforcement Officers to Protect Federal Facilities in Portland, Oregon, but
Should Ensure Better Planning and Execution in Future Cross-Component Activities, OIG-21-31,
Apr. 16, 2021.
22 An August 3, 2020 letter from the Permanent Select Committee on Intelligence, U.S. House

of Representatives, to DHS Acting Secretary Chad Wolf and Acting Under Secretary for
Intelligence and Analysis Brian Murphy, states, “[a]ccording to press reports, I&A engaged in
intelligence collection and reporting on journalists and non-violent protestors.”
https://intelligence.house.gov/uploadedfiles/20200803_chm_letter_to_murphy_wolf_re_civil_li
berties.pdf.
23 See Appendix E for a timeline about I&A’s work related to January 6 events between

December 21, 2020, and January 8, 2021.

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intelligence products. As a result, I&A was unable to provide its many state,
local, and Federal partners with timely, actionable, and predictive intelligence.

OSCO Collected Specific Threat Information about January 6


Events, but Did Not Distribute Any Products until after the U.S.
Capitol Breach

OSCO collectors received an RFI and open source tips about January 6 events,
and identified specific threats about storming the U.S. Capitol and targeting
law enforcement. However, the collectors did not produce any actionable
intelligence products because they received inadequate training and did not
fully consider the I&A Guidelines for reporting threat information. They also
described hesitancy to report information following scrutiny of I&A’s actions in
Portland, Oregon. Although an OSCO collector submitted one product for
review before January 6, I&A did not distribute the product until January 8.

OSCO Received an Urgent RFI Related to the January 6 Events and Began
Tracking Relevant Threats

On December 29, 2020, CTMC sent OSCO an RFI for threat information
regarding January 6 events, such as:

Online calls by event organizers to bring weapons to lawful protests or


counter protests;
Increase in lawful protesters or counter protesters in Washington,
[D.C.] carrying, brandishing, or using more lethal weapons, such as
firearms or edged weapons;
Specific directed threats of violence towards primary protest
organizers or prominent ideological adversaries or figures associated
with an ideological movement; [and]
Violent extremists posing a threat to individuals to include [law
enforcement] and government officials, who hold opposing views prior
to scheduled events.

The RFI listed the U.S. Capitol Police, the United States Secret Service, and
other Federal, state, and local partners as intended recipients of the
information. The CTMC intelligence analyst who drafted the RFI said he
expected OSCO to post OSIRs about January 6 threats on HSIN, where the
intended recipients could access them.

In the email transmitting the RFI, CTMC informed OSCO that this was an
urgent request. Within the RFI itself, CTMC explained the information would

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no longer be of any value by January 7 because I&A must inform Federal,


state, and local partners about the threats “so contingency plans can be made
for any planned events.” CTMC also warned that threat actors might delete
information online as the date got closer to January 6 to evade law enforcement
detection.

After receiving the RFI, seven OSCO collectors researched possible threats to
January 6 events and recorded their findings in a document tracking threats
responsive to CTMC’s request. Between December 29, 2020, and January 3,
2021, five of these collectors identified comments referencing using weapons
and targeting law enforcement and the U.S. Capitol building. They also noted
some individuals claimed they would sacrifice themselves in the ensuing
violence. Table 1 provides excerpts from OSCO’s document tracking January 6
threats in response to the RFI. See Appendix D for all January 6 threats
documented by these five collectors.

Table 1. Excerpts from OSCO Document Tracking January 6 Threats


Date OSCO Identified Description of Threat by OSCO Collector
Threat
December 29 An individual suggested in Washington,
D.C.
December 30 An individual posted,

December 30 An individual claimed there would not be enough law enforcement


officers to stop the number of armed people arriving in the area.
January 2 Posts referenced the of Congress.
January 2 Individuals shared images of the U.S. Capitol building and its

January 2 An individual stated,

January 2 One post stated,


January 2 Posts from approximately 12 individuals said they

Source: DHS OIG analysis of I&A information

We did not locate any evidence that the five collectors drafted an OSIR about
any of the threats recorded in their document.

OSCO Received Open Source Tips about January 6 Threats from FOD

In addition to the RFI from CTMC, OSCO also received tips about online
threats from FOD. However, OSCO did not produce any OSIRs based on FOD’s
tips about January 6 threats.

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On December 21, 2020, FOD shared a tip 24 with OSCO about an individual
who threatened to shoot and kill protesters at the upcoming rallies related to
the presidential election.25 According to the tip, as shown in Figure 1, the
individual informed members of an online discussion group that he planned to
kill at least 50 individuals.

Figure 1. December 21, 2021 Tip from FOD 26

Source: I&A

Later that day, an OSCO collector told FOD that she could not locate the
, and that OSCO had to
. However, FOD never responded, and on December 31, 2020,
the FOD member acknowledged to a colleague that the email from OSCO
“slipped away” from her. OSCO did not draft an OSIR based on this tip.

On January 5, 2021, FOD provided a tip to OSCO about a social media user
calling for people to come to Washington, D.C., to counter the protests and
stated, Following the tip,
OSCO researched the social media account and informed FOD it was “unable
to find any derogatory information.”

On January 6 at 11:29 a.m., FOD provided a tip about a social media user
claiming the Proud Boys planned to shut down the Washington, D.C. water
system, as shown in Figure 2. At 2:53 p.m., shortly after the U.S. Capitol

24 FOD received the tip from the SITE Intelligence Group, a non-governmental organization that
tracks online activity of terrorist and violent extremist groups.
25 FOD also considered drafting an intelligence product about this threat, as discussed later in

this report.
26 Figure 1 and other figures in this report redact certain information to protect online

identities or remove explicit language.


27 The Proud Boys group was involved in the two prior instances of violence during protests

related to the 2020 U.S. Presidential election in Washington, D.C., on November 14, 2020, and
December 12, 2020.

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breach, OSCO notified FOD that this information did not meet its reporting
threshold.

Figure 2. January 6, 2021 11:29 a.m. Tip from FOD

Source: I&A

On January 6 at 11:32 a.m., FOD provided two additional tips about threats to
Washington, D.C. Both tips referenced

as shown in Figure 3.

Figure 3. January 6, 2021 11:32 a.m. Tip from FOD

Source: I&A

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We found no evidence that OSCO informed FOD whether these two tips met
I&A’s reporting thresholds.

Collectors Discussed January 6 Threats and Washington, D.C. Safety


Concerns with Each Other

On several occasions leading up to January 6, collectors messaged each other


about the threats they discovered online. These threats included individuals
storming the U.S. Capitol, targeting politicians and law enforcement, and
sacrificing their lives while conducting violence. Additionally, collectors said
they were concerned about safety in Washington, D.C. on January 6.

On January 2, 2021, after a collector learned that individuals online were


sharing a map of the U.S. Capitol building, he messaged his colleague saying
he thought people would “try and hurt politicians.” In response, the colleague
agreed with this assessment. The two OSCO members also noted the
possibility of I&A ordering an employee “surge” to respond to the escalating
threats28 but did not discuss the possibility of issuing an intelligence product.

Figure 4. Messages between OSCO Collectors


January 2, 2021 8:21 – 8:22 p.m.

(1/2/2021 8:21PM) Also I found a map of


all the exits and entrances to the capitol
building. I feel like people are actually
going to try and hurt politicians. Jan 6th is
gonna be crazy, not to mention the
inauguration. Watch us get surged for that
lol

(1/2/2021 8:22PM) have a feeling as


well...days leading up to as well. Some
things were going on downtown apparently
last night as well. Couple of shoving people
around and Proud Boys in the area

Source: DHS

Also on January 2, 2021, two collectors discussed online comments


threatening to hang Democrats in Washington, D.C. but did not think the
comments met the reporting threshold.

28 During a “surge,” I&A asks OSCO collectors to work extra hours to respond to crises.

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Figure 5. Messages between OSCO Collectors


January 2, 2021 11:17 – 11:25 p.m.

(1/2/2021 11:17PM) Like there's these


people talking about hanging Democrats
from ropes like wtf

(1/2/2021 11:25PM) They'd need alot of


rope, I think DC is pretty much all
democrat haha

Source: DHS

The following morning, these collectors noted individuals were discussing


hanging politicians, storming Congress, and sacrificing their lives, but the
collectors said the information still did not meet the reporting threshold. They
did not draft any related OSIRs.

Figure 6. Messages between OSCO Collectors


January 3, 2021 2:53 a.m.

I mean people are


talking about storming Congress, bringing
guns, willing to die for the cause, hanging
politicians with ropes

Source: DHS

These two collectors continued to discuss their view that the threats were
unlikely. Although one collector suggested he “could be proven wrong,” they
did not consider issuing OSIRs about the possibility of these threats occurring.

In other instances, collectors expressed nervousness about the information


they were uncovering and concern about each other’s safety in the Washington,

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D.C. area. One OSCO member told us that they “were clearly concerned” and
told each other to “stay safe” throughout the week. Others told each other they
would stay home on January 6 to avoid potential violence.

Additionally, on January 4, 2021, an open source collector learned a group of


individuals already arrived in Washington, D.C. and were posting social media
content that sounded “like they are going to battle.” Following this, the open
source collector and a colleague both said they were “nervous” about how
January 6 events would unfold in the area. Yet, these collectors did not draft
any intelligence products reflecting possible safety concerns in the area.

OSCO Did Not Issue Any OSIRs about January 6 Threats before the U.S.
Capitol Attack

Despite encountering threats while conducting research for CTMC’s RFI,


receiving online tips from FOD, and expressing concerns about the information
internally, OSCO did not issue any OSIRs about this information to inform its
partners of possible threats for January 6. We identified multiple reasons why
OSCO collectors did not publish OSIRs about these threats before the U.S.
Capitol attack. Specifically, inexperienced collectors received inadequate
training related to open source collection, did not fully consider the I&A
Guidelines for reporting threat information, and were hesitant to report
information following scrutiny of I&A’s actions in Portland, Oregon, in the
summer of 2020.

Inexperienced Open Source Collectors Received Inadequate Training

OSCO rapidly hired inexperienced open source collectors in the months leading
up to January 6, 2021. When OSCO switched to a 24 hours per day schedule
in the summer of 2019, with shift changes at 5 a.m., 1 p.m., and 9 p.m., many
collectors left. OSCO began hiring new collectors, mostly at entry level
positions, with many not having Federal government or intelligence experience.
As of January 6, 2021, 16 out of 21 collectors had less than 1 year of
experience, and some of these new collectors said they did not receive adequate
training to help determine when threat information should be reported.

Following the hiring process, I&A did not offer any training courses designed
for OSCO collectors. Instead, collectors trained informally by working
alongside colleagues with more experience. Several collectors described this
approach as insufficient, with one collector calling it “haphazard” and “not
organized,” and another saying it should not have been considered training at
all. This informal training was even more limited during the COVID-19
pandemic, when new collectors could only come to the office part time and had

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fewer opportunities to work with their colleagues during shifts. I&A also
instructed new collectors to take online training courses, but these courses
were not developed specifically for I&A collectors conducting open source
intelligence.

In September 2020, following criticism by Congress and in the media about


I&A’s open source intelligence reporting in response to civil unrest in Portland,
Oregon, I&A developed a formal training course and provided it to all collectors.
However, I&A tasked two OSCO members to develop the training on short
notice without any input from experienced training instructors. I&A did not
receive any assistance from I&A’s Intelligence Training Academy, which is
specifically tasked with developing and delivering homeland security
intelligence training. According to one I&A official, the academy takes
approximately 6 months to put a training program together. In contrast, OSCO
developed its training course within a few weeks, causing one OSCO member to
speculate that I&A developed this course quickly to avoid more criticism of its
actions during civil unrest in the summer of 2020, rather than to create an
effective training program.

Certain collectors told us they were still unsure about when information should
be reported following the more formal training. For example, one collector said
the formal training did not define reporting thresholds sufficiently, which
caused confusion during the OSIR peer review process. Another collector said
the training could have provided better direction to OSCO members. She
added that although a training instructor said collectors could contact ILD
when they have a question about a reporting threshold, she was also aware
that ILD did not operate on a 24 hours per day schedule and may not be
available when OSCO members have a question. However, during the election
period, ILD expanded its operating hours and remained on call to answer
collectors’ questions.

I&A leadership expressed concerns the day before the U.S. Capitol breach that
experienced instructors were not leading OSCO’s training. On January 5,
2021, the Acting Deputy Under Secretary for Intelligence Enterprise Operations
wrote to other senior I&A officials, “I don’t feel comfortable having CETC
continue to be the [primary] leader of this training.”

Later in January, I&A leadership identified shortcomings in its open source


training curriculum. In a January 25, 2021 memorandum, I&A’s two Deputy
Under Secretaries described its open source training as “incomplete” and said
it “presents risks such as unmet collection needs and deficient collection-
related skills.” The memorandum identified actions that I&A needed to take to
prevent these risks, such as creating standardized qualifications for the

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collectors and aligning training to these qualifications. Until this training


curriculum is updated, collectors will continue to receive training that does not
adequately prepare them to respond to open source threats.

Collectors Did Not Appear to Fully Consider the I&A Guidelines

As described previously, open source collectors may report information from


social media and other publicly available sources in intelligence products when
they have a reasonable belief that the information:

contains true threats or incitement to violence, and not hyperbole;


provides information that enhances understanding of known threat
actors; or
includes information that demonstrates a risk of violence during a
heightened threat environment.

When reviewing threats pertaining to January 6 events, the collectors generally


concluded that the statements online were hyperbole, and not true threats or
incitement, because they thought storming the U.S. Capitol and other threats
were unlikely or not possible. After concluding the information was hyperbole,
the collectors determined they could not report the information and did not
consider whether it met either of the other two criteria for open source
intelligence reporting. For example,

On January 4, an OSCO collector reviewed


and assessed that the information appeared to contain threats to law
enforcement officers. One specifically referenced
and armed individuals :

Figure 7. January 4 Screenshot of Online Forum

Source: DHS

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The collector and others on her shift initially agreed that this information
met I&A’s reporting threshold. However, the collector was nearing the
end of her shift and did not think she had time to draft an OSIR.
Instead, she emailed the screenshots to collectors on the next two shifts
so they could consider disseminating an OSIR about these threats. The
next shifts’ collectors decided the information was hyperbole and
recommended against dissemination. One collector responded, “[s]ome
posts either appeared hypothetical, vague, or hyperbolic,” while other
posts were not “specific enough” to “meet OSIR threshold.” After a
supervisor also said he did not think the information was reportable, the
collector refrained from drafting an OSIR on the threats.

On January 4, another OSCO collector drafted an OSIR about


individuals planning to sacrifice their lives during violence on January 6.
The drafter documented one individual

The drafter noted that another individual


suggested storming the U.S. House of Representatives chamber in the
U.S. Capitol and mentioned grievances about police in Washington, D.C.
Ultimately, he and another collector decided the threats were hyperbole
and did not submit the OSIR for review.

In neither of the two examples, nor in other reviewed documentation, did we


find evidence that collectors considered whether the information met either of
the other two reporting criteria.

Overall, open source collectors explained to us that they did not think storming
the U.S. Capitol was possible, and, therefore, they dismissed this specific type
of threat as hyperbole. For example, two collectors said this type of threat
online was common and doubted the legitimacy of the threat prior to January
6. Another collector said OSCO did not think anyone would be able to breach
the U.S. Capitol, but “unfortunately,” OSCO was “wrong.” As a result, despite
several collectors documenting threats to storm the U.S. Capitol building, they
concluded that they could not report it to I&A’s state and local partners.

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The I&A Guidelines allow open source collectors to report information that
enhances I&A’s understanding of known threat actors, even if the information
does not include true threats or incitement. ILD explained to us that a known
threat actor is a group that has been the subject of previous intelligence, and
I&A could conduct more expansive collection about information relating to
these groups. One collector did identify online posts about January 6 events
by the Proud Boys, a known threat actor. However, a colleague reviewing the
information said,
DHS Memorandum

The CONTAINS TRUE THREATS OR INCITEMENT TO


VIOLENCE, AND NOT HYPERBOLE;
colleague subsequently said,
PROVIDES INFORMATION THAT ENHANCES
UNDERSTANDING OF KNOWN THREAT ACTORS;
OR
without considering INCLUDES INFORMATION THAT
whether the information enhanced DEMONSTRATES A RISK OF VIOLENCE DURING
A HEIGHTENED THREAT ENVIRONMENT
I&A’s understanding of known
threat actors.

I&A may also report information about a risk of violence during a heightened
threat environment, even if the information does not include true threats or
incitement. Prior to January 6, other I&A offices issued intelligence products
warning of a heightened threat environment because of domestic extremist
threats.29 However, I&A’s Acting Deputy Under Secretary informed us that
OSCO was not operating under a heightened threat environment at the time.
According to the Acting Deputy Under Secretary, operating under a heightened
threat environment would have lowered the reporting threshold to make it
easier to disseminate information at a time when attacks may occur with
minimal or no advanced warning.

Instead, OSCO collectors thought their reporting threshold was particularly


high leading up to January 6. For example, one collector messaged a colleague
on January 3 saying, “there are threats,” but “our threshold is just very high
now.” Another collector told us the reporting threshold for domestic terrorism
threats was so high that it made any open source reporting unfeasible, while
another said to us that OSCO had a very high threshold at the time and the

29 According to the March 3, 2021 testimony by the Acting I&A Under Secretary, I&A issued
more than 15 warnings to its Federal, state, and local partners about the heightened threat
from domestic extremists before January 6.

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collectors were nervous to report anything. We found no evidence that the


collectors considered their own agency’s warnings about the heightened threat
environment when contemplating whether threats met I&A’s reporting
thresholds.

Scrutiny of OSCO Collectors’ Work during Prior Civil Unrest Affected Their
Approach to Reporting Threats for January 6

Following criticism about I&A’s intelligence activities in response to civil unrest


during the summer of 2020 in Portland, Oregon, I&A leadership launched a
review of OSIRs that collectors published during the unrest. The CETC
Director, who oversees OSCO, reviewed the OSIRs to determine whether
products failed to meet the I&A Guidelines. On August 7, 2020, the CETC
Director released a memo outlining his review of 366 OSIRs published by
OSCO between May 25, 2020, and August 4, 2020. In the memo, the CETC
Director concluded that 22 did not meet reporting thresholds in accordance
with the I&A Guidelines. On September 25, 2020, the CETC Director
determined one additional OSIR did not meet reporting thresholds after an I&A
internal auditor raised concerns about other OSIRs published during the
summer of 2020. In total, CETC recalled 23 OSIRs.

Within OSCO, 22 of 24 members told us their approach to reporting for


January 6 events was affected by the scrutiny they received following the
summer of 2020. In some instances, OSCO personnel described a “pendulum
swing.” They explained that they thought almost anything was reportable
during the Portland protests, but they were hesitant or fearful to report
information related to January 6 events. One collector said people were afraid
to do their jobs because of the fear of being reprimanded by I&A leadership and
concerns about congressional scrutiny. Another explained there was a “chilling
effect” on their approach to reporting following the summer of 2020.

OSCO staff shared with each other their hesitancy to collect information on
January 6 events because of the scrutiny they previously received. On
December 24, 2020, two collectors discussed protestors planning to bring
weapons to Washington, D.C. on January 6. The collectors mentioned a third
collector’s concern for sharing this information within I&A because of
to which the other collector responded:

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When we asked the Acting Deputy Under Secretary about the change in CETC’s
approach to reporting, she noted that there was different leadership for the
summer of 2020 compared to January 6, 2021. 30 She said the prior leadership
pushed collectors to report on anything related to violence, including potential
threats or tactics and techniques used by individuals that may be associated
with violence. In contrast, the new leadership encouraged collectors to issue
intelligence reports on threats only when they were confident the threats were
real. The Acting Deputy Under Secretary said this change in direction went too
far and caused collectors to institute a very high threshold for reporting
information.

A Collector Submitted a Draft OSIR on January 5, but OSCO Leadership


Failed to Complete the Review Process before the U.S. Capitol Breach

Although OSCO did not disseminate an OSIR prior to the U.S. Capitol breach
on January 6, we found an instance in which it did release one product related
to that day’s events. However, the OSIR was not disseminated until 2 days
after the breach, rendering it useless for the purposes of advanced warning.
On January 5, an OSCO collector identified a potential threat of violence
related to January 6 events and concluded it met I&A Guidelines. Specifically,
the open source collector discovered a about an individual
arriving in the Washington, D.C. area and searching for a location for armed
individuals to park their cars. The individual previously posted online that he
would arrive in the area and he
was Washington, D.C.

After the collector drafted an OSIR about the threat, another OSCO collector
performed the peer review on January 5 and said the information did not meet
reporting thresholds because it only contained hyperbolic information.
However, at the request of the OSIR drafter, ILD agreed to review the product.

ILD spoke with the OSIR drafter on the phone on January 5, informed the
OSIR drafter that the information contained in the OSIR met I&A’s reporting
guidelines, and summarized this phone call in an email to the drafter, another
collector, and OSCO supervisors on January 6 at 12:16 a.m. ILD outlined how
the information

30DHS replaced I&A’s Under Secretary on August 1, 2020. In November 2020, I&A hired a
new CETC Director and moved the former CETC Director to the role of Deputy Director.

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According to ILD:

ILD also suggested

After ILD cleared the product, OSCO supervisors did not request IOO review
and clearance (as required for election-related raw intelligence) until about 15
hours later at 5:22 p.m. on January 6, after the U.S. Capitol breach. 31 We
found no evidence that OSCO supervisors took any action regarding the OSIR
during the intervening 15 hours, and it is unclear why OSCO waited until after
the U.S. Capitol breach to ask the IOO for the review. After receiving OSCO’s
request for review, the IOO consulted with ILD and other intelligence oversight
partners and also provided clearance for the dissemination of the product on
January 7.

On January 8, before publishing the product, OSCO once again asked ILD and
the IOO to review the product before dissemination. In response, ILD
expressed confusion at OSCO’s repeated requests to review the product before
dissemination. ILD’s email states:

31 Rioters breached the U.S. Capitol building at approximately 2:15 p.m. ET.

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Although the OSCO collector drafted the OSIR on January 5, the day before the
U.S. Capitol breach, the OSIR was not finalized and disseminated until
January 8, 2 days after the breach. Table 2 shows a timeline of the drafting
and dissemination process for the OSIR.

Table 2. Timeline of the OSIR Review Process


Date Actions related to the OSIR review process
January 5 8:59 a.m. Collector submitted a draft OSIR related to January 6 events for peer
review.
January 5 10:27 a.m. Peer reviewer said the OSIR did not meet I&A’s reporting thresholds.
January 5 10:54 a.m. Collector sent a message to the peer reviewer saying he spoke on the
phone with ILD about the draft OSIR and received clearance to
disseminate the OSIR.
January 5 2:24 p.m. Collector emailed ILD to receive a written legal opinion about whether
the OSIR met the I&A Guidelines.
January 6 12:16 a.m. ILD sent an email summarizing why the OSIR likely met the I&A
Guidelines and stating it was appropriate to

January 6 2:15 p.m. Rioters breached the U.S. Capitol building.


January 6 5:22 p.m. An OSCO supervisor asked the IOO to review the product.
January 7 2:02 p.m. The IOO said she consulted with ILD and other intelligence oversight
partners and reviewed and cleared the product for dissemination.
January 8 10:57 a.m. An OSCO supervisor asked ILD and the IOO to review the product again
before dissemination.
January 8 11:47 a.m. ILD informed OSCO that it was

January 8 I&A published the OSIR on HSIN.


Source: DHS OIG analysis of I&A information

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CTMC Identified Indicators of Potential Violence Regarding


January 6, but Did Not Disseminate an Intelligence Product

On several occasions, CTMC has disseminated an intelligence product


evaluating the possibility for violence at certain locations, such as during
protests. These products (“probable indicator products”) include eight
indicators that demonstrate a possibility of violence. For example, one
indicator is whether individuals call for violent extremists to attend protests,
while another indicator is whether there are threats towards either protest
organizers or “prominent figures” with ideologically opposed views. The
product then describes which indicators are observed, partially observed, or
not observed.32 According to CTMC, identifying multiple observed or partially
observed indicators likely suggests the increased probability of violence.

We determined CTMC has published at least three probable indicator products,


including one prior to the January 6 events, and posted these products on
HSIN to share them with state, local, and other partners. Specifically, on
September 5, 2020, I&A disseminated on HSIN a probable indicator product
that identified five observed or partially observed indicators of possible protest-
related violence in Portland, Oregon. 33

On January 4, 2021, the Acting Deputy Under Secretary tasked CTMC with
analyzing indicators of potential protest-related violence in Washington, D.C.
In its analysis, CTMC identified seven observed or partially observed indicators
of potential violence associated specifically with the protests planned for
January 6. For example, CTMC determined that an indicator about event
organizers calling for protesters to bring weapons was observed, and referenced
six media articles about the January 6 events. However, this analysis was
intended for an internal briefing only and not for a published product. CTMC
briefed I&A leadership and the DHS Deputy Secretary on these indicators on
the morning of January 6; the product was not disseminated more widely on
HSIN or outside DHS in any other manner.

We compared the September 5, 2020 probable indicator product about threats


in Portland, which was disseminated on HSIN, to the analysis about possible

32 CTMC determines indicators are partially observed when it discovers relevant but “vague and
non-specific” information.
33 In addition, CTMC published two probable indicator products after January 6. On January

14, 2021, CTMC published a product about possible protest-related violence in Washington,
D.C. leading up to and on Inauguration Day. On February 11, 2021, CTMC published a
product about possible violence in the Washington, D.C. area, including violence unrelated to
protest activity.

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violence on January 6 in Washington, D.C., which was not disseminated.


Despite identifying more indicators of possible violence than the product about
threats in Portland, CTMC did not similarly disseminate its analysis about
January 6 threats. Table 3 describes each of the eight indicators, as well as
whether CTMC analysts thought they were observed or not observed in
Portland and Washington, D.C.34
Table 3. Comparison of Probable Indicators of Escalation of Protest-
Related Violence
Probable Indicators of Escalation of Portland, Oregon Washington, D.C.
Protest-Related Violence Summer 2020 January 6, 2021
Online calls by event organizers to
bring weapons to lawful protests or Partially Observed Observed
counter protests.
Increase in lawful protesters or counter
protesters carrying, brandishing, or
Partially Observed Partially Observed
using more lethal weapons, such as
firearms or edged weapons.
Widespread calls by event
organizers for violent extremists to
Partially Observed Partially Observed
attend lawful protests or counter
protests.
Specific, directed threats of
violence towards primary protest
organizers or prominent figures Not Observed Observed
associated with an ideological
movement.
Increase in the frequency of violent
clashes occurring between
Observed Partially Observed
ideologically opposed groups of
individuals.
Public announcements that
prominent figures associated with
Not Observed Observed
ideological movements will attend
planned protests.
Violent extremists seeking out and
confronting individuals who hold
Not Observed Not Observed
opposing views prior to scheduled
events.
Longer lead times between the
announcement of protests and the date Partially Observed Observed
of the events.
Source: DHS OIG analysis of I&A information

34 In Table 3, observed indicators of possible violence are indicated in red; partially observed

indicators of possible violence are indicated in orange; and non-observed indicators of possible
violence are indicated in yellow.

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We asked the Acting Deputy Under Secretary why the January 6 analysis was
not disseminated as the Portland product had been. She said she did not ask
CTMC to issue a probable indicator product before the January 6 events
because there was not enough time. She explained that she tasked CTMC to
conduct this analysis 2 days before the events, and I&A cannot publish a
CTMC product within that timeframe. In light of this time constraint, the
Acting Deputy Under Secretary said she tasked CTMC with this assignment to
ensure it was prepared to brief leadership about the threats, rather than to
disseminate a product.

However, as described earlier, CTMC had already submitted an RFI to OSCO


for threat information on December 29, 2020, almost a week before the Acting
Deputy Under Secretary’s tasking. Additionally, CTMC has demonstrated that
it can issue products related to indicators of violence within short timeframes.
For example, on January 11, a CTMC intelligence analyst informed other CTMC
staff that they were tasked with drafting a probable indicator product related to
Washington, D.C. and the presidential inauguration. CTMC analysts
completed their first draft of the product on January 11, and I&A posted the
final product on HSIN on January 14. This product identified seven observed
or partially observed indicators of possible protest-related violence in
Washington, D.C. leading up to Inauguration Day.

CTMC’s ability to issue an intelligence product about January 6 events may


have been limited by the absence of OSIRs issued by OSCO on these threats.
CTMC’s analytic intelligence products often rely on the information in OSIRs or
other intelligence reports, rather than media articles. 35 When CTMC sent an
RFI for January 6 threat information to OSCO, it expected OSCO to publish
OSIRs on these threats. This would have enabled CTMC to cite OSIRs about
January 6 threats in an analytic intelligence product.

During our interviews, some I&A employees discussed how products that
provide indicators or warnings about upcoming threats can be helpful to state
and local officials. One FOD member assigned to the Mid-Atlantic Region
reviewed CTMC’s indicator analysis prior to January 6 and said this
information would have been “incredibly helpful.” However, CTMC did not
place this analysis in a final product for dissemination to local officials before
the U.S. Capitol breach.

35 CTMC explained that while this is not a requirement, it is considered good intelligence
tradecraft for producing analytic intelligence reports.

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FOD Members Considered Issuing Intelligence Products about


January 6 Events, but Did Not Submit Any for Publication

In addition to submitting tips to OSCO, FOD members in the Mid-Atlantic


Region considered issuing intelligence products on at least three occasions
about threats to the January 6 events. Despite identifying these threats, FOD
members did not submit any intelligence products for publication and were
unable to explain to us what happened in each of these three instances.

On December 21, two FOD members assigned to the Mid-Atlantic Region


considered issuing two FIRs on possible threat information related to January
6. At 12:26 p.m., a FOD member shared with other FOD staff in the region an
online threat about an individual threatening to shoot and kill protesters at
upcoming rallies. A supervisor recommended both issuing an FIR and sending
a tip to OSCO with the information.36 At 3:10 p.m., the FOD member informed
his supervisor that he and a colleague would write another FIR about threats
posted on online forums. According to the FOD member, the online forums
discussed bringing unpermitted weapons to Washington, D.C., evading law
enforcement detection, and threatening U.S. Congress and politicians. The
FOD member asked NTIC to conduct additional research on these threats and
planned to add NTIC’s feedback to the FIR.

The FOD member informed his supervisor the following day that FOD
leadership recently placed a hold on all FIRs. FOD drafts and posts FIRs on
unclassified systems. However, FOD leadership became concerned about
possible security compromises affecting unclassified systems after the 2020
SolarWinds Orion security breach.37 As a result, FOD leadership advised that
issuing IIRs on a classified system may continue while pausing production of
FIRs and IIRs on HSIN.

IIRs must meet IC intelligence requirements, which may not align with the DHS
intelligence requirements for FIRs. 38 A FOD member informed his supervisor
that a colleague would conduct research to determine whether one of the

36 As previously noted, FOD sent this tip to OSCO (see Figure 1). OSCO asked a question
about the tip, but FOD never responded.
37 According to DHS’ Cybersecurity and Infrastructure Security Agency, “an advanced

persistent threat (APT) actor added malicious code to multiple versions of the SolarWinds Orion
platform and leveraged it—as well as other techniques—for initial access to enterprise networks
of U.S. government agencies, critical infrastructure entities, and private sector organizations.”
https://www.cisa.gov/sites/default/files/publications/CISA_Insights_SolarWinds-and-AD-
M365-Compromise-Risk-Decisions-for-Leaders_0.pdf.
38 If information meets a DHS intelligence requirement but not an IC intelligence requirement,

FOD can write an FIR about the information but not an IIR.

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threats identified on December 21 matched any IC requirements for issuing an


IIR. However, the FOD member could not tell us what happened next, and we
found no evidence that FOD drafted an IIR about this threat. 39

On January 5, a FOD Mid-Atlantic Region member drafted an IIR about a


different threat pertaining to January 6 and emailed it to another FOD member
for review. The IIR stated that an individual posted online three times about
how to avoid law enforcement detection and which equipment would be the
most effective against the military and police. The IIR noted that the online
posts received more than 1,800 views.

Yet, we found no evidence the FOD member who received the IIR via email
reviewed the product at any point, and he informed us he did not remember
what happened to the draft after he received it. Similarly, the IIR drafter did
not remember what happened to the product. She initially told us that she
might have shared the IIR with a senior FOD official to determine whether it
matched IC requirements, but she could not locate any documentation
confirming she shared it with this official or any additional individuals.

Even if FOD published IIRs on a classified system in the lead-up to January 6,


those products may not have been as helpful as products posted on HSIN for
state and local partners. These partners often have limited or no access to
classified networks and might not have seen products on a classified system
before violence on January 6 unfolded. In contrast, partners with access to
HSIN can immediately obtain FIRs and IIRs posted there and share them with
the appropriate officials responding to relevant threats and events.

I&A Shared Limited Threat Information about January 6 Events


with State and Local Partners

One of I&A’s primary responsibilities is to facilitate information sharing with its


state and local partners. We determined that, on at least five occasions, I&A
emailed threat information about January 6 events to state and local partners
prior to the U.S. Capitol breach:

On December 21, a FOD Mid-Atlantic Region member assigned to


Washington D.C. emailed online forums with threat information related
to January 6 to NTIC members. The FOD member informed NTIC that

39 FOD also sent a tip with this information to OSCO. However, as previously discussed, an
OSCO collector told FOD that she could not locate the threat online and that OSCO had to
locate it before reporting on it. FOD never responded, and OSCO did not draft an OSIR based
on this tip.

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the online forums discussed bringing unpermitted weapons to


Washington, D.C., evading law enforcement detection, and threatening
Congress and politicians.40 Later that day, an NTIC intelligence analyst
sent a summary of threat information collected by FOD and the NTIC to
the Metropolitan Police Department, including a map of the U.S. Capitol
building’s tunnel system that had been shared online.

On January 5, the Federal Bureau of Investigation (FBI) published an


intelligence product about individuals who established a “quick reaction
force” in Northern Virginia. According to the FBI, these individuals
planned to respond to violence during January 6 protests if they felt the
“police were not doing their job.” After learning about the FBI
intelligence product, several I&A members shared the information with
state and local partners:
o A CETC analyst emailed the product to the U.S. Capitol Police and
NTIC.
o A FOD Mid-Atlantic Region member assigned to Washington, D.C.
shared the product with the NTIC Executive Director.
o A FOD Mid-Atlantic Region member assigned to Virginia shared the
FBI intelligence product with two Virginia fusion centers. 41

On January 5, the FOD member in Washington D.C. also shared


information with the NTIC Executive Director about armed individuals
traveling to Washington, D.C. to incite violence. In response, the NTIC
Executive Director said, “I got it from here.” The FOD member told us he
thinks NTIC shared this information with local law enforcement.

In all five of these instances, I&A personnel quickly informed state and local
officials about threat information, which could have aided their operational
response during the January 6 events. However, sharing information via email
does not disseminate information as widely as publishing intelligence products,
which are posted on HSIN and available to a broad range of state and local
partners. Additionally, in three of these instances, I&A shared an intelligence
product issued by another agency, rather than information it discovered during
its own intelligence collection or analysis efforts. Despite the numerous threats
I&A encountered in the weeks preceding January 6, I&A did not produce any
intelligence products about the information before the U.S. Capitol breach.

40 As previously discussed, the FOD member planned to draft an FIR about these threats, but

we found no evidence it was drafted.


41 This FOD member also asked an FBI contact for more information about the reporting.

When we asked the FOD member if he received a response, he could not remember.

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We did not identify any additional instances of I&A sharing threat information
with state and local partners prior to the January 6 events. We issued a
mandatory questionnaire to FOD field employees asking whether they shared
related information with state and local partners prior to the January 6 events.
No respondents indicated any additional instances of information sharing
occurred. Further, we contacted certain individuals within the U.S. Capitol
Police, Metropolitan Police Department, NTIC, FBI, and the Department of
Interior to ask whether they received information from I&A prior to the January
6 events. NTIC did not respond to our request, and the other agencies said
they did not receive any information from I&A. We also reviewed transcripts
from secure chat rooms that I&A officials hosted or joined leading up to the
U.S. Capitol breach. Although I&A personnel were present in the chat rooms,
we did not note further sharing of threat information prior to the breach.

Conclusion

I&A is the only member of the IC statutorily tasked with delivering intelligence
to state, local, and Federal partners, as well as developing intelligence from
these partners for DHS and the IC. Despite these responsibilities, I&A was
unable to provide its many state, local and Federal partners with timely,
actionable, and predictive intelligence prior to the U.S. Capitol breach on
January 6, 2021. I&A staff disagree about whether an intelligence product
from I&A would have affected the outcome on January 6. Nonetheless, the
issues we found during our review demonstrate the need for essential changes
at I&A to ensure it is better equipped to respond to similar events in the future.

Recommendations

We recommend the Under Secretary for Intelligence and Analysis:

Recommendation 1: Provide enhanced annual training and guidance to OSCO


staff reviewing the Intelligence Oversight and Program Guidelines, including all
criteria for reporting open source intelligence information.

Recommendation 2: Develop and implement a process to provide new OSCO


members with adequate training and guidance with input from experienced
collectors or the Intelligence Training Academy.

Recommendation 3: Establish and implement a process to request and


receive timely reviews for open source intelligence products when they relate to
upcoming events or urgent threats.

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Recommendation 4: Develop and implement policies, procedures, or guidance


on the timely issuance of warning analysis, both strategic and tactical, about
threats or upcoming events across I&A’s mission areas.

Recommendation 5: Create and implement redundant capabilities for I&A to


disseminate intelligence products addressing departmental threats, including
FIRs and OSIRs.

Management Comments and OIG Analysis

I&A concurred with our recommendations and described corrective actions to


address the issues identified in this report. Appendix B contains I&A’s
management comments in their entirety. We also received technical comments
to the draft report and revised the report as appropriate. We consider these
recommendations resolved and open. A summary of I&A’s response to our
recommendations and our analysis follows.

Recommendation 1: Provide enhanced annual training and guidance to OSCO


staff reviewing the Intelligence Oversight and Program Guidelines, including all
criteria for reporting open source intelligence information.

I&A’s Comments to Recommendation 1: Concur. I&A's CETC OSCO


employees performing open-source collections are required by the Under
Secretary for I&A and CETC leadership to attend formal training at the DHS
Intelligence Training Academy that includes (1) an introductory "Open-Source
Intelligence (OSINT) Course" which addresses intelligence oversight, and (2) the
"Open-Source Intelligence Report (OSIR) Workshop," which specifically
addresses program guidelines as they relate to open-source intelligence reports
and oversight. Additionally, in calendar year 2021, I&A increased its overall
intelligence compliance program, which includes intelligence oversight training.
Not only are all I&A staff required to take intelligence oversight training
annually, in 2021, the Intelligence Training Academy also instituted a new
approach to this annual requirement by emphasizing live, OSCO-specific,
interactive training in online modules. In addition, I&A's Privacy and
Intelligence Oversight Branch regularly trains I&A personnel on emerging
compliance issues. I&A requests that OIG consider this recommendation
resolved and closed.

OIG Analysis: We consider these actions responsive to the recommendation,


which is resolved and open. We will close this recommendation when we
receive evidence that I&A included all criteria for reporting open source
intelligence in its enhanced training and guidance.

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Recommendation 2: Develop and implement a process to provide new OSCO


members with adequate training and guidance with input from experienced
collectors or the Intelligence Training Academy.

I&A’s Comments to Recommendation 2: Concur. Effective September 1,


2021, I&A employees assigned to open-source collection duties in OSCO are
assigned a series of initial training courses that incorporate principles of
intelligence oversight and legal guidance. This training was developed by the
Intelligence Training Academy in consultation with IC partners, in order to
better address the needs of OSCO members. It was initiated in collaboration
with the IC Open Source Enterprise Program to address needs for DHS Open-
Source Intelligence training and identify existing IC courses that could be used
to support the I&A training development effort. I&A requests that OIG consider
this recommendation resolved and closed.

OIG Analysis: We consider these actions responsive to the recommendation,


which is resolved and open. We will close this recommendation when we
receive evidence that I&A delivered training developed in consultation with
experienced collectors or the Intelligence Training Academy to new OSCO
members.

Recommendation 3: Establish and implement a process to request and


receive timely reviews for open source intelligence products when they relate to
upcoming events or urgent threats.

I&A’s Comments to Recommendation 3: Concur. On August 31, 2021, I&A's


Chief Information Officer in coordination with CETC (as memorialized in a
memorandum provided under separate cover to the OIG on January 27, 2022),
implemented a new OSIR processing system which reduces the time needed for
reviewing and releasing OSIRs, while ensuring thorough review.

Currently, OSIRs do not need to be reviewed by personnel outside of OSCO


prior to release, which increases the ability to disseminate products timely.
The return to releasing OSIRs at the OSCO Branch level was documented in an
I&A Deputy Under Secretary Intelligence Enterprise Operations memorandum
to CETC on February 18, 2021. For content about which collectors seek
additional oversight review, the on-site intelligence oversight officer engages in
expedited review that can result in the collection, review, and dissemination of
high profile threat reports within hours of discovery. Additionally, I&A
anticipates that, by mid-February 2022, OSCO will have a fully staffed
permanent leadership team in place, which will increase the number of highly-
qualified personnel to review and release open source intelligence products.

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I&A is also in the process of updating policies and standard operating


procedures regarding the production of OSIRs, and anticipates formalizing the
OSIR standard operating procedure in April 2022 and revising IA-900, "Official
Usage of Publicly Available Information," dated January 13, 2015, which
establishes the standards, guidelines, and processes for using publicly
available information for research, collection, analysis, retention, citing,
reporting, and dissemination. Estimated Completion Date: December 30,
2022.

OIG Analysis: We consider these actions responsive to the recommendation,


which is resolved and open. We will close this recommendation when we
receive evidence of I&A’s updated standard operating procedures for production
of OSIRs that include processes to request and receive timely reviews for
upcoming events and urgent threats.

Recommendation 4: Develop and implement policies, procedures, or guidance


on the timely issuance of warning analysis, both strategic and tactical, about
threats or upcoming events across I&A’s mission areas.

I&A’s Comments to Recommendation 4: Concur. I&A's policy to produce


finished intelligence, IA-901, "Production of Finished Intelligence," dated May 7,
2020, establishes the responsibilities and procedures within I&A for the
production, review, approval, and dissemination of I&A finished intelligence
products. This policy provides the parameters for an expedited process
through which I&A is able to issue products related to an immediate threat to
homeland security or other exigent crisis or situations. I&A's Intelligence
Enterprise Operations and Intelligence Enterprise Readiness Offices are leading
a review, which I&A intends to complete by April 2022, to determine whether
any additional policy or procedural changes are required to modify intelligence
production processes. I&A anticipates finalizing a correlating standard
operating procedure that will implement at a more detailed level the updated
IA-901 policy by the end of April 2022. I&A's Intelligence Enterprise
Operations and Intelligence Enterprise Readiness Offices will also work with
I&A's Strategy, Plans, and Policy Branch and OGC-ILD to provide clarifying
guidance to ensure all staff are aware of these processes and parameters for
developing and issuing products in such exigent circumstances. Estimated
Completion Date: April 29, 2022.

OIG Analysis: We consider these actions responsive to the recommendation,


which is resolved and open. We will close this recommendation when we
receive evidence that I&A finalized new policy, procedures, or guidance on the
timely issuance of warning analysis about threats or upcoming events.

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Recommendation 5: Create and implement redundant capabilities for I&A to


disseminate intelligence products addressing departmental threats, including
FIRs and OSIRs.

I&A’s Comments to Recommendation 5: Concur. To enhance I&A's


capabilities to disseminate intelligence reports, I&A’s Office of the Chief
Information Officer, in coordination with FOD, is updating the tool used to
issue FIRs to a web-based system, which is currently similar to I&A's tool used
to produce OSIRs. Additionally, FIRs, OSIRs, and IIRs of value to state and
local partners will also be disseminated via the HSIN - Intelligence platform.
These enhancements will enable information sharing redundancies, and will
make the dissemination of intelligence to key partners within and outside the
Department more efficient and timelier. Estimated Completion Date: June 30,
2022.

OIG Analysis: We consider these actions responsive to the recommendation,


which is resolved and open. We will close this recommendation when we
receive evidence that I&A has finished implementing redundant capabilities,
such as updating the tool used to issue FIRs to a web-based system and
issuing certain products via HSIN.

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Appendix A
Objective, Scope, and Methodology

The Department of Homeland Security Office of Inspector General was


established by the Homeland Security Act of 2002 (Public Law 107 296) by
amendment to the Inspector General Act of 1978.

We initiated this review in response to questions about whether Federal


intelligence and law enforcement organizations had, or should have developed
and shared, information relating to the potential for violence during January 6,
2021 events. Our objective was to review I&A’s responsibility for providing
intelligence to law enforcement for the January 6, 2021 events at the U.S.
Capitol, and whether and how I&A fulfilled its responsibility.

Throughout our fieldwork, we defined “January 6 events” as “any event,


activity, or gathering, whether formal or informal, permitted or unpermitted,
taking place in Washington, D.C., related to the January 6, 2021 counting of
Electoral College votes by the U.S. Congress.”

To identify intelligence that existed relating to January 6 events, we reviewed


documents I&A produced in response to our formal request for:
copies of any intelligence product, whether finished or unfinished, draft
or final, relating to January 6 events that was received or collected by
I&A in advance of the U.S. Capitol attack; and
copies of any intelligence product, whether finished or unfinished, draft
or final, relating to January 6 events that was generated or disseminated
by I&A in advance of the U.S. Capitol attack.

We supplemented this effort by issuing a mandatory questionnaire to FOD field


employees asking whether they created, accessed, disseminated, or were aware
of intelligence relating to January 6 events; we then interviewed those who
responded in the affirmative. We interviewed OSCO collectors and asked
whether they created, accessed, disseminated, or were aware of intelligence
relating to January 6 events. We also interviewed CTMC intelligence analysts
and I&A leadership. We reviewed emails from relevant I&A officials and
transcripts from secure chat rooms that I&A officials joined leading up to and
during the January 6 event. We also contacted non-DHS officials in the U.S.
Capitol Police, Metropolitan Police Department, NTIC, FBI, and the Department
of Interior, to determine whether they received any threat information from I&A
prior to the U.S. Capitol breach.

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Additionally, we reviewed I&A policies to understand guidance and limitations


that would have applied to intelligence relating to January 6 events.

We conducted this evaluation under the authority of the Inspector General Act
of 1978, as amended, and according to the Quality Standards for Inspection
and Evaluation issued by the Council of the Inspectors General on Integrity and
Efficiency.

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Appendix B
I&A Comments to the Draft Report

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Appendix C
Organizational Chart of Relevant I&A Offices

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Appendix D
January 6 Threats Identified by OSCO in Response to the RFI

Five OSCO collectors documented the following information in response to


CTMC’s RFI regarding the January 6 events. 42 This does not encompass all
threat information identified by OSCO, FOD, and CTMC prior to the U.S.
Capitol breach.

December 29, 2020

OSCO Collector 1

On a forum thread with over 5,500 likes and over 250 comments, one
user suggests User
also suggest in D.C.

December 30, 2020

OSCO Collector 1

Forum user post he intends to travel to D.C. with weapons; seeking


others to join via "carpool".
Forum user mentioned a group of women planning on bringing guns to
D.C.

OSCO Collector 2

Social media user advocates for marching on DC with guns if [POTUS] is


not declared the winner on Jan 6th.
Social media user claims to be bringing guns to protest, saying,

OSCO Collector 3

42 The OIG did not edit the collectors’ language when compiling information for this appendix.

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Post has 73
upvotes.

OSCO Collector 4

An individual discusses coming armed and meeting outside the city and
then
Discussions of organizing in Virginia and then driving to DC armed
together as the police/military won't be able to stop thousands of armed
patriots
Suggestions of using stun guns

January 2

OSCO Collector 2

Social media user advocating for protestors to

OSCO Collector 3

Forum user stated:

Forum user stated:

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Several images are circulating depicting the Capitol Building and

OSCO Collector 4

-Post received 257


comments, 907 likes, and 217 re-tweets

Lots of discussions of coming armed to DC as law enforcement


, few anonymous posts mention of Congress,
several posts on 02 January 2021 from a dozen or so users

January 3

OSCO Collector 1

One forum user (OP43) post:

o Another user replied:

o A Second user replied to OP:

OSCO Collector 5

Users call (USPER44) 'Patriots' to congregate in DC on January 6th to


retaliate against (USPER) BLM (USPER) ANTIFA . Advocate violence and
raping children.

43 OP refers to the original poster.


44 USPER refers to a U.S. person.

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Appendix E
I&A Timeline Related to the January 6 Events
LEGEND

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Appendix F
Office of Inspector General Major Contributors to This Report

Erika Lang, Assistant Inspector General for Inspections and Evaluations


Brendan Bacon, Lead Inspector
Gregory Flatow, Lead Inspector
Adam Brown, Senior Inspector
Anthony Crawford, Intelligence Officer
Margaret Gersh, Senior Intelligence Analyst
Rebecca Blaskey, Attorney Advisor to the Inspector General
James Lazarus, Attorney Advisor to the Inspector General
Jennifer Berry, Independent Referencer

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Appendix G
Report Distribution

Department of Homeland Security

Secretary
Deputy Secretary
Chief of Staff
Deputy Chiefs of Staff
General Counsel
Executive Secretary
Director, GAO/OIG Liaison Office
Under Secretary for Office of Strategy, Policy and Plans
Assistant Secretary for Office of Public Affairs
Assistant Secretary for Office of Legislative Affairs
I&A Liaison

Office of Management and Budget

Chief, Homeland Security Branch


DHS OIG Budget Examiner

Congress

Congressional Oversight and Appropriations Committees

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ADDITIONAL INFORMATION AND COPIES

To view this and any of our other reports, please visit our website at:
www.oig.dhs.gov.

For further information or questions, please contact Office of Inspector General


Public Affairs at: [email protected].
Follow us on Twitter at: @dhsoig.

OIG HOTLINE

To report fraud, waste, or abuse, visit our website at www.oig.dhs.gov and click
on the red "Hotline" tab. If you cannot access our website, call our hotline at
(800) 323-8603, fax our hotline at (202) 254-4297, or write to us at:

Department of Homeland Security


Office of Inspector General, Mail Stop 0305
Attention: Hotline
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Washington, DC 20528-0305

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