Grassley, Johnson press DOJ IG to respond on whether ‘untasked’ undercover agents were present on Jan 6

EXCLUSIVE: Sens. Ron Johnson and Chuck Grassley are demanding information from the Justice Department’s inspector general on whether any unassigned or "untasked" confidential human sources (CHSs) from DOJ agencies beyond the FBI were in or around the Capitol on Jan. 6, 2021. 

In 2024, DOJ Inspector General Michael Horowitz revealed that there were more than two dozen FBI confidential human sources in the crowd outside the Capitol on Jan. 6, 2021, but only three were assigned by the bureau to be present for the event. 

One of the three confidential human sources tasked by the FBI to attend the rally entered the Capitol building, while the other two entered the restricted area around the Capitol. If a confidential human source is directed to be at a certain event, they are paid by the FBI for their time.

WERE UNDERCOVER SOURCES FROM OTHER DOJ AGENCIES PRESENT ON JAN. 6? GRASSLEY, JOHNSON DEMAND ANSWERS

Horowitz, in that report, said none of the sources were authorized or directed by the FBI to "break the law" or "encourage others to commit illegal acts." 

In December, and after the release of Horowitz’s report, Grassley, R-Iowa, and Johnson, R-Wis., demanded information on whether confidential human sources from DOJ agencies beyond the FBI were used on Jan. 6, 2021. 

In an April 7 letter exclusively obtained by Fox News Digital, Horowitz notified the senators that he found no evidence the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA), or the Bureau of Prisons deployed confidential human sources to Washington, D.C., on Jan. 6, 2021.

"We can confirm that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA), the U.S. Marshals Service (USMS), and the Federal Bureau of Prisons (BOP) did not have any undercover employees in Washington, D.C. on January 6 in connection with the events of January 6," Horowitz wrote in his response. "This includes in or around the Capitol or in the restricted area of the Capitol." 

"We can also confirm that the ATF, DEA, USMS, and BOP did not have any tasked CHSs in Washington, D.C. on January 6 in connection with the events of January 6," Horowitz continued. "This includes in or around the Capitol or in the restricted area of the Capitol." 

However, Horowitz could not conclusively say whether any of those agencies had "untasked" confidential human sources – or those who traveled on their own initiative – present on Jan. 6, 2021. 

"With respect to whether any DOJ law enforcement components other than the FBI had untasked CHSs in Washington, D.C. on January 6 in connection with the events of January 6, unlike the FBI, we have no information at this time as to whether the ATF, DEA, USMS, or BOP conducted a post-January 6 canvass to determine if any of their CHSs traveled on their own initiative (untasked) to D.C. in connection with the January 6 events," Horowitz wrote. 

Horowitz notified Grassley and Johnson that after conversations with their Senate staff on the matter, the DOJ inspector general’s office is inquiring those agencies further on whether they have any information to indicate whether any of their confidential human sources were in Washington, D.C., "on their own initiative (untasked) for the events on January 6." 

"We will supplement this response when we receive that information," Horowitz wrote. 

Grassley and Johnson, in a letter to Horowitz obtained exclusively by Fox News Digital, demanded Horowitz provide that information, saying his investigative work appeared to be "narrowly focused" on just the FBI's use of CHSs, and said his response on "untasked CHSs from DOJ components other than the FBI" was "less definitive." 

Additionally, Grassley and Johnson are demanding further information on confidential human sources, noting that "the term ‘undercover agent’ can mean many things." 

Grassley and Johnson are now reiterating their request for information on whether "any federal law enforcement components, including FBI, ATF, DEA, USMS, or BOP had employees or contractors wearing civilian clothing in the Washington D.C. area; at the Capitol Building; and in restricted areas on J6 in an official or unofficial capacity." 

Meanwhile, Grassley and Johnson, in December, also questioned whether Horowitz thoroughly reviewed classified and unclassified communications between handlers and their sources, warning that without that review, there may be a "major blind spot" in his findings. 

Horowitz, in his April letter to the senators, said he reviewed the "relevant portions of CHS files in the FBI’s electronic record-keeping system for CHS management" and obtained "relevant portions of those files," including underlying text messages, photographs and videos. 

Horowitz said he obtained emails documenting the FBI’s Washington Field Office communications with CHS handlers of the tasked CHSs, and emails of CHS handling agents of "untasked" CHSs who contacted the Washington Field Office during the events of Jan. 6, 2021. 

"We flagged certain additional documents to be produced, including 1023s, documentation of unauthorized illegal activity (which generated a negative response), approvals for the tasked CHSs, and some underlying text messages and photographs referenced in 1023s, including text messages sent and shared between CHSs and their handlers," Horowitz wrote, adding that he also obtained instant messages from the FBI’s classified and unclassified communication platforms. 

DOJ IG REVEALS 26 FBI INFORMANTS WERE PRESENT ON JAN. 6

"As with all reviews, we sought the information that was most relevant to our review, one aspect of which was to confirm that no FBI handling agent, FBI Headquarters personnel, or WFO personnel authorized any CHS to engage in illegal activity on January 6, 2021," Horowitz stressed. "Given this scope, and the fact that the OIG did not receive any information indicating that any individual handling agent had inappropriate communications with a CHS, the OIG requested and reviewed relevant text messages between handling agents and CHSs, but did not request all of the text messages for all of the 26 CHSs and their handlers." 

Horowitz explained that for many of the confidential human sources in Washington, D.C., on Jan. 6, "the handling agents did not know of the CHSs’ presence in Washington, D.C. until after the events of that day." 

"We further note that, in the hundreds of prosecutions that took place in connection with the events at the Capitol on January 6, 2021, and the extensive discovery that took place during those prosecutions, we are not aware that any CHS (or other person) provided text messages to a Court indicating that a FBI agent had encouraged or instructed (with or without authorization from their Field Office, WFO, or FBI headquarters) anyone to engage in illegal activity on January 6, 2021," Horowitz wrote. 

However, Grassley and Johnson say Horowitz’s response falls short, noting he "did not request all of the text messages for all of the 26 CHSs and their handlers."

"It’s well past time the American people received complete transparency and clarity regarding the full extent of the Justice Department and its component agencies’ involvement in the events of J6," Grassley and Johnson told Fox News Digital in a joint statement. "Inspector General Horowitz must be thorough in his approach and shed light on every corner of the department he oversees." 

Grassley and Johnson added, "We expect Horowitz to bring finality to this investigation by fully complying with our requests." 

A spokesperson for Horowitz did not immediately respond to Fox News Digital's request for comment.