Joshua Kaplan

Busted: Kristi Noem secretly took a cut of her political donations

In 2023, while Kristi Noem was governor of South Dakota, she supplemented her income by secretly accepting a cut of the money she raised for a nonprofit that promotes her political career, tax records show.

In what experts described as a highly unusual arrangement, the nonprofit routed funds to a personal company of Noem’s that had recently been established in Delaware. The payment totaled $80,000 that year, a significant boost to her roughly $130,000 government salary. Since the nonprofit is a so-called dark money group — one that’s not required to disclose the names of its donors — the original source of the money remains unknown.

Noem then failed to disclose the $80,000 payment to the public. After President Donald Trump selected Noem to be his secretary of the Department of Homeland Security, she had to release a detailed accounting of her assets and sources of income from 2023 on. She did not include the income from the dark money group on her disclosure form, which experts called a likely violation of federal ethics requirements.

Experts told ProPublica it was troubling that Noem was personally taking money that came from political donors. In a filing, the group, a nonprofit called American Resolve Policy Fund, described the $80,000 as a payment for fundraising. The organization said Noem had brought in hundreds of thousands of dollars.

There is nothing remarkable about a politician raising money for nonprofits and other groups that promote their campaigns or agendas. What’s unusual, experts said, is for a politician to keep some of the money for themselves.

“If donors to these nonprofits are not just holding the keys to an elected official’s political future but also literally providing them with their income, that’s new and disturbing,” said Daniel Weiner, a former Federal Election Commission attorney who now leads the Brennan Center’s work on campaign finance.

ProPublica discovered details of the payment in the annual tax form of American Resolve Policy Fund, which is part of a network of political groups that promote Noem and her agenda. The nonprofit describes its mission as “fighting to preserve America for the next generation.” There’s little evidence in the public domain that the group has done much. In its first year, its main expenditures were paying Noem and covering the cost of some unspecified travel. It also maintains social media accounts devoted to promoting Noem. It has 100 followers on X.

In a statement, Noem’s lawyer, Trevor Stanley, said, “Then-Governor Noem fully complied with the letter and the spirit of the law” and that the Office of Government Ethics, which processes disclosure forms for federal officials, “analyzed and cleared her financial information in regards to this entity.” Stanley did not respond to follow-up questions about whether the ethics office was aware of the $80,000 payment.

Stanley also said that “Secretary Noem fully disclosed all of her income on public documents that are readily available.” Asked for evidence of that, given that Noem didn’t report the $80,000 payment on her federal financial disclosure form, Stanley did not respond.

Before being named Homeland Security secretary, overseeing immigration enforcement, Noem spent two decades in South Dakota’s government and the U.S. House of Representatives, drawing a public servant’s salary. Her husband, Bryon Noem, runs a small insurance brokerage with two offices in the state. Between his company and his real estate holdings, he has at least $2 million in assets, according to Noem’s filing.

While she is among the least wealthy members of Trump’s Cabinet, her personal spending habits have attracted notice. Noem was photographed wearing a gold Rolex Cosmograph Daytona watch that costs nearly $50,000 as she toured the Salvadoran prison where her agency is sending immigrants. In April, after her purse was stolen at a Washington, D.C., restaurant, it emerged she was carrying $3,000 in cash, which an official said was for “dinner, activities, and Easter gifts.” She was criticized for using taxpayer money as governor to pay for expenses related to trips to Paris, to Canada for bear hunting and to Houston to have dental work done. At the time, Noem denied misusing public funds.

Noem’s personal company, an LLC called Ashwood Strategies, shares a name with one of her horses. It was registered in Delaware early in her second term as South Dakota governor, around 1 p.m. on June 22, 2023. Four minutes later, the nonprofit American Resolve Policy Fund was incorporated in Delaware too.

American Resolve raised $1.1 million in 2023, according to its tax filing. The group reported that it had zero employees, and what it did with that money is largely unclear.

In 2023, the nonprofit spent only about $220,000 of its war chest — with more than a third of that going to Noem’s LLC. The rest mostly went toward administrative expenses and a roughly $84,000 travel budget. It’s not clear whose travel the group paid for.

The nonprofit reported that it sent the $80,000 fundraising fee to Noem’s LLC as payment for bringing in $800,000, a 10% cut. A professional fundraiser who also raised money for the group was paid a lower rate of 7%.

In the intervening years, American Resolve has maintained a low public profile. In March, it purchased Facebook ads attacking a local news outlet in South Dakota, which had been reporting on Noem’s use of government credit cards. Noem’s lawyer did not answer questions about whether the group paid her more money after 2023, the most recent year for which its tax filing is available.

The nonprofit has an affiliated political committee, American Resolve PAC, that’s been more active, at least in public. Touting Noem’s conservative leadership under a picture of her staring off into the sky, its website said the PAC was created to put “Kristi and her team on the ground in key races across America.” Noem traveled the country last year attending events the PAC sponsored in support of Republican candidates.

American Resolve’s treasurer referred questions to Noem’s lawyer. In his statement, Noem’s lawyer said she “did not establish, finance, maintain, or control American Resolve Fund. She was simply a vender for a non-profit entity.”

While Noem failed to report the fundraising income Ashwood Strategies received on her federal financial disclosure, she did provide some other details. She described the LLC as involving “personal activities outside my official gubernatorial capacity” and noted that it received the $140,000 advance for her book “No Going Back.” The LLC also had a bank account with between $100,001 and $250,000 in it and at least $50,000 of “livestock and equipment,” she reported.

The fact that Ashwood Strategies is Noem’s company only emerged through the confirmation process for her Trump Cabinet post. South Dakota has minimal disclosure rules for elected officials, and Noem had not previously divulged that she created a side business while she was governor.

Noem’s outside income may have run afoul of South Dakota law, according to Lee Schoenbeck, a veteran Republican politician and attorney who was until recently the head of the state Senate. Thelaw requires top officials, including the governor, to devote their full time to their official roles.

“There’s no way the governor is supposed to have a private side business that the public doesn’t know about,” Schoenbeck told ProPublica. “It would clearly not be appropriate.”

Noem’s lawyer said South Dakota law allowed her to receive income from the nonprofit.

Do you have any information we should know about Kristi Noem or other administration officials? Justin Elliott can be reached by email at justin@propublica.org and by Signal or WhatsApp at 774-826-6240. Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383.

'Ram this through': The Trump admin targeted African countries with one goal in mind

Reporting Highlights

  • “Maximum Pressure”: The State Department conducted a monthslong campaign to push a small African country to help Musk’s satellite internet company, records and interviews show.
  • “Ram This Through”: Working closely with executives at Starlink, the U.S. government has made a global push to help expand Musk’s business empire in the developing world.
  • “Crony Capitalism”: Diplomats said the events were an alarming departure from standard practice — because of both the tactics used and the person who would benefit most from them.

These highlights were written by the reporters and editors who worked on this story.

In early February, Sharon Cromer, U.S. ambassador to Gambia, went to visit one of the country’s Cabinet ministers at his agency’s headquarters, above a partially abandoned strip mall off a dirt road. It had been two weeks since President Donald Trump took office, and Cromer had pressing business to discuss. She needed the minister to fall in line to help Elon Musk.

Starlink, Musk’s satellite internet company, had spent months trying to secure regulatory approval to sell internet access in the impoverished West African country. As head of Gambia’s communications ministry, Lamin Jabbi oversees the government’s review of Starlink’s license application. Jabbi had been slow to sign off and the company had grown impatient. Now the top U.S. government official in Gambia was in Jabbi’s office to intervene.

Musk’s Department of Government Efficiency loomed over the conversation. The administration had already begun freezing foreign aid projects, and early in the meeting, Cromer, a Biden appointee, said something that rattled Gambian officials in the room. She listed the ways that the U.S. was supporting the country, according to two people present and contemporaneous notes, noting that key initiatives — like one that funds a $25 million project to improve the electrical system — were currently under review.

Jabbi’s top deputy, Hassan Jallow, told ProPublica he saw Cromer’s message as a veiled threat: If Starlink doesn’t get its license, the U.S. could cut off the desperately needed funds. “The implication was that they were connected,” Jallow said.

In recent months, senior State Department officials in both Washington and Gambia have coordinated with Starlink executives to coax, lobby and browbeat at least seven Gambian government ministers to help Musk, records and interviews show. One of those Cabinet officials told ProPublica his government is under “maximum pressure” to yield.

In mid-March, Cromer escalated the campaign by writing to Gambia’s president with an “important request.” That day, a contentious D.C. meeting between Musk employees and Jabbi had ended in an impasse. She urged the president to circumvent Jabbi and “facilitate the necessary approvals for Starlink to commence operations,” according to a copy of the letter obtained by ProPublica. Jabbi told confidantes he felt the ambassador was trying to get him fired.

The saga in Gambia is the starkest known example of the Trump administration wielding the U.S. government’s foreign policy apparatus to advance the business interests of Musk, a top Trump adviser and the world’s richest man.

Since Trump’s inauguration, the State Department has intervened on behalf of Starlink in Gambia and at least four other developing nations, previously unreported records and interviews show.

As the Trump administration has gutted foreign aid, U.S. diplomats have pressed governments to fast-track licenses for Starlink and arranged conversations between company employees and foreign leaders. In cables, U.S. officials have said that for their foreign counterparts, helping Starlink is a chance to prove their commitment to good relations with the U.S.

In one country last month, the U.S. embassy bragged that Starlink’s license was approved despite concerns it wasn’t abiding by rules that its competitors had to follow.

“If this was done by another country, we absolutely would call this corruption,” said Kristofer Harrison, who served as a high-level State Department official in the George W. Bush administration. “Because it is corruption.”

Helping U.S. businesses has long been part of the State Department’s mission, but former ambassadors said they sought to do this by making the positive case for the benefits of U.S. investment. When seeking deals for U.S. companies, they said they took care to avoid the appearance of conflicts or leaving the impression that punitive measures were on the table.

Ten current and former State Department officials said the recent drive was an alarming departure from standard diplomatic practice — because of both the tactics used and the person who would benefit most from them. “I honestly didn’t think we were capable of doing this,” one official told ProPublica. “That is bad on every level.” Kenneth Fairfax, a retired career diplomat who served as U.S. ambassador to Kazakhstan, said the global push for Musk “could lead to the impression that the U.S. is engaging in a form of crony capitalism.”

The Washington Post previously reported that Secretary of State Marco Rubio has instructed U.S. diplomats to help Starlink so it can beat its Chinese and Russian competitors. Multiple countries, including India, have sped up license approvals for Starlink to try to build goodwill in tariff negotiations with the Trump administration, the Post reported.

ProPublica’s reporting provides a detailed picture of what that push has looked like in practice. After Gambia’s ambassador to the U.S. declined an interview about Starlink — a topic seen as highly sensitive given Musk’s position — ProPublica reporters traveled to the capital, Banjul, to piece together the events. This account is based on internal State Department documents and interviews with dozens of current and former officials from both countries, most of whom requested anonymity for fear of retaliation.

In response to detailed questions, the State Department issued a statement celebrating Starlink. “Starlink is an America-made product that has been a game changer in helping remote areas around the world gain internet connectivity,” a spokesperson wrote. “Any patriotic American should want to see an American company’s success on the global stage, especially over compromised Chinese competitors.” Cromer and Starlink did not respond to requests for comment, nor did the office of the president of Gambia. Jabbi made Jallow available to discuss the situation.

During the Biden administration, State Department officials worked with Starlink to help the company navigate bureaucracies abroad. But the agency’s approach appears to have become significantly more aggressive and expansive since Trump’s return to power, according to internal records and current and former government officials.

Foreign leaders are acutely aware of Musk’s unprecedented position in the government, which he has used to help rewrite U.S. foreign policy. After Musk spent at least $288 million on the 2024 election, Trump gave the billionaire a powerful post in the White House. In mere months, Musk’s team has directed the firing of thousands of federal workers, canceled billions of dollars in programs and dismantled the U.S. Agency for International Development, which supported humanitarian projects around the world. African nations have been particularly hard-hit by the cuts.

At the same time, Musk continues to run Starlink and the rest of his corporate empire. In past administrations, government ethics lawyers carefully vetted potential conflicts of interest. Though Trump once said that “we won’t let him get near” conflicts, the White House has also suggested Musk is responsible for policing himself. The billionaire has waved away criticisms of the arrangement, saying “I’ll recuse myself” if conflicts arise. “My companies are suffering because I’m in the government,” Musk said.

In a statement, the White House said Musk has nothing to do with deals involving Starlink and that every administration official follows ethical guidelines. “For the umpteenth time, President Trump will not tolerate any conflicts of interest,” spokesperson Harrison Fields said in an email.

Executives at Starlink have seized the moment to expand. An April State Department cable to D.C. obtained by ProPublica quoted a Starlink employee describing the company’s approach to securing a license in Djibouti, a key U.S. ally in Africa that hosts an American military base: “We’re pushing from the top and the bottom to ram this through.”

Musk entered the White House at a pivotal moment for Starlink. When the service launched in 2020, it had a novel approach to internet access. Rather than relying on underground cables or cell towers like traditional telecom companies, Starlink uses low-orbiting satellites that let it provide fast internet in places its competitors had struggled to reach. Expectations for the startup were sky high. Bullish Morgan Stanley analysts predicted that by 2040, Starlink would have up to 364 million subscribers worldwide — more than the current population of the U.S.

Starlink quickly became a central pillar of Musk’s fortune. His stake in Starlink’s parent company, SpaceX, is estimated to be worth about $150 billion of his roughly $400 billion net worth.

Although the company says its user base has grown to over 5 million people, it remains a bit player compared to the largest internet providers. And the satellite internet market is set to become more competitive as well-funded companies launch services modeled on Starlink. Jeff Bezos’ Project Kuiper, a unit of Amazon, has said it expects to start serving customers later this year. Satellite upstarts headquartered in Europe and China aren’t far behind either.

“They want to get as far and as fast as they can before Amazon Kuiper gets online,” said Chris Quilty, a veteran space industry analyst.

In internal cables, State Department officials have said they are eager to help Musk get ahead of foreign satellite companies. Securing licenses in the next 18 months is critical for Starlink due to the growing competition, one cable said last month. Senior diplomats have written that they hope to give Musk’s company a “first-mover advantage.”

Africa represents a lucrative prize. Much of the continent lacks reliable internet. Success in Africa could mean dominating a market with the fastest-growing population on earth.

As of last November, Starlink had reportedly launched in 15 of Africa’s 54 countries, but it was beginning to spark a backlash. Last year, Cameroon and Namibia cracked down on Musk’s company for allegedly operating in their countries illegally. In South Africa — where Starlink has so far failed to get a license — Musk exacerbated tensions by publicly accusing the government of anti-white racism. Since Trump won the election, at least five African countries have granted licenses to Starlink: the Democratic Republic of Congo, Somalia, Guinea-Bissau, Lesotho and Chad.

Now Musk’s campaign of cuts has given him leverage inside the State Department. A Trump administration memo that leaked to the press last month proposed closing six embassies in Africa.

The Gambian embassy was on the list of proposed cuts.

An 8-year-old democracy, Gambia’s 2.7 million residents live on a sliver of land once used as a hub in the transatlantic slave trade. For two decades until 2017, the nation was ruled by a despot who had his opponents assassinated and plundered public funds to buy himself luxuries like a Rolls-Royce collection and a private zoo. When the dictator was ousted, the economy was in tatters. Today Gambia is one of the poorest countries in the world, with about half the country living on less than $4 a day.

In this fragile environment, the telecom industry that Jabbi oversees is vitally important to Gambian authorities. According to the government, the sector provides at least 20% of the country’s tax revenue. Ads for the country’s multiple internet providers are ubiquitous, painted onto dozens of public works — parks, police booths, schools.

It’s unclear why Starlink’s efforts in Gambia, a tiny market, have been so intense.

Cromer’s efforts on behalf of the company started under the Biden administration, as she documented last December in a cable sent back to Washington. Last spring, Starlink began the process of securing necessary approvals from a local utilities regulator and the Gambian communications agency. The utilities regulator wanted Starlink to pay an $85,000 license fee, which the company felt was too expensive. Cromer spoke to local officials, who then “pressured” the regulator to remove “this unnecessary barrier to entry,” the ambassador wrote.

Gambian supporters of Starlink felt that its product would be a boon for consumers and for economic growth in the country, where internet service remains unreliable and slow. “The ripple effects could be extraordinary,” Cromer said in the December cable, contending it could enable telehealth and improve education.

Opponents argued that local internet providers were one of Gambia’s few stable sources of jobs and infrastructure investments. If Starlink killed off its competition and then jacked up its prices — in Nigeria, the company announced last year it would suddenly double its fees — authorities could have little leverage to manage the fallout. When Musk refused to turn on Starlink in part of Ukraine during the war there, it heightened concerns about handing control of internet access to the mercurial billionaire, industry analysts said. One Musk tweet about foreign regulators’ ability to police his company caught the attention of Gambian critics: “They can shake their fist at the sky,” Musk said in 2021.

The ultimate authority for granting Starlink a license lies with Jabbi, an attorney who spent years in the local telecom sector. Gambian telecom companies that don’t want competition from Musk see Jabbi as an ally.

Jallow, Jabbi’s top deputy, told ProPublica that the ministry is not opposed to Starlink operating in Gambia. But he said Jabbi is doing due diligence to ensure laws and regulations are being followed before opening up the country to a consequential change.

After Trump’s inauguration, Jabbi’s position pitted him against not only Starlink but also the U.S. government. In the weeks after the February meeting where Cromer reminded Jabbi about the tenuous state of American funding to his country, the ambassador told other diplomats that getting Starlink approved was a high priority, according to a Western official familiar with her comments.

The stance surprised some of Cromer’s peers. Cromer had spent her career at USAID before President Joe Biden appointed her as ambassador. Her tenure in Gambia often focused on human rights and democracy building.

In March, when Jabbi and Jallow traveled to D.C. to attend a World Bank summit, the State Department helped arrange a series of meetings for them. The first, on March 19, was with Starlink representatives including Ben MacWilliams, a former U.S. diplomat who leads the company’s expansion efforts in Africa. The second was with U.S. government officials at the State Department’s headquarters.

The meeting with the company quickly became contentious. Huddled in a conference room at the World Bank, MacWilliams accused Jabbi of standing in the way of his nation’s progress and harming ordinary Gambians, according to Jallow, who was in the meeting, and four others briefed on the event. “We want our license now,” Jallow recalled MacWilliams saying. “Why are you delaying it?”

The conversation ended in a stalemate. In the hours that followed, Starlink and the U.S. government’s campaign intensified in a way that underscored the degree of coordination between the two parties. The company told Jabbi it would cancel his scheduled D.C. meeting with State Department officials because “there was no more need,” Jallow said.

The State Department meeting never happened. Instead, 4,000 miles away in Gambia’s capital, Cromer would try an even more aggressive approach.

That same day, Cromer had already met with Gambia’s equivalent of a commerce secretary to lobby him to help pave the way for Starlink. Then she was informed about the disappointing meeting Starlink had had in D.C., according to State Department records. By day’s end, Cromer had sent a letter to the nation’s president.

“I am writing to seek your support to allow Starlink to operate in The Gambia,” the letter opened. Over three pages, the ambassador described her concerns about Jabbi’s agency and listed the ways that Gambians could benefit from Starlink. She also said the company had satisfied conditions set by Jabbi’s predecessor.

“I respectfully urge you to facilitate the necessary approvals for Starlink to commence operations in The Gambia,” Cromer concluded. “I look forward to your favorable response.”

In the weeks since, Jabbi has refused to budge. The U.S. government’s efforts have continued. In late April, Gambia’s attorney general met in D.C. with senior State Department officials, according to a person familiar with the matter, where they again discussed the Starlink issue.

Diplomats were troubled by how the pressure campaign could hurt America’s image overseas. “This is not Iran or a rogue African state run by a dictator — this is a democracy, a natural ally,” said another senior Western diplomat in the region, noting that Gambia is “a prime partner of the West” in United Nations votes. “You beat up the smallest and the best boy in the class.”

Gambia is not the only country being leaned on. Since Trump took office, embassies around the world have sent a flurry of cables to D.C. documenting their meetings with Starlink executives and their efforts to cajole developing countries into helping Musk’s business. The cables all describe a problem similar to what happened in Gambia: The company has struggled to win a license from local regulators. In some countries, ambassadors reported, their work appears to be yielding results. (The embassies and their host countries did not respond to requests for comment.)

The U.S. embassy in Cameroon wrote that the country could prove its commitment to Trump’s agenda by letting Starlink expand its presence there. In the same missive, embassy officials discussed the impact of U.S. aid cuts and deportations and cited a humanitarian official who was reckoning with America’s shifting foreign policy: “They may not be happy with what they see, but they are trying to adapt as best they can.”

In Lesotho, where embassy officials had spent weeks trying to help Starlink get a license, the company finalized a deal after Trump imposed 50% tariffs on the tiny landlocked country. Lesotho officials told embassy staff they hoped the license would help in their urgent push to reduce the levies, according to Mother Jones. A major multinational company complained that Starlink was getting preferential treatment, embassy documents obtained by ProPublica show, since Musk’s firm had been exempted from requirements its competitors still had to follow.

In cables sent from the U.S. embassy in Djibouti this spring, State Department officials recounted their meetings with the company and pledged to continue working with “Starlink in identifying government officials and facilitating discussions.”

In Bangladesh, U.S. diplomats pressed Starlink’s case “early and often” with local officials, partnered with Starlink to “build an educational strategy” for their counterparts and helped arrange a conversation between Musk and the nation’s head of state, according to a recent cable. The embassy’s work started under Biden but bore fruit only after Trump took office.

Their efforts resulted in Bangladesh approving Starlink’s request to do business in the country, the top U.S. diplomat there said last month, a sign-off that Musk’s company had sought for years.

Do you have information about Elon Musk’s businesses or the Trump administration? Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383. Brett Murphy can be reached at 508-523-5195 or by email at brett.murphy@propublica.org.

Anna Maria Barry-Jester contributed reporting.

Busted: Elon Musk’s SpaceX secretly allows investment from China

Elon Musk’s aerospace giant SpaceX allows investors from China to buy stakes in the company as long as the funds are routed through the Cayman Islands or other offshore secrecy hubs, according to previously unreported court records.

The rare picture of SpaceX’s approach recently emerged in an under-the-radar corporate dispute in Delaware. Both SpaceX’s chief financial officer and Iqbaljit Kahlon, a major investor, were forced to testify in the case.

In December, Kahlon testified that SpaceX prefers to avoid investors from China because it is a defense contractor. There is a major exception though, he said: SpaceX finds it “acceptable” for Chinese investors to buy into the company through offshore vehicles.

“The primary mechanism is that those investors would come through intermediate entities that they would create or others would create,” Kahlon said. “Typically they would set up BVI structures or Cayman structures or Hong Kong structures and various other ones,” he added, using the acronym for the British Virgin Islands. Offshore vehicles are often used to keep investors anonymous.

Experts called SpaceX’s approach unusual, saying they were troubled by the possibility that a defense contractor would take active steps to conceal foreign ownership interests.

Kahlon, who has long been close to the company’s leadership, has said he owns billions of dollars of SpaceX stock. His investment firm also acts as a middleman, raising money from investors to buy highly sought SpaceX shares. He has routed money from China through the Caribbean to buy stakes in SpaceX multiple times, according to the court filings.

The legal dispute centers on an aborted 2021 deal, when SpaceX executives grew angry after news broke that a Chinese firm was going to buy $50 million of the company’s stock. SpaceX then had the purchase canceled. In separate testimony, the rocket company’s CFO explained that the media coverage was “not helpful for our company as a government contractor.” SpaceX’s business is built on those contracts, with the U.S. government paying the company billions to handle sensitive work like building a classified spy satellite network.

Company executives were concerned that coverage of the deal could lead to problems with national security regulators in the U.S., according to Kahlon’s testimony and a filing from his attorneys.

SpaceX, which also launches rockets for NASA and sells satellite internet service, is perhaps the most important pillar of Musk’s fortune. His estimated 42% stake in the company is valued at around $150 billion. If he owned nothing else, he’d still be richer than Bill Gates.

Federal law gives regulators broad power to oversee foreign investments in tech companies and defense contractors. Companies only have to proactively report Chinese investments in limited circumstances, and there aren’t hard and fast rules for how much is too much. However, the government can initiate investigations and then block or reverse transactions they deem a national security threat. That authority typically does not apply to purely passive investments in which a foreign investor is buying only a small slice of a company. But experts said that federal officials regularly ask companies to add up Chinese investments into an aggregate total.

The U.S. government charges that China has a systematic strategy of using even minority investments to secure leverage over companies in sensitive industries, as well as to gain privileged access to information about cutting-edge technology. U.S. regulators view even private investors in China as potential agents of the country’s government, experts said.

The new materials do not contain allegations that the Chinese investments in SpaceX would violate the law or were directed by the Chinese government. The company did not respond to detailed questions from ProPublica. Kahlon declined to comment on the reasons for SpaceX’s approach.

It’s not uncommon for foreigners to buy U.S. stock through a vehicle in the Cayman Islands, often to save money on taxes. But experts said it was strange for the party on the other side of a deal — the U.S. company — to prefer such an arrangement.

ProPublica spoke to 13 national security lawyers, corporate attorneys and experts in Chinese finance about the SpaceX testimony. Twelve said they had never heard of a U.S. company with such a requirement and could not think of a purpose for it besides concealing Chinese ownership in SpaceX. The 13th said they had heard of companies adopting the practice as a way to hide foreign investment.

“It is certainly a policy of obfuscation,” Andrew Verstein, a UCLA law professor who has studied defense contractors, said of the SpaceX testimony. “It hints at potentially serious problems. We count on companies to be forthright with the government about whether they’ve taken money from America’s rivals.”

The new material adds to the questions surrounding Musk’s extensive ties with China, which have taken a new urgency since the world’s richest man joined the Trump White House. Musk has regularly met with Communist Party officials in China to discuss his business interests in the country, which is where about half of Tesla cars are built.

Last week, The New York Times reported that Musk was scheduled to get a briefing on secret plans for potential war between China and the U.S. The Times later reported that the briefing was called off, and Trump denied it had ever been scheduled. The president told reporters it would be wrong to show the war plans to the businessman: “Elon has businesses in China, and he would be susceptible perhaps to that,” Trump said.

The Delaware court records reveal SpaceX insiders’ intense preoccupation with secrecy when it comes to China and detail a network of independent middlemen peddling SpaceX shares to eager Chinese investors. (Unlike a public company, SpaceX exercises significant control over who can buy into the company, with the ability to block sales even between outside parties.)

But the case leaves unanswered the question of exactly what percentage of SpaceX is owned by Chinese investors.

The Financial Times recently reported that Chinese investors had managed to acquire small amounts of SpaceX stock and that they were turning to offshore vehicles to do so. The deals were structured to limit the information investors receive, the outlet said. The Delaware records reveal additional, previously unreported Chinese investments in SpaceX but do not say how much they were worth. The few Chinese investments in SpaceX where a dollar figure is publicly known total well under $100 million.

The experts said the court testimony is puzzling enough that it raises the possibility that SpaceX has more substantial ties to China than are publicly known and is working to mask them from U.S. regulators. A more innocent explanation, they said, is that SpaceX is seeking to avoid scrutiny of perfectly legal investments by the media or Congress.

Once a welcome source of cash, Chinese investment in Silicon Valley has become the subject of intense debate in Washington as hostility between the two countries deepened in recent years. Corporate lawyers told ProPublica they’d counsel their clients against requiring the use of offshore vehicles because it could make it look like they are trying to hide something from the government.

Bret Johnsen, the SpaceX CFO, testified in the Delaware dispute that the company does not have a formal policy about accepting investments from countries deemed adversaries by the U.S. government. Rather, he said, SpaceX has “preferences that kind of feel like a policy.” Sensitive to how such financial ties could make it “more challenging to win government contracts,” Johnsen said that he asks fund managers to “stay away from Russian, Chinese, Iranian, North Korean ownership interest.”

In the public portion of his deposition, Johnsen wasn’t asked whether routing Chinese money offshore made such investments acceptable to SpaceX. But he lent credibility to Kahlon, the investor who said that was enough to get the green light. Johnsen said that he has a long-standing personal relationship with Kahlon and that he’s discussed the company’s approach to Chinese ownership with him. The CFO added that he trusts Kahlon to bring in only investors that the company approves of.

Over the years, Kahlon has personally helped Chinese investors buy stakes in SpaceX on “a number of occasions” through “proxies such as British Virgin Islands- or Cayman Islands-based entities,” according to a filing from his lawyers. He also knows of “many” other Chinese investors who own SpaceX shares, the filing said. He learned about them through conversations with investors and brokers, as well “from having viewed investor lists.”

Kahlon is a consummate SpaceX insider. He “has been with the company in one form or fashion longer than I have,” said Johnsen, who’s worked at SpaceX for 14 years. Early in his career, Kahlon worked for Peter Thiel at the same venture capital firm that once employed JD Vance, and he first met with SpaceX around 2007 a few years after it was founded.

Kahlon eventually opened his own firm called Tomales Bay Capital, becoming a major player among the middlemen who cater to would-be investors in SpaceX. He’s helped people like former Education Secretary Betsy DeVos buy pieces of the rocket company. He also said he has served as a “back channel” between SpaceX and international regulators as the company sought to bring its satellite internet products to countries like India.

Kahlon and Johnsen were forced to testify after the deal with a Chinese firm fell apart in late 2021, sparking years of litigation. That year, Kahlon had the opportunity to buy more than half a billion dollars of SpaceX stock from a West Palm Beach private equity firm. Kahlon had already brought Chinese money into SpaceX before, he testified, and he again turned to China as he gathered funds to purchase the stake.

Kahlon soon connected with a Shanghai-based company called Leo Group, short for “Love Each Other.” As Kahlon made his pitch during their first call, Leo was told that “it would be best not to disclose the name of SpaceX,” an executive at the Chinese company later testified. “They deemed that information to be quite sensitive.”

Leo quickly sent Kahlon $50 million. He then messaged another business associate in China: “Have any folks interested in spcex still?”

Kahlon testified that he was planning to tell Johnsen about the Leo investment and expected the CFO to sign off on it. But the deal blew up after Leo mentioned SpaceX in a regulatory filing that generated widespread coverage in the Chinese business press. (Whether Leo had Kahlon’s permission to make the disclosure is a matter of dispute.) In a panic, Kahlon enlisted a Leo vice president to try to get the articles taken down. But when Johnsen and Tim Hughes, SpaceX’s top in-house lobbyist, spotted the stories, they grew alarmed.

“This is not helpful for our company as a government contractor,” the SpaceX CFO later testified regarding the press attention. “It, in essence, arms our competitors with something to use as a narrative against us.”

“In my entire professional career, this was literally the worst situation that I’ve been in,” Kahlon said. “I failed at what I thought was a core responsibility in the relationship we had.”

SpaceX ultimately decided to let Kahlon buy only a smaller portion of the stake, purchasing much of the half-billion dollar investment itself. According to contemporaneous messages and testimony from Kahlon, he was told that decision was made by Musk. However, Kahlon continued to have a strong relationship with SpaceX after the mishap, court records say, with the company allowing his firm to keep buying a large quantity of shares.

Musk’s business interests in China extend far beyond SpaceX’s ownership structure — a fact that has drawn criticism from Republican lawmakers over the years. In 2022, after Tesla opened a showroom in the Chinese region where the government runs Uyghur internment camps, then-Sen. Marco Rubio tweeted, “Nationless corporations are helping the Chinese Communist Party cover up genocide.”

In addition to Tesla’s sprawling factory in Shanghai, last year, almost 40% of Tesla’s sales were to Chinese customers. The company has also secured major tax breaks and regulatory victories in the country. In 2019, the Chinese premier offered Musk the country’s equivalent of a green card.

In recent years, the billionaire has offered sympathetic remarks about China’s desire to reclaim Taiwan and lavished praise on the government. “My experience with the government of China is that they actually are very responsive to the people,” Musk said toward the end of Trump’s first term. “In fact, possibly more responsive to the happiness of people than in the U.S.”

Do you have any information we should know about Elon Musk’s businesses? Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383. Justin Elliott can be reached by email at justin@propublica.org and by Signal or WhatsApp at 774-826-6240.

Alex Mierjeski contributed research.

Revealed: Extremist pastor appears to be running a DC group house for right-wing lawmakers

For a project explicitly designed to influence Congress, Steve Berger’s operation has left a scant paper trail. The archconservative evangelical pastor, who started a D.C. nonprofit a few years ago to shape national policy, does not file lobbying reports. His group does not show up in campaign finance records.

There is a simple way to glimpse his effort’s expanding reach in Washington, however: Pay attention to who is walking out the front door of his Capitol Hill townhouse. New evidence suggests Berger may be running what amounts to a group house for conservative lawmakers, with multiple members of Congress living with him at his organization’s headquarters.

The six-bedroom, $3.7 million home is owned by a multimillion-dollar Republican donor.

Rep. Andy Ogles, a Tennessee Republican who is among President Donald Trump’s most aggressive allies in Congress, has been at the house on multiple days over the past two weeks, according to people who live in the area. Video reviewed by ProPublica showed Ogles leaving the townhouse with bags on Feb. 27. As he left, he locked up the front door and pocketed the keys to the house.

As ProPublica reported last week, House Speaker Mike Johnson is living in the townhouse. And Dan Bishop, a former congressman from North Carolina now nominated for a powerful post in Trump’s White House, appears to have lived there until recently as well.

Berger has said his goal is to “disciple” members of Congress so what “they learn is then translated into policy.” He has claimed to have personally spurred legislation, saying a senator privately credited him with inspiring a bill.

Berger, Bishop and Ogles did not respond to requests for comment. A spokesperson for Johnson previously said the speaker pays fair-market rent for the part of the townhouse he occupies but didn’t answer questions about the specific rate. He said Johnson has not spoken to the pastor about “any matter of public policy.”

Ogles is in only his third year in Congress, but he’s drawn attention for his bombastic displays of fealty to Trump. He recently introduced a resolution to amend the Constitution so that Trump could serve a third term as president. He’s filed articles of impeachment against multiple judges who’ve ruled against the new administration. (Last week, Elon Musk posted a video of Ogles touting his impeachment efforts, set to the beat from the rap song “Shook Ones, Pt. II.”)

Ogles’ short tenure is also notable for the pace of scandal that’s followed it. He has faced allegations that he inflated his resume, claiming alternatively to have been an economist, a member of law enforcement and an expert on international sex trafficking, NewsChannel 5 in Nashville reported. (Ogles has acknowledged at least one mistake on his resume but said that “my body of work speaks for itself.”)

Last year, the FBI seized his phone during an investigation and obtained a search warrant to review records associated with his personal email address. Federal investigators were seeking evidence related to potential campaign finance violations, according to a court filing. The scope of the FBI investigation remains unclear.

Perhaps no one is more responsible for Ogles’ rise in politics than Lee Beaman, the Tennessee businessman who owns the Capitol Hill townhouse. When Ogles announced a short-lived Senate bid in 2017, Beaman said he planned to raise $4 million to support the run. Beaman, whose wealth derives from a large car dealership chain, then served as campaign treasurer in Ogles’ successful 2022 run for the House.

Beaman and Berger have publicly advocated together for numerous specific policy changes, in areas including foreign affairs, fuel efficiency standards and removing barriers to firing federal employees. After the 2020 election, they both signed a letter declaring that Trump was the rightful winner and calling for Congress to overturn the results. (Beaman did not respond to requests for comment. ProPublica could not determine whether he and the pastor have discussed policy issues with Ogles during his time in Congress.)

In sermons, Berger has devoted long stretches to attacking the separation of church and state, as well as COVID-19 vaccines. The pastor used violent language to describe his disdain for “LGBTQ+ Pride” parades and “drag queen story hour” during an interview for a podcast in 2022, according to unpublished footage obtained by ProPublica.

“If I was left to myself, I’d take a baseball bat and beat the hell out of every single one of them. And not feel bad about it,” Berger said. “I have to go, ‘You know what? That’s probably not the will of God, is it?’ And obviously it’s not.”

Beyond his ownership of the townhouse, Beaman’s role in the pastor’s influence project is unclear. After Beaman purchased the house in 2021, a lawyer sought to change it from a single-family dwelling to a “boarding house/rooming house,” according to Washington, D.C., property records. Around that time, Berger’s nonprofit group, Ambassador Services International, registered the home as its address.

Members of Congress are allowed to live anywhere, as long as they pay fair-market rent, experts said. Discounts on rent are generally seen as improper gifts and prohibited by House ethics rules.

Beaman has said he got to know Ogles when Ogles was the Tennessee director of Americans for Prosperity, part of the Koch brothers’ political network. Beaman and Ogles joined forces to fight a mass transit project in Nashville and reportedly worked together on a successful effort to repeal the estate tax in their home state. After leaving the Koch network, Ogles served four years as the mayor of a Middle Tennessee county with a population of roughly 100,000. He held that role until 2022, when he was elected to Congress.

Ogles’ 2022 campaign was the subject of a blistering House ethics report released this year. The nonpartisan Office of Congressional Ethics concluded that there is “substantial reason to believe” that Ogles’ campaign had accepted illegally large donations and then falsely reported that the funds had come from Ogles himself. Ogles has said he is “confident that any reporting problem was at worst an honest mistake.” (Beaman was not named in the report and has not been accused of wrongdoing.)

The report said that Ogles refused to cooperate with the investigation. It recommended that the House Ethics Committee issue a subpoena to the congressman.

Do you have any information we should know about Steve Berger, Rep. Andy Ogles or Speaker Mike Johnson? Justin Elliott can be reached by email at justin@propublica.org and by Signal or WhatsApp at 774-826-6240. Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383.

Busted: Mike Johnson staying at house at center of pastor’s mysterious influence campaign

In 2021, Steve Berger, an evangelical pastor who has attacked the separation of church and state as “a delusional lie” and called multinational institutions “demonic,” set off on an ambitious project. His stated goal: minister to members of Congress so that what “they learn is then translated into policy.” His base of operations would be a six-bedroom, $3.7 million townhouse blocks from the U.S. Capitol.

Recently, the pastor scored a remarkable coup for a political influence project that has until now managed to avoid public scrutiny. He got a new roommate.

House Speaker Mike Johnson has been staying at the home since around the beginning of this year, according to interviews and videos obtained by ProPublica.

The house is owned by a major Republican donor and Tennessee car magnate who has joined Berger in advocating for and against multiple bills before Congress.

Over the past four years, Berger and his wife, Sarah Berger, have dedicated themselves to what they call their D.C. “ministry center.” In addition to Johnson, who is an evangelical conservative, the pastor has built close relationships with several other influential conservative politicians. Dan Bishop, now nominated for a powerful post in the Trump White House, seems to have also lived in the home last year while he was still a congressman, according to three people.

A spokesperson for Johnson said that the speaker “pays fair market value in monthly rent for the portion of the Washington, D.C. townhome that he occupies.” He did not answer a question about how much Johnson is paying. House ethics rules allow members of Congress to live anywhere, as long as they are paying fair-market rent.

The spokesperson added that Johnson “has never once spoken to Mr. Berger about any piece of legislation or any matter of public policy.” Berger and Bishop did not respond to requests for comment.

The Bergers have described their mission as galvanizing political allies to take action. “It’s just iron sharpening iron,” Sarah Berger said on a podcast last summer, explaining the couple’s approach to political influence. “Like, ‘Oh yeah, that’s why I’m standing firm on this policy.’”

Steve Berger claims to have personally spurred legislation. “It’s a humbling thing,” he said in a sermon in late 2022. “You get a text message from a senator that says: ‘Thank you for your inspiration. Because it has caused me now to create a bill that is going to further righteousness in this country.’”

Berger’s interests extend beyond his staunch social conservatism. He and the donor who owns the house, Lee Beaman, have publicly advocated together for numerous specific policy changes, including a bill that would make it easier to fire federal employees and a regulation that would reduce fuel efficiency standards for the automotive industry. After the 2020 election, they both signed a letter declaring that President Donald Trump was the rightful winner and calling for Congress to overturn the results.

Johnson, a Louisiana Republican, did not respond to questions about how he ended up staying at the home. Beaman did not respond to requests for comment.

The earliest date ProPublica was able to confirm Johnson being at the Berger house was in mid-December. A video reviewed by ProPublica shows Johnson visiting the home on Dec. 15 with two women who appear to be his wife and daughter. They lingered outside before entering, while Johnson pointed around the building and down to the basement entrance as if he was giving a tour. Two days later, Berger sent a note to his supporters on social media: “I so wish I could tell you all the massive doors that broke open this week.”

Since the beginning of the year, videos and interviews show, Johnson has regularly left the house in the morning and returned in the evening. One day that Johnson was there recently, Berger was also at the home, opening the front door barefoot in pajama bottoms. (It appears Johnson may primarily be staying in the home’s two-bedroom basement.)

Washington pieds-à-terre can prove a significant expense for members of Congress as they split time between the capital and their home districts. Johnson is less wealthy than many other lawmakers. He worked at conservative nonprofits before he entered public service, and on his most recent financial disclosure form he did not declare a single asset. When Johnson was elevated to the speakership in 2023, news reports indicated that rather than renting an apartment, he might be sleeping in his office. (Lawmakers must report debts, income and many financial holdings on disclosure forms but aren’t required to list living expenses like rent.)

The Berger home is in an upscale D.C. neighborhood full of lobbyists and corporate attorneys. Though it’s not clear what the home’s basement would fetch on the open market, it’s not unusual for two-bedrooms in the area to rent for as much as $7,000 a month. Discounts on rent are generally prohibited by House ethics rules as improper gifts, experts said.

In sermons and on social media, Berger has mentioned some of the topics he’s discussed with Johnson and other members of Congress. Last year, Berger, a passionate supporter of the Israeli right-wing, said he’d had “a great conversation” with the speaker about Israel.

Recently, Johnson has described his conversations with Trump to the pastor, according to Berger. After Russia invaded Ukraine, Berger said in a sermon that he’d advised “some congressmen” to see the conflict through the lens of Ezekiel 38 and 39, parts of the Bible some see as prophesying a great war before the Second Coming. He did not specify what that meant from a policy perspective.

An energetic 60-year-old with a white goatee and penchant for preaching in sneakers and jeans, Berger has strong views on a wide range of issues, including economic policy and public health. He is vehemently opposed to the World Health Organization, which Trump moved to withdraw the U.S. from last month, and recently predicted that COVID-19 vaccines will result in “young people dropping dead all over the place.” He attacked the World Economic Forum at length in a recent sermon, accusing it of “taking advantage” of COVID-19 “to implement their satanic plot.”

Berger is also against same-sex marriage, saying “it opens the door to all manner of sexual depravity and wickedness” — though he has said he has “friends who are practicing homosexuals, people I care about.” He opposes homosexuality and “heterosexual sin” in equal measures, he’s said, referring to acts like watching pornography and sex between unmarried adults.

Berger’s operation is organized as a nonprofit called Ambassador Services International, which runs on a budget of around $1 million per year, according to tax filings. The home where it is registered in Washington — and where Johnson has been staying — was purchased in early 2021. Once the home of abolitionist Frederick Douglass and later housing the Smithsonian Museum of African Art, it was advertised at the time as a “four-level Second Empire-style townhouse of impeccable elegance and exceptional scale,” offering “bespoke tranquility in a coveted location.”

The buyer was Crockett Ventures LLC. Corporate filings show its sole owner is Beaman, the donor and businessman, who built a fortune on a chain of car dealerships started by his father. He has given millions to Republican political groups, including large donations to the Trump campaign and political committees for the Heritage Foundation and the House Freedom Caucus. He’s also served as the treasurer of a congressional campaign.

Beaman was once so fed up with the restrictions that came with owning a home on a “government-controlled lake” that he bought a sprawling property with a 50-acre private lake of its own, according to a profile in an architecture book. He became a fixture of Nashville media in recent years because of sordid allegations made by his fourth wife during their divorce, including that he made her watch what he called “training films” of him having sex with a prostitute. Beaman’s lawyers wrote at the time that his wife’s filing contained “impertinent and scandalous matter only meant to harass Mr. Beaman.”

Beaman has attended a Tennessee church that Berger founded, but it’s not clear what role, if any, he plays in the pastor’s influence project in Washington. It’s also unclear whether the pastor’s nonprofit pays for the use of the Capitol Hill townhouse.

Berger came to prominence in his home state as the longtime pastor of Grace Chapel, a large church outside Nashville whose members have included the current governor of the state. In 2021, Berger left the church and he and his wife launched their project in Washington.

He soon began Bible study sessions with senators, representatives and congressional aides, according to the Bergers. Meanwhile, Sarah Berger spent her time “in relationship with and pouring into the lives of congressional wives,” tax filings say.

Steve Berger quickly made connections at the highest levels of the Republican Party.

“Listen, I have confessed things to Steve that I wouldn't normally confess to anyone else,” Mark Meadows, a White House chief of staff in the first Trump administration who remains an important ally of the president, said at a 2023 event with Berger. “We have been praying together, having a Bible study each and every week. Not just me, but several members of Congress.”

A group of congressmen gathered on stage together to speak at the pastor’s 60th-birthday party in October, including Bishop, Rep. Barry Moore, Rep. Andy Ogles and Rep. Warren Davidson. All four are current or former members of the hardline conservative House Freedom Caucus. (None of the four responded to requests for comment.)

Evidence suggests that Bishop also recently lived at the Capitol Hill townhouse. Three neighbors told ProPublica that the FBI visited them this month asking about Bishop, seemingly as part of the background check for his White House job. “They said that address,” said one neighbor, adding that the agent showed a photo of Bishop. “They said: ‘He lived there up to a couple months ago. Do you know him?’”

Trump has nominated Bishop to be deputy director of the Office of Management and Budget, the powerful White House office that recently moved to freeze funding streams across the federal government. Berger celebrated the nomination on Instagram: “I want to congratulate my dear friend and brother, Congressman Dan Bishop, for accepting this incredible opportunity.”

Correction

Feb. 28, 2025: This story originally incorrectly said Steve Berger and Dan Bishop did respond to requests for comment. They did not respond.

Jeff Frankl contributed research.

Do you have any information we should know about Steve Berger or Speaker Mike Johnson? Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383. Justin Elliott can be reached by email at justin@propublica.org and by Signal or WhatsApp at 774-826-6240.

Mole who infiltrated right-wing militias claims he has evidence tying cops to the movement

Reporting Highlights

  • A Freelance Vigilante: A wilderness survival trainer spent years undercover, climbing the ranks of right-wing militias. He didn’t tell police or the FBI. He didn’t tell his family or friends.
  • The Future of Militias: He penetrated a new generation of militia leaders, which included doctors and government attorneys. Experts say that militias could have a renaissance under Donald Trump.
  • A Secret Trove: He sent ProPublica a massive trove of documents. The conversations that he secretly recorded give a unique, startling window into the militia movement.

These highlights were written by the reporters and editors who worked on this story.

John Williams kept a backpack filled with everything he’d need to go on the run: three pairs of socks; a few hundred dollars cash; makeshift disguises and lock-picking gear; medical supplies, vitamins and high-calorie energy gels; and thumb drives that each held more than 100 gigabytes of encrypted documents, which he would quickly distribute if he were about to be arrested or killed.

On April 1, 2023, Williams retrieved the bag from his closet and rushed to his car. He had no time to clean the dishes that had accumulated in his apartment. He did not know if armed men were out looking for him. He did not know if he would ever feel safe to return. He parked his car for the night in the foothills overlooking Salt Lake City and curled up his 6-foot-4-inch frame in the back seat of the 20-year-old Honda. This was his new home.

He turned on a recording app to add an entry to his diary. His voice had the high-pitched rasp of a lifelong smoker: “Where to f------start,” he sighed, taking a deep breath. After more than two years undercover, he’d been growing rash and impulsive. He had feared someone was in danger and tried to warn him, but it backfired. Williams was sure at least one person knew he was a double agent now, he said into his phone. “It’s only a matter of time before it gets back to the rest.”

In the daylight, Williams dropped an envelope with no return address in a U.S. Postal Service mailbox. He’d loaded it with a flash drive and a gold Oath Keepers medallion.

It was addressed to me.

The documents laid out a remarkable odyssey. Posing as an ideological compatriot, Williams had penetrated the top ranks of two of the most prominent right-wing militias in the country. He’d slept in the home of the man who claims to be the new head of the Oath Keepers, rifling through his files in the middle of the night. He’d devised elaborate ruses to gather evidence of militias’ ties to high-ranking law enforcement officials. He’d uncovered secret operations like the surveillance of a young journalist, then improvised ways to sabotage the militants’ schemes. In one group, his ploys were so successful that he became the militia’s top commander in the state of Utah.

Now he was a fugitive. He drove south toward a desert four hours from the city, where he could disappear.

1. Prelude

I’d first heard from Williams five months earlier, when he sent me an intriguing but mysterious anonymous email. “I have been attempting to contact national media and civil rights groups for over a year and been ignored,” it read. “I’m tired of yelling into the void.” He sent it to an array of reporters. I was the only one to respond. I’ve burned a lot of time sating my curiosity about emails like that. I expected my interest to die after a quick call. Instead, I came to occupy a dizzying position as the only person to know the secret Williams had been harboring for almost two years.

We spoke a handful of times over encrypted calls before he fled. He’d been galvanized by the Jan. 6, 2021, storming of the Capitol, Williams told me, when militias like the Oath Keepers conspired to violently overturn the 2020 presidential election. He believed democracy was under siege from groups the FBI has said pose a major domestic terrorism threat. So he infiltrated the militia movement on spec, as a freelance vigilante. He did not tell the police or the FBI. A loner, he did not tell his family or friends.

Williams seemed consumed with how to ensure this wasn’t all a self-destructive, highly dangerous waste of time. He distrusted law enforcement and didn’t want to be an informant, he said. He told me he hoped to damage the movement by someday going public with what he’d learned.

The Capitol riot had been nagging at me too. I’d reported extensively on Jan. 6. I’d sat with families who blamed militias for snatching their loved ones away from them, pulling them into a life of secret meetings and violent plots — or into a jail cell. By the time Williams contacted me, though, the most infamous groups appeared to have largely gone dark. Were militias more enduring, more potent, than it seemed?

Some of what he told me seemed significant. Still, before the package arrived, it could feel like I was corresponding with a shadow. I knew Williams treated deception as an art form. “When you spin a lie,” he once told me, “you have to have things they can verify so they won’t think to ask questions.” While his stories generally seemed precise and sober — always reassuring for a journalist — I needed to proceed with extreme skepticism.

So I pored over his files, tens of thousands of them. They included dozens of hours of conversations he secretly recorded and years of private militia chat logs and videos. I was able to authenticate those through other sources, in and out of the movement. I also talked to dozens of people, from Williams’ friends to other members of his militias. I dug into his tumultuous past and discovered records online he hadn’t pointed me to that supported his account.

The files give a unique window, at once expansive and intimate, into one of the most consequential and volatile social movements of our time. Williams penetrated a new generation of paramilitary leaders, which included doctors, career cops and government attorneys. Sometimes they were frightening, sometimes bumbling, always heavily armed. It was a world where a man would propose assassinating politicians, only to spark a debate about logistics.

Federal prosecutors have convicted more than 1,000 people for their role in Jan. 6. Key militia captains were sent to prison for a decade or more. But that did not quash the allure that militias hold for a broad swath of Americans.

Now President-elect Donald Trump has promised to pardon Jan. 6 rioters when he returns to the White House. Experts warn that such a move could trigger a renaissance for militant extremists, sending them an unprecedented message of protection and support — and making it all the more urgent to understand them.

(Unless otherwise noted, none of the militia members mentioned in this story responded to requests for comment.)

Williams is part of a larger cold war, radical vs. radical, that’s stayed mostly in the shadows. A left-wing activist told me he personally knows about 30 people who’ve gone undercover in militias or white supremacist groups. They did not coordinate with law enforcement, instead taking the surveillance of one of the most intractable features of American politics into their own hands.

Skeptical of authorities, militias have sought to reshape the country through armed action. Williams sought to do it through betrayals and lies, which sat with him uneasily. “I couldn’t have been as successful at this if I wasn’t one of them in some respects,” he once told me. “I couldn’t have done it so long unless they recognized something in me.”

2. The Struggle

If there is one moment that set Williams on his path into the militia underground, it came roughly a decade before Jan. 6, when he was sent to a medium-security prison. He was in his early 30s, drawn to danger and filled with an inner turbulence.

Williams grew up in what he described to me, to friends and in court records as a dysfunctional and unhappy home. He was a gay child in rural America. His father viewed homosexuality as a mortal sin, he said. Williams spent much of his childhood outdoors, bird-watching, camping and trying to spend as little time as possible at home. (John Williams is now his legal name, one he recently acquired.)

Once he was old enough to move out, Williams continued to go off the grid for weeks at a time. Living in a cave interested him; the jobs he’d found at grocery stores and sandwich shops did not. He told me his young adulthood was “a blank space in my life,” a stretch of “petty crime” and falling-outs with old friends. He pled guilty to a series of misdemeanors: trespassing, criminal mischief, assault.

What landed Williams in prison was how he responded to one of those arrests. He sent disturbing, anonymous emails to investigators on the case, threatening their families. Police traced the messages back to him and put him away for three years.

Williams found time to read widely in prison — natural history books, Bertrand Russell, Cormac McCarthy. And it served as a finishing school for a skill that would be crucial in his undercover years. Surviving prison meant learning to maneuver around gang leaders and corrections officers. He learned how to steer conversations to his own benefit without the other person noticing.

When he got out, he had a clear ambition: to become a wilderness survival instructor. He used Facebook to advertise guided hikes in Utah’s Uinta Mountains. An old photo captures Williams looking like a lanky camp counselor as he shows students an edible plant. He sports a thick ponytail and cargo pants, painted toenails poking out from his hiking sandals.

Many people in Utah had turned to wilderness survival after a personal crisis, forming a community of misfits who thrived in environments harsh and remote. Even among them, Williams earned a reputation for putting himself in extreme situations. “Not many people are willing to struggle on their own. He takes that struggle to a high degree,” one friend told me admiringly. Williams took up krav maga and muay thai because he enjoyed fistfights. He once spent 40 days alone in the desert with only a knife, living off chipmunks and currants (by choice, to celebrate a birthday).

Williams struggled to get his survival business going. He’d hand out business cards at hobbyist gatherings with promises of adventure, but in practice, he was mostly leading seminars in city parks for beer money. He would only take calls in emergencies, another friend recalled, because he wanted to save money on minutes.

Then around New Year’s in 2019, according to Williams, he received an email from a leader in American Patriots Three Percent, or AP3. He wanted to hire Williams for a training session. He could pay $1,000.

Finally, Williams thought. I’m starting to get some traction.

3. The Decision

They had agreed there’d be no semiautomatic rifles, Williams told me, so everyone brought a sidearm. Some dozen militiamen had driven into the mountains near Peter Sinks, Utah, one of the coldest places in the contiguous U.S. Initially they wanted training in evasion and escape, Williams said, but he thought they needed to work up to that. So for three days, he taught them the basics of wilderness survival, but with a twist: how to stay alive while “trying to stay hidden.” He showed them how to build a shelter that would both keep them dry and escape detection. How to make a fire, then how to clean it up so no one could tell it was ever there.

As the days wore on, stray comments started to irk him. Once, a man said he’d been “kiked” into overpaying for his Ruger handgun. At the end of the training, AP3 leaders handed out matching patches. The ritual reminded Williams of a biker gang.

He’d already been to some shorter AP3 events to meet the men and tailor the lesson to his first meaningful client, Williams told me. But spending days in the woods with them felt different. He said he found the experience unpleasant and decided not to work with the group again.

This portion of Williams’ story — exactly how and why he first became a militia member — is the hardest to verify. By his own account, he kept his thoughts and plans entirely to himself. At the time, he was too embarrassed to even tell his friends what happened that weekend, he said. In the survival community, training militias was considered taboo.

I couldn’t help but wonder if Williams was hiding a less gallant backstory. Maybe he’d joined AP3 out of genuine enthusiasm and then soured on it. Maybe now he was trying to fool me. Indeed, when I called the AP3 leader who set up the training, he disputed Williams’ timeline. He remembered Williams staying sporadically but consistently involved after the session in the mountains, as a friend of the group who attended two or three events a year. To further muddy the picture, Williams had warned me the man would say something like that — Williams had worked hard to create the impression that he never left, he said, that he’d just gone inactive for a while, busy with work. (Remarkably, the AP3er defended Williams’ loyalty each time I asserted he’d secretly tried to undermine the group. “He was very well-respected,” he said. “I never questioned his honesty or his intentions.”)

Even Williams’ friends told me he was something of a mystery to them. But I found evidence that supports his story where so many loners bare their innermost thoughts: the internet. In 2019 and early 2020, Williams wrote thousands of since-deleted entries in online forums. These posts delivered a snapshot of his worldview in this period: idiosyncratic, erudite and angry with little room for moderation. “There are occasionally militia types that want these skills to further violent fringe agendas and I will absolutely not enable them,” he wrote in one 2020 entry about wilderness survival. In another, he called AP3 and its allies “far right lunatics.” The posts didn’t prove the details of his account, but here was the Williams I knew, writing under pseudonyms long before we’d met.

One day, he’d voice his disdain for Trump voters, neoliberalism or “the capitalist infrastructure.” Another, he’d rail against gun control measures as immoral. When Black Lives Matter protests broke out in 2020, Williams wrote that he was gathering medical supplies for local protestors. He sounded at times like a revolutionary crossed with a left-wing liberal arts student. “The sole job of a cop is to bully citizens on behalf of the state,” he wrote. “Violent overthrow of the state is our only viable option.”

Then came Jan. 6. As he was watching on TV, he later told me, Williams thought he recognized the patch on a rioter’s tactical vest. It looked like the one that AP3 leaders had handed out at the end of his training.

Did I teach that guy? he wondered. Why was I so cordial to them all?If they knew I was gay, I bet they’d want me dead, and I actually helped them. Because I was too selfish to think of anything but my career.

Shame quickly turned to anger, he told me, and to a desire for revenge. Pundits were saying that democracy itself was in mortal peril. Williams took that notion literally. He assumed countless Americans would respond with aggressive action, he said, and he wanted to be among them.

4. A New World

Williams stood alone in his apartment, watching himself in the mirror.

“I’m tall.”

“I’m Dave.”

“I’m tall.”

“I’m Dave.”

He tried to focus on his mannerisms, on the intonation of his voice. Whether he was saying the truth or a falsehood, he wanted to appear exactly the same.

Months had passed since the Capitol riot. By all appearances, Williams was now an enthusiastic member of AP3. Because he already had an in, joining the group was easy, he said. Becoming a self-fashioned spy took some trial and error, however. In the early days, he had posed as a homeless person to surveil militia training facilities, but he decided that was a waste of time.

The casual deceit that had served him in prison was proving useful. Deviousness was a skill, and he stayed up late working to hone it. He kept a journal with every lie he told so he wouldn’t lose track. His syllabus centered on acting exercises and the history of espionage and cults. People like sex cult leader Keith Raniere impressed him most — he studied biographies to learn how they manipulated people, how they used cruelty to wear their followers down into acquiescence.

Williams regularly berated the militia’s rank and file. He doled out condescending advice about the group’s security weaknesses, warning their technical incompetence would make them easy targets for left-wing hackers and government snoops. Orion Rollins, the militia’s top leader in Utah, soon messaged Williams to thank him for the guidance. “Don’t worry about being a dick,” he wrote. “It’s time to learn and become as untraceable as possible.” (The AP3 messages Williams sent me were so voluminous that I spent an entire month reading them before I noticed this exchange.)

Williams was entering the militia at a pivotal time. AP3 once had chapters in nearly every state, with a roster likely in the tens of thousands; as authorities cracked down on the movement after Jan. 6, membership was plummeting. Some who stayed on had white nationalist ties. Others were just lonely conservatives who had found purpose in the paramilitary cause. For now, the group’s leaders were focused on saving the militia, not taking up arms to fight their enemies. (Thanks to Williams’ trove and records from several other sources, I was eventually able to write an investigation into AP3’s resurgence.)

On March 4, 2021, Williams complained to Rollins that everyone was still ignoring his advice. Williams volunteered to take over as the state’s “intel officer,” responsible for protecting the group from outside scrutiny.

“My hands are tied,” Williams wrote. “If I’m not able to” take charge, the whole militia “might unravel.” Rollins gave him the promotion.

“Thanks Orion. You’ve shown good initiative here.” Privately, he saw a special advantage to his appointment. If anyone suspected there was a mole in Utah, Williams would be the natural choice to lead the mole hunt.

Now he had a leadership role. What he did not yet have was a plan. But how could he decide on goals, he figured, until he knew more about AP3? He would work to gather information and rise through the ranks by being the best militia member he could be.

He took note of the job titles of leaders he met, like an Air Force reserve master sergeant (I confirmed this through military records) who recruited other airmen into the movement. Williams attended paramilitary trainings, where the group practiced ambushes with improvised explosives and semiautomatic guns. He offered his comrades free lessons in hand-to-hand combat and bonded with them in the backcountry hunting jackrabbits. When the militia joined right-wing rallies for causes like gun rights, they went in tactical gear. Williams attended as their “gray man,” he said — assigned to blend in with the crowd and call in armed reinforcements if tensions erupted.

Since his work was seasonal, Williams could spend as much as 40 hours a week on militia activities. One of his duties as intel officer was to monitor the group’s enemies on the left, which could induce vertigo. A militia leader once dispatched him to a Democratic Socialists of America meeting at a local library, he said, where he saw a Proud Boy he recognized from a joint militia training. Was this a closet right-winger keeping tabs on the socialists? Or a closet leftist who might dox him or inform the police?

He first contacted me in October 2022. He couldn’t see how the movement was changing beyond his corner of Utah. AP3 was reinvigorated by then, I later found, with as many as 50 recruits applying each day. In private chats I reviewed, leaders were debating if they should commit acts of terrorism. At the Texas border, members were rounding up immigrants in armed patrols. But Williams didn’t know all that yet. On our first call, he launched into a litany of minutiae: names, logistical details, allegations of minor players committing petty crimes. He could tell I wasn’t sure what it all amounted to.

Williams feared that if anything he’d helped AP3, not damaged it. Then, in early November, Rollins told him to contact a retired detective named Bobby Kinch.

5. The Detective and the Sheriff

Williams turned on a recording device and dialed. Kinch picked up after one ring: “What’s going on?” he bellowed. “How you doing, man?”

“I don’t know if you remember me,” Kinch continued, but they’d met years before.

“Oh, oh, back in the day,” Williams said, stuttering for a second. He knew Kinch was expecting the call but was confused by the warm reception. Maybe Kinch was at the training in 2019?

“Well I’m the sitting, current national director of the Oath Keepers now.”

The militia’s eye-patched founder, Stewart Rhodes, was in jail amid his trial for conspiring to overthrow the government on Jan. 6. Kinch said he was serving on the group’s national board when his predecessor was arrested. Rhodes had called from jail to say, “Do not worry about me. This is God’s way.”

“He goes, ‘But I want you to save the organization.’”

Kinch explained that Rollins, who’d recently defected to the Oath Keepers, had been singing Williams’ praises. (Bound by shared ideology, militias are more porous than outsiders would think. Members often cycle between groups like square dance partners.) “I imagine your plate is full with all the crazy stuff going on in the world, but I’d love to sit down.”

“Yeah, yeah,” Williams said. “AP3 and Oath Keepers should definitely be working together.” He proposed forming a joint reconnaissance team so their two militias could collaborate on intelligence operations. Kinch lit up. “I’m a career cop,” he said. “I did a lot of covert stuff, surveillance.”

By the time they hung up 45 minutes later, Kinch had invited Williams to come stay at his home. Williams felt impressed with himself. The head of the most infamous militia in America was treating him like an old friend.

To me, Williams sounded like a different person on the call, with the same voice but a brand new personality. It was the first recording that I listened to and the first time I became certain the most important part of his story was true. To authenticate the record, I independently confirmed nonpublic details Kinch discussed on the tape, a process I repeated again and again with the other files. Soon I had proof of what would otherwise seem outlandish: Williams’ access was just as deep as he claimed.

I could see why people would be eager to follow Kinch. Even when he sermonized on the “global elitist cabal,” he spoke with the affable passion of a beloved high school teacher. I’d long been fascinated by the prevalence of cops on militia rosters, so I started examining his backstory.

Kinch grew up in upstate New York, the son of a World War II veteran who had him at about 50. When Kinch was young, he confided in a later recording, he was a “wheelman,” slang for getaway driver. “I ran from the cops so many f------ times,” he said. But “at the end of the day, you know, I got away. I never got caught.”

He moved to Las Vegas and, at the age of 25, became an officer in the metro police. Kinch came to serve in elite detective units over 23 years in the force, hunting fugitives and helping take down gangs like the Playboy Bloods. Eventually he was assigned to what he called the “Black squad,” according to court records, tasked with investigating violent crimes where the suspect was African American. (A Las Vegas police spokesperson told me they stopped “dividing squads by a suspect’s race” a year before Kinch retired.)

Then around Christmas in 2013, Kinch’s career began to self-destruct. In a series of Facebook posts, he said that he would welcome a “race war.” “Bring it!” he wrote. “I’m about as fed up as a man (American, Christian, White, Heterosexual) can get!” An ensuing investigation prompted the department to tell the Secret Service that Kinch “could be a threat to the president,” according to the Las Vegas Sun. (The Secret Service interviewed him and determined he was not a threat to President Barack Obama, the outlet reported. Kinch told the paper he was not racist and that he was being targeted by colleagues with “an ax to grind.”) In 2016, he turned in his badge, a year after the saga broke in the local press.

Kinch moved to southern Utah and found a job hawking hunting gear at a Sportsman’s Warehouse. But he “had this urge,” he later said on a right-wing podcast. “Like I wasn’t done yet.” So he joined the Oath Keepers. “When people tell me that violence doesn’t solve anything, I look back over my police career,” he once advised his followers. “And I’m like, ‘Wow, that’s interesting, because violence did solve quite a bit.’”

Kinch added Williams to an encrypted Signal channel where the Utah Oath Keepers coordinated their intel work. Two weeks later on Nov. 30, 2022, Williams received a cryptic message from David Coates, one of Kinch’s top deputies.

Coates was an elder statesman of sorts in the Oath Keepers, a 73-year-old Vietnam veteran with a Hulk Hogan mustache. There’d been a break-in at the Utah attorney general’s office, he reported to the group, and for some unspoken reason, the Oath Keepers seemed to think this was of direct relevance to them. Coates promised to find out more about the burglary: “The Sheriff should have some answers” to “my inquiries today or tomorrow.”

That last line would come to obsess Williams. He sent a long, made-up note about his own experiences collaborating with law enforcement officials. “I’m curious, how responsive is the Sheriff to your inquiries? Or do you have a source you work with?”

“The Sheriff has become a personal friend who hosted my FBI interview,” Coates responded. “He opens a lot of doors.” Coates had been in D.C. on Jan. 6, he’d told Williams. It’d make sense if that had piqued the FBI’s interest.

To Williams, it hinted at a more menacing scenario — at secret ties between those who threaten the rule of the law and those duty-bound to enforce it. He desperately wanted more details, more context, the sheriff’s name. But he didn’t want to push for too much too fast.

6. The Hunting of Man

A forest engulfed Kinch’s house on all sides. He lived in a half-million-dollar cabin in summer home country, up 8,000 feet in the mountains outside Zion National Park. Williams stood in the kitchen on a mid-December Saturday morning.

Williams had recently made a secret purchase of a small black device off Amazon. It looked like a USB drive. The on-off switch and microphone holes revealed what it really was: a bug. As the two men chatted over cups of cannoli-flavored coffee, Williams didn’t notice when Kinch’s dog snatched the bug from his bag.

The night before, Williams had slept in the guest room. The house was cluttered with semiautomatic rifles. He had risked photographing three plaques on the walls inscribed with the same Ernest Hemingway line. “There is no hunting like the hunting of man,” they read. “Those who have hunted armed men long enough and liked it, never really care for anything else.”

They spotted the dog at the same time. The bug was attached to a charging device. The animal was running around with it like it was a tennis ball. As Kinch went to retrieve it, Williams felt panic grip his chest. Could anyone talk their way out of this? He’d learned enough about Kinch to be terrified of his rage. Looking around, Williams eyed his host’s handgun on the kitchen counter.

If he even starts to examine it, I’ll grab the gun, he thought. Then I’ll shoot him and flee into the woods.

Kinch took the bug from the dog’s mouth. Then he handed it right to Williams and started to apologize.

Don’t worry about it, Williams said. He’s a puppy!

On their way out the door, Kinch grabbed the pistol and placed it in the console of his truck. It was an hour’s drive to the nearest city, where the Oath Keepers were holding a leadership meeting. Williams rode shotgun, his bug hooked onto the zipper of his backpack. On the tape, I could hear the wind racing through the car window. The radio played Bryan Adams’ “Summer of ’69.”

Kinch seemed in the hold of a dark nostalgia — as if he was wrestling with the monotony of civilian life, with the new strictures he faced since turning in his badge. Twenty minutes in, he recited the Hemingway line like it was a mantra. “I have a harder time killing animals than a human being,” Kinch continued. Then he grew quiet as he recounted the night he decided to retire.

He’d woken up in an oleander bush with no memory of how he’d gotten there. His hands were covered in blood. He was holding a gun. “I had to literally take my magazine out and count my bullets, make sure I didn’t f------ kill somebody,” he said. “I black out when I get angry. And I don’t remember what the fuck I did.”

Kinch went on: “I love the adrenaline of police work,” and then he paused. “I miss it. It was a hoot.”

By the time they reached Cedar City, Utah, Kinch was back to charismatic form. He dished out compliments to the dozen or so Oath Keepers assembled for the meeting — “You look like you lost weight” — and told everyone to put their phones in their cars. “It’s just good practice. Because at some point we may have to go down a route,” one of his deputies explained, trailing off.

Kinch introduced Williams to the group. “He’s not the feds. And if he is, he’s doing a damn good job.”

Williams laughed, a little too loud.

7. Doctor, Lawyer, Sergeant, Spy

Early in the meeting, Kinch laid out his vision for the Oath Keepers’ role in American life. “We have a two-edged sword,” he said. The “dull edge” was more traditional grassroots work, exemplified by efforts to combat alleged election fraud. He hoped to build their political apparatus so that in five or 10 years, conservative candidates would be seeking the Oath Keepers’ endorsement.

Then there was the sharp edge: paramilitary training. “You hone all these skills because when the dull edge fails, you’ve got to be able to turn that around and be sharp.” The room smelled like donuts, one of the men had remarked.

The week before, Kinch’s predecessor had been convicted of seditious conspiracy. This was their first meeting since the verdict, and I opened the recordings later with the same anticipation I feel sitting down for the Super Bowl. What would come next for the militia after this historic trial: ruin, recovery or revolt?

The stature of men leading the group’s post-Jan. 6 resurrection startled me. I was expecting the ex-cops, like the one from Fresno, California, who said he stayed on with the militia because “this defines me.” Militias tend to prize law enforcement ties; during an armed operation, it could be useful to have police see you as a friend.

But there was also an Ohio OB-GYN on the national board of directors — he used to work for the Cleveland Clinic, I discovered, and now led a subsidiary of UnitedHealth Group. The doctor was joined at board meetings by a city prosecutor in Utah, an ex-city council member and, Williams was later told, a sergeant with an Illinois sheriff’s department. (The doctor did not respond to requests for comment. He has since left his post with the UnitedHealth subsidiary, a spokesperson for the company said.)

Over six hours, the men set goals and delegated responsibilities with surprisingly little worry about the federal crackdown on militias. They discussed the scourges they were there to combat (stolen elections, drag shows, President Joe Biden) only in asides. Instead, they focused on “marketing” — “So what buzzwords can we insert in our mission statement?” one asked — and on resources that’d help local chapters rapidly expand. “I’d like to see this organization be like the McDonald’s of patriot organizations,” another added. To Williams, it felt more like a Verizon sales meeting than an insurrectionist cell.

Kinch had only recently taken over and as I listened, I wondered how many followers he really had outside of that room. They hadn’t had a recruitment drive in the past year, which they resolved to change. They had $1,700 in the bank. But it didn’t seem entirely bravado. Kinch and his comrades mentioned conversations with chapters around the county.

Then as they turned from their weakened national presence to their recent successes in Utah, Williams snapped to attention.

“We had surveillance operations,” Kinch said, without elaboration.

“We’re making progress locally on the law enforcement,” Coates added. He said that at least three of them can get “the sheriff” on the phone any time of day. Like the last time, Coates didn’t give a name, but he said something even more intriguing: “The sheriff is my tie-in to the state attorney general because he’s friends.” Williams told me he fought the urge to lob a question. (The attorney general’s office did not respond to requests for comment.)

Closing out the day, Kinch summarized their plan moving forward: Keep a low profile. Focus on the unglamorous work. Rebuild their national footprint. And patiently prepare for 2024. “We still got what, two more years, till another quote unquote election?” He thanked Williams for coming and asked if they could start planning training exercises.

“Absolutely, yeah, I’m excited about that.” Williams was resolved to find his way onto the national board.

8. The Stakeout

On Dec. 17, 2022, a week after the meeting, Williams called a tech-savvy 19-year-old Oath Keeper named Rowan. He’d told Rowan he was going to teach him to infiltrate leftist groups, but Williams’ real goal was far more underhanded. While the older Oath Keepers had demurred at his most sensitive questions recently, the teenager seemed eager to impress a grizzled survival instructor. By assigning missions to Rowan, he hoped to probe the militias’ secrets without casting suspicion on himself.

“You don’t quite have the life experience to do this,” Williams opened on the recording. But with a couple years’ training, “I think we can work towards that goal.” He assigned his student a scholarly monograph, “Alienation: Marx’s Conception of Man in a Capitalist Society,” to begin his long education in how leftists think. “Perfect,” Rowan responded. He paused to write the title down.

Then came his pupil’s first exercise: build a dossier on Williams’ boss in AP3. Williams explained it was safest to practice on people they knew.

In Rowan, Williams had found a particularly vulnerable target. He was on probation at the time. According to court records, earlier that year, Rowan had walked up to a stranger’s truck as she was leaving her driveway. She rolled down her window. He punched her several times in the face. When police arrived, Rowan began screaming that he was going to kill them and threatened to “blow up the police department.” He was convicted of misdemeanor assault.

Williams felt guilty about using the young man but also excited. (“He is completely in my palm,” he recorded in his diary.) Within a few weeks, he had Rowan digging into Kinch’s background. “I’m going to gradually have him do more and more things,” he said in the diary, “with the hopes that I can eventually get him to hack” into militia leaders’ accounts.

The relationship quickly unearthed something that disturbed him. The week of their call, Williams woke up to a series of angry messages in the Oath Keepers’ encrypted Signal channel. The ire was directed toward a Salt Lake Tribune reporter who, according to Coates, was “a real piece of shit.” His sins included critical coverage of “anyone trying to expose voter fraud” and writing about a local political figure who’d appeared on a leaked Oath Keepers roster.

Williams messaged Rowan. “I noticed in the chat that there is some kind of red list of journalists etc? Could you get that to me?” he asked. “It would be very helpful to my safety when observing political rallies or infiltrating leftists.”

“Ah yes, i have doxes on many journalists in utah,” Rowan responded, using slang for sharing someone’s personal data with malicious intent.

He sent over a dossier on the Tribune reporter, which opened with a brief manifesto: “This dox goes out to those that have been terrorized, doxed, harassed, slandered, and family names mutilated by these people.” It provided the reporter’s address and phone number, along with two pictures of his house.

Then Rowan shared similar documents about a local film critic — he’d posted a “snarky” retweet of the Tribune writer — and about a student reporter at Southern Utah University. The college student had covered a rally the Oath Keepers recently attended, Rowan explained, and the militia believed he was coordinating with the Tribune. “We found the car he drove through a few other members that did a stakeout.”

“That’s awesome,” Williams said. Internally, he was reeling: a stakeout? In the dossier, he found a backgrounder on the student’s parents along with their address. Had armed men followed this kid around? Did they surveil his family home?

His notes show him wrestling with a decision he hadn’t let himself reckon with before: Was it time to stop being a fly on the wall and start taking action? Did he need to warn someone? The journalists? The police? Breaking character would open the door to disaster. The incident with Kinch’s dog had been a chilling reminder of the risks.

Williams had been in the militia too long. He was losing his sense of objectivity. The messages were alarming, but were they an imminent threat? He couldn’t tell. Williams had made plans to leave Utah if his cover was blown. He didn’t want to jeopardize two years of effort over a false alarm. But what if he did nothing and this kid got hurt?

9. The Plan

By 2023, Williams’ responsibilities were expanding as rapidly as his anxiety. His schedule was packed with events for AP3, the Oath Keepers and a third militia he’d recently gotten inside. He vowed to infiltrate the Proud Boys and got Coates to vouch for him with the local chapter. He prepared plans to penetrate a notorious white supremacist group too.

His adversaries were gaining momentum as well. Williams soon made the four-hour drive to Kinch’s house for another leadership meeting and was told on tape about a national Oath Keepers recruiting bump; they’d also found contact information for 40,000 former members, which they hoped to use to bring a flood of militiamen back into the fold.

Despite the risk to his own safety and progress, Williams decided to send the journalists anonymous warnings from burner accounts. He attached sensitive screenshots so that they’d take him seriously. And then … nothing. The reporters never responded; he wondered if the messages went to spam. His secret was still secure.

But the point of his mission was finally coming into focus. He was done simply playing the part of model militia member. His plan had two parts: After gathering as much compromising information as he could, he would someday release it all online, he told me. He carefully documented anything that looked legally questionable, hoping law enforcement would find something useful for a criminal case. At the very least, going public could make militiamen more suspicious of each other.

In the meantime, he would undermine the movement from the inside. He began trying to blunt the danger that he saw lurking in every volatile situation the militiamen put themselves in.

On Jan. 27, 2023, body camera footage from the police killing of Tyre Nichols, an unarmed Black man, became public. “The footage is gruesome and distressing,” The New York Times reported. “Cities across the U.S. are bracing for protests.” The militias had often responded to Black Lives Matter rallies with street brawls and armed patrols.

Williams had visions of Kyle Rittenhouse-esque shootings in the streets. He put his newly formulated strategy into action, sending messages to militiamen around the country with made-up rumors he hoped would persuade them to stay home.

In Utah, he wrote to Kinch and the leaders of his other two militias. He would be undercover at the protests in Salt Lake City, he wrote. If any militiamen went, even “a brief look of recognition could blow my cover and put my life in danger.” All three ordered their troops to avoid the event. (“This is a bit of a bummer,” one AP3 member responded. “I’ve got some aggression built up I need to let out.”)

After the protests, Williams turned on his voice diary and let out a long sigh. For weeks, he’d been nauseous and had trouble eating. He’d developed insomnia that would keep him up until dawn. He’d gone to the rally to watch for militia activity. When he got home, he’d vomited blood.

Even grocery shopping took hours now. He circled the aisles to check if he was being tailed. Once while driving, he thought he caught someone following him. He’d reached out to a therapist to help “relieve some of this pressure,” he said, but was afraid to speak candidly with him. “I can check his office for bugs and get his electronics out of the office. And then once we’re free, I can tell him what’s going on.”

He quickly launched into a litany of items on his to-do list. A training exercise to attend. A recording device he needed to find a way to install. “I’m just f------- sick of being around these toxic motherf-------.”

“It’s getting to be too much for me.”

10. The Deep State

On March 20, Williams called Scot Seddon, the founder of AP3. If he was on the verge of a breakdown, it didn’t impact his performance. I could tell when Williams was trying to advance his agenda as I listened later, but he was subtle about it. Obsequious. Methodical. By day’s end, he’d achieved perhaps his most remarkable feat yet. He’d helped persuade Seddon and his lieutenants to fire the head of AP3’s Utah chapter and to install Williams in his place.

Now he had access to sensitive records only senior militia leaders could see. He had final say over the group’s actions in an entire state. He knew the coup would make him vastly more effective. Yet that night in his voice diary, Williams sounded like a man in despair.

The success only added to his paranoia. Becoming a major figure in the Utah militia scene raised a possibility he couldn’t countenance: He might be arrested and sent to jail for some action of his comrades.

With a sense of urgency now, he focused even more intently on militia ties to government authorities. “I have been still collecting evidence on the paramilitaries’ use of law enforcement,” he said in the diary entry. “It’s way deeper than I thought.”

He solved the mystery of the Oath Keepers’ “sheriff”: It was the sheriff for Iron County, Utah, a tourist hub near two national parks. He assigned Rowan to dig deeper into the official’s ties with the movement and come back with emails or text messages. (In a recent interview, the sheriff told me that he declined an offer to join the Oath Keepers but that he’s known “quite a few” members and thinks “they’re generally good people.” Coates has periodically contacted him about issues like firearms rules that Coates believes are unconstitutional, the sheriff said. “If I agree, I contact the attorney general’s office.”)

Claiming to work on “a communication strategy for reaching out to law enforcement,” Williams then goaded AP3 members into bragging about their police connections. They told him about their ties with high-ranking officers in Missouri and in Louisiana, in Texas and in Tennessee.

The revelations terrified him. “When this gets out, I think I’m probably going to flee overseas,” he said in his diary. “They have too many connections.” What if a cop ally helped militants track him down? “I don’t think I can safely stay within the United States.”

Four days later, he tuned into a Zoom seminar put on by a fellow AP3 leader. It was a rambling and sparsely attended meeting. But 45 minutes in, a woman brought up an issue in her Virginia hometown, population 23,000.

The town’s vice mayor, a proud election denier, was under fire for a homophobic remark. She believed a local reporter covering the controversy was leading a secret far-left plot. What’s more, the reporter happened to be her neighbor. To intimidate her, she said, he’d been leaving dead animals on her lawn.

“I think I have to settle a score with this guy,” she concluded. “They’re getting down to deep state local level and it’s got to be stopped.” After the call, Williams went to turn off his recording device. “Well, that was f------ insane,” he said aloud.

He soon reached out to the woman to offer his advice. Maybe he could talk her down, Williams thought, or at least determine what she meant by settling a score. But she wasn’t interested in speaking with him. So again he faced a choice: do nothing or risk his cover being blown. He finally came to the same conclusion he had the last time he’d feared journalists were in jeopardy. On March 31, he sent an anonymous warning.

“Because she is a member of a right wing militia group and is heavily armed, I wanted to let you know,” Williams wrote to the reporter. “I believe her to be severely mentally ill and I believe her to be dangerous. For my own safety, I cannot reveal more.”

He saw the article the next morning. The journalist had published 500 words about the disturbing email he’d gotten, complete with a screenshot of Williams’ entire note. Only a few people had joined that meandering call. Surely only Williams pestered the woman about it afterwards. There could be little doubt that he was the mole.

He pulled the go bag from his closet and fled. A few days later, while on the run, Williams recorded the final entries in his diary. Amid the upheaval, he sounded surprised to feel a sense of relief: “I see the light at the end of the tunnel for the first time in two and a half years.”

Coda: Project 2025

It was seven days before the 2024 presidential election. Williams had insisted I not bring my phone, on the off chance my movements were being tracked. We were finally meeting for the first time, in a city that he asked me not to disclose. He entered the cramped hotel room wearing a camo hat, hiking shoes and a “Spy vs. Spy” comic strip T-shirt. “Did you pick the shirt to match the occasion?” I asked. He laughed. “Sometimes I can’t help myself.”

We talked for days, with Williams splayed across a Best Western office chair beside the queen bed. He evoked an aging computer programmer with 100 pounds of muscle attached, and he seemed calmer than on the phone, endearingly offbeat. The vision he laid out — of his own future and of the country’s — was severe.

After he dropped everything and went underground, Williams spent a few weeks in the desert. He threw his phone in a river, flushed documents down the toilet and switched apartments when he returned to civilization. At first, he spent every night by the door ready for an attack; if anyone found him and ambushed him, it’d happen after dark, he figured. No one ever came, and he began to question if he’d needed to flee at all. The insomnia of his undercover years finally abated. He began to sketch out the rest of his life.

Initially, he hoped to connect with lawmakers in Washington, helping them craft legislation to combat the militia movement. By last summer, those ambitions had waned. Over time, he began to wrestle with his gift for deceiving people who trusted him. “I don’t necessarily like what it says about me that I have a talent for this,” he said.

To me, it seemed that the ordeal might be starting to change him. He’d become less precise in consistently adhering to the facts in recent weeks, I thought, more grandiose in his account of his own saga. But then for long stretches, he’d speak with the same introspection and attention to detail that he showed on our first calls. His obsession with keeping the Tyre Nichols protestors safe was myopic, he told me, a case of forgetting the big picture to quash the few dangers he could control.

Williams believes extremists will try to murder him after this story is published. And if they fail, he thinks he’ll “live to see the United States cease to exist.” He identifies with the violent abolitionist John Brown, who tried to start a slave revolt two years before the American Civil War and was executed. Williams thinks he himself may not be seen as such a radical soon, he told me. “I wonder if I’m maybe a little too early.”

I’d thought Williams was considering a return to a quiet life. Our two intense years together had been a strain sometimes even for me. But in the hotel room, he explained his plans for future operations against militias: “Until they kill me, this is what I’m doing.” He hopes to inspire others to follow in his footsteps and even start his own vigilante collective, running his own “agents” inside the far right.

In August, I published my investigation into AP3. (I used his records but did not otherwise rely on Williams as an anonymous source.) It was a way of starting to lay out what I’d learned since his first email: what’s driving the growth of militias, how they keep such a wide range of people united, the dangerous exploits that they’ve managed to keep out of public view.

Two months later, Williams published an anonymous essay. He revealed that he’d infiltrated the group as an “independent activist” and had sent me files. He wanted to test how the militia would respond to news of a mole.

The result was something he long had hoped for: a wave of paranoia inside AP3. “It’s a f------ risky thing we get involved in,” Seddon, the group’s founder, said in a private message. “F------ trust nobody. There’s f------ turncoats everywhere.” (Seddon declined to comment for this story. He then sent a short follow-up email: “MAGA.”)

Sowing that distrust is why Williams is going on the record, albeit without his original name. He still plans to release thousands of files after this article is published — evidence tying sheriffs and police officers to the movement, his proudest coup, plus other records he hopes could become ammo for lawsuits. But Williams wants to let his former comrades know “a faggot is doing this to them.” He thinks his story could be his most effective weapon.

Every time militia members make a phone call, attend a meeting or go to a gun range together, he wants them “to be thinking, in the back of their heads, ‘This guy will betray me.’”

Newly unearthed documents: Clarence Thomas’ private financial problems sparked fears he would resign

A “Delicate Matter”: Clarence Thomas’ Private Complaints About Money Sparked Fears He Would Resign

by Justin Elliott, Joshua Kaplan, Alex Mierjeski and Brett Murphy

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: Friends of the Court:SCOTUS Justices’ Beneficial Relationships With Billionaire Donors

Supreme Court Justice Clarence Thomas’ decadeslong friendship with real estate tycoon Harlan Crow and Samuel Alito’s luxury travel with billionaire Paul Singer have raised questions about influence and ethics at the nation's highest court.

In early January 2000, Supreme Court Justice Clarence Thomas was at a five-star beach resort in Sea Island, Georgia, hundreds of thousands of dollars in debt.

After almost a decade on the court, Thomas had grown frustrated with his financial situation, according to friends. He had recently started raising his young grandnephew, and Thomas’ wife was soliciting advice on how to handle the new expenses. The month before, the justice had borrowed $267,000 from a friend to buy a high-end RV.

At the resort, Thomas gave a speech at an off-the-record conservative conference. He found himself seated next to a Republican member of Congress on the flight home. The two men talked, and the lawmaker left the conversation worried that Thomas might resign.

Congress should give Supreme Court justices a pay raise, Thomas told him. If lawmakers didn’t act, “one or more justices will leave soon” — maybe in the next year.

At the time, Thomas’ salary was $173,600, equivalent to over $300,000 today. But he was one of the least wealthy members of the court, and on multiple occasions in that period, he pushed for ways to make more money. In other private conversations, Thomas repeatedly talked about removing a ban on justices giving paid speeches.

Thomas’ efforts were described in records from the time obtained by ProPublica, including a confidential memo to Chief Justice William Rehnquist from a top judiciary official seeking guidance on what he termed a “delicate matter.”

The documents, as well as interviews, offer insight into how Thomas was talking about his finances in a crucial period in his tenure, just as he was developing his relationships with a set of wealthy benefactors.

Congress never lifted the ban on speaking fees or gave the justices a major raise. But in the years that followed, as ProPublica has reported, Thomas accepted a stream of gifts from friends and acquaintances that appears to be unparalleled in the modern history of the Supreme Court. Some defrayed living expenses large and small — private school tuition, vehicle batteries, tires. Other gifts from a coterie of ultrarich men supplemented his lifestyle, such as free international vacations on the private jet and superyacht of Dallas real estate billionaire Harlan Crow.

Precisely what led so many people to offer Thomas money and other gifts remains an open question. There’s no evidence the justice ever raised the specter of resigning with Crow or his other wealthy benefactors.

George Priest, a Yale Law School professor who has vacationed with Thomas and Crow, told ProPublica he believes Crow’s generosity was not intended to influence Thomas’ views but rather to make his life more comfortable. “He views Thomas as a Supreme Court justice as having a limited salary,” Priest said. “So he provides benefits for him.”

Thomas and Crow didn’t respond to questions for this story. Crow, a major Republican donor, has not had cases at the Supreme Court since Thomas joined it and has previously said Thomas is a dear friend. David Sokol, a conservative financier who has taken Thomas on vacation on a private jet, said in a statement that he and Thomas had never discussed the justice’s finances or when he might retire.

Thomas’ comments in 2000 were to Florida Rep. Cliff Stearns, a vocal conservative who’d been in Congress for 11 years and occasionally socialized with the justice. They set off a flurry of activity across the judiciary and Capitol Hill. “His importance as a conservative was paramount,” Stearns said in a recent interview. “We wanted to make sure he felt comfortable in his job and he was being paid properly.”

There’s an often-criticized dynamic surrounding most important jobs in the federal government: The posts pay far less than comparable jobs in the private sector, but officials can cash in once they leave. Ex-regulators sell advice to the regulated. Generals retire to join military contractors. Former senators get jobs lobbying Congress.

But there is no revolving-door payday waiting on the other side of a lifetime appointment to the Supreme Court. Justices generally stay on the bench past their 80th birthday, if not until death. In 2000, justices were paid more than cabinet secretaries or members of Congress, and far more than the average American. Still, judges’ salaries were not keeping pace with inflation, a source of ire throughout the federal judiciary. Young associates at top law firms made more than Supreme Court justices, while partners at the firms could earn millions a year.

Some of Thomas’ colleagues were extremely wealthy — Justice Ruth Bader Ginsburg was married to a high-paid tax lawyer and Justice Stephen Breyer to the daughter of a wealthy British lord. Thomas did not come from money. When he was appointed to the court in 1991, he was 43 years old and had spent almost all his adult life working for the government. At the time, he still had student loans from law school, Thomas has said.

The full details of Thomas’ finances over the years remain unclear. He made at least two big purchases around the early ’90s: a Corvette and a house in the Virginia suburbs on 5 acres of land. When Thomas and his wife, Ginni, bought the home for $522,000 a year after he joined the court, they borrowed all but $8,000, less than 2% of the purchase price, property records show.

Public records suggest a degree of financial strain. Throughout the first decade of his tenure, the couple regularly borrowed more money, including a $100,000 credit line on their house and a consumer loan of up to $50,000. Around January 1998, Thomas’ life changed when he took in his 6-year-old grandnephew, becoming his legal guardian and raising him as a son. The Thomases sent the child to a series of private schools.

In early January 2000, Thomas took the trip to the Georgia beach resort. Thomas was there to deliver a keynote speech at Awakening, a “conservative thought weekend” featuring golf, shooting lessons and aromatherapy along with panel discussions with businessmen and elected officials. (A founder and organizer of the annual event, Ernest Taylor, told ProPublica that Thomas’ trip was paid for by the organization. Thomas reported 11 free trips that year on his annual financial disclosure, mostly to colleges and universities, but did not disclose attending the conservative conference, an apparent violation of federal disclosure law.)

On a commercial flight back from Awakening, Thomas brought up the prospect of justices resigning to Stearns, the Republican lawmaker. Worried, Stearns wrote a letter to Thomas after the flight promising “to look into a bill to raise the salaries of members of The Supreme Court.”

“As we agreed, it is worth a lot to Americans to have the constitution properly interpreted,” Stearns wrote. “We must have the proper incentives here, too.”

Stearns’ office soon sought help from a lobbying firm working on the issue, and he delivered a speech on the House floor about judges’ salaries getting eroded by inflation. Thomas’ warning about resignations was relayed at a meeting of the heads of several judges’ associations. L. Ralph Mecham, then the judiciary’s top administrative official, fired off the memo describing Thomas’ complaints to Rehnquist, his boss.

“I understand that Justice Thomas clearly told him that in his view departures would occur within the next year or so,” Mecham wrote of Thomas’ conversation with Stearns. Mecham worried that “from a tactical point of view,” congressional Democrats might oppose a raise if they sensed “the apparent purpose is to keep Justices [Antonin] Scalia and Thomas on the Court.” (Scalia had nine children and was also one of the less wealthy justices. Scalia, Mecham and Rehnquist have since died.)

It’s not clear if Rehnquist ever responded. Several months later, Rehnquist focused his annual year-end report on what he called “the most pressing issue facing the Judiciary: the need to increase judicial salaries.”

Several people close to Thomas told ProPublica they believed that it was implausible the justice would ever retire early, and that he may have exaggerated his concerns to bolster the case for a raise. But around 2000, chatter that Thomas was dissatisfied about money circulated through conservative legal circles and on Capitol Hill, according to interviews with prominent attorneys, former members of Congress and Thomas’ friends. “It was clear he was unhappy with his financial situation and his salary,” one friend said.

Former Sen. Trent Lott, then the Republican Senate majority leader, recalled in a recent interview that there were serious concerns at the time that Thomas or other justices would leave.

The public received hardly a hint that such conversations about Thomas were unfolding in Washington. Thomas did once allude to government salaries, in a 2001 speech praising the value of public service. “The job is not worth doing for what they pay. It’s not worth doing for the grief,” he said. “But it is worth doing for the principle.”

Around that time, Thomas was also pushing to allow justices to make paid speeches — a source of income that had been banned in the 1980s. On several occasions, Thomas discussed lifting the ban with appellate Judge David Hansen, who chaired the judiciary’s committee responsible for lobbying Congress on issues like pay, according to Mecham’s memo.

At Sen. Mitch McConnell’s request, a provision removing the ban for judges was quietly inserted into a spending bill in mid-2000. Why McConnell made the proposal became a subject of scrutiny in the legal press. After the Legal Times reported the measure had been dubbed the “Keep Scalia on the Court” bill, Scalia responded that the “honorarium ban makes no difference to me” and denied that he would ever leave the court for financial reasons. (The ban was never lifted. McConnell did not respond to a request for comment.)

During his second decade on the court, Thomas’ financial situation appears to have markedly improved. In 2003, he received the first payments of a $1.5 million advance for his memoir, a record-breaking sum for justices at the time. Ginni Thomas, who had been a congressional staffer, was by then working at the Heritage Foundation and was paid a salary in the low six figures.

Thomas also received dozens of expensive gifts throughout the 2000s, sometimes coming from people he’d met only shortly before. Thomas met Earl Dixon, the owner of a Florida pest control company, while getting his RV serviced outside Tampa in 2001, according to the Thomas biography “Supreme Discomfort.” The next year, Dixon gave Thomas $5,000 to put toward his grandnephew’s tuition. Thomas reported the payment in his annual disclosure filing.

Larger gifts went undisclosed. Crow paid for two years of private high school, which tuition rates indicate would’ve cost roughly $100,000. In 2008, another wealthy friend forgave “a substantial amount, or even all” of the principal on the loan Thomas had used to buy the quarter-million dollar RV, according to a recent Senate inquiry prompted by The New York Times’ reporting. Much of the Thomases’ leisure time was also paid for by a small set of billionaire businessmen, who brought the justice and his family on free vacations around the world. (Thomas has said he did not need to disclose the gifts of travel and his lawyer has disputed the Senate findings about the RV.)

By 2019, the justices’ pay hadn’t changed beyond keeping up with inflation. But Thomas’ views had apparently transformed from two decades before. That June, during a public appearance, Thomas was asked about salaries at the court. “Oh goodness, I think it’s plenty,” Thomas responded. “My wife and I are doing fine. We don’t live extravagantly, but we are fine.”

A few weeks later, Thomas boarded Crow’s private jet to head to Indonesia. He and his wife were off on vacation, an island cruise on Crow’s 162-foot yacht.

The Supreme Court has adopted a conduct code — but who will enforce it?

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: Friends of the Court:SCOTUS Justices’ Beneficial Relationships With Billionaire Donors

Supreme Court Justice Clarence Thomas’ decadeslong friendship with real estate tycoon Harlan Crow and Samuel Alito’s luxury travel with billionaire Paul Singer have raised questions about influence and ethics at the nation's highest court.

The Supreme Court on Monday released a code of conduct governing the behavior of the country’s most powerful judges for the first time in its history. But experts said it was unclear if the new rules, which do not include any enforcement mechanism, would address the issues raised by recent revelations about justices’ ethics and conduct.

The nine-page code, with an accompanying five pages of commentary, was signed by all the sitting justices and covers everything from the acceptance of gifts, to recusal standards, to avoiding improper outside influence on the justices. The step followed months of reporting by ProPublica detailing undisclosed gifts to Supreme Court justices from wealthy political donors.

The code does not specify who, if anyone, could determine whether the rules had been violated.

The new Supreme Court code’s lack of any apparent enforcement process is “the elephant in the room,” said Stephen Vladeck, a law professor at the University of Texas who studies the court. “Even the most stringent and aggressive ethics rules don’t mean all that much if there’s no mechanism for enforcing them. And the justices’ unwillingness to even nod toward that difficulty kicks the ball squarely back into Congress’ court.”

Nevertheless, some leading observers of the court described the creation of an explicit, written code as a landmark in the court’s 234-year history.

“The Supreme Court’s promulgation of a code of conduct today is of surpassing historic significance,” former federal appellate judge J. Michael Luttig told ProPublica. “The court must lead by the example that only it can set for the federal judiciary, as it does today.”

A statement released by the court on Monday accompanying the code said it was formulated to dispel “the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules.” It said the code “largely represents a codification of principles that we have long regarded as governing our conduct.”

A series of ProPublica stories this year detailed a pattern of behavior by Supreme Court justices that legal ethics experts said was far outside the norms of conduct for other federal judges. ProPublica disclosed that Justice Clarence Thomas has accepted undisclosed luxury travel from Dallas billionaire Harlan Crow and a coterie of other ultrawealthy men for decades. Crow purchased Thomas’ mother’s home and paid private school tuition for a relative Thomas was raising as his son. Thomas also spoke at donor events for the Koch network, the powerful conservative activist group. Separately, ProPublica revealed that Justice Samuel Alito accepted a private jet trip to Alaska from a hedge fund billionaire and did not recuse himself when that billionaire later had a case before the court.

Reporting from other outlets, including The Washington Post and The Associated Press, has added to the picture. The New York Times revealed that Thomas received a loan from a wealthy friend to purchase an expensive RV. A Senate investigation later found Thomas did not repay the loan in full.

Federal judges below the Supreme Court have long been subject to a written code of conduct, the foundations of which were set down a century ago following a major ethics scandal in the judiciary. Lower court judges are subject to oversight by panels of other judges, who review allegations of misconduct.

The high court’s new code of conduct is separate from an existing federal law that requires all federal judges including the justices on the Supreme Court to annually report income, assets and most gifts on a publicly available disclosure form. The law, which passed after the Watergate scandal, has been at the center of the controversies involving Thomas’ undisclosed gifts. Thomas and Alito have argued they were not required to disclose the luxury travel, and Thomas’ lawyer has said that “any prior reporting errors were strictly inadvertent.”

The new document largely echoes the code that applies to lower court judges. Many of its prescriptions are lofty but vague. It requires the justices to “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” It prohibits justices from soliciting gifts, practicing law or sitting on cases where their “impartiality might reasonably be questioned.” It states that the justices should not engage in “political activity,” but it does not define what that means.

Court observers are likely to spend weeks parsing the differences between the new code and that of the lower courts. Small changes were made without explanation. For instance, lower court judges are prohibited from lending “the prestige of the judicial office to advance” their own private interests. The justices are merely prohibited from “knowingly” doing so.

Whether any of the conduct that sparked the push for a formal ethics code would now be prohibited seems to remain open for interpretation. Take Thomas’ appearances at Koch network events. A federal judge told ProPublica that if he’d done the same as a lower court judge, it would’ve violated prohibitions against fundraising and political activity and he would’ve been subject to a disciplinary proceeding. It’s unclear if the high court’s new code would bar such activities or if each justice would answer such questions for him or herself.

Sen. Sheldon Whitehouse, D-R.I., who has introduced a bill that would require the Supreme Court to adopt an enforceable code of conduct, said in a statement that the new code fell short of what is needed.

“The honor system has not worked for members of the Roberts Court,” he said. “This is a long-overdue step by the justices, but a code of ethics is not binding unless there is a mechanism to investigate possible violations and enforce the rules.”

Whitehouse’s bill advanced out of the Senate Judiciary Committee in July, but it has since stalled in the face of GOP opposition. It would create an enforcement mechanism for the court’s code of conduct and set up a process where panels of appellate judges would investigate potential ethics violations.

It’s unclear whether the court’s release of the code will affect the ongoing Senate investigations into justices’ relationships with businessmen and others involved in undisclosed travel and gifts. For months, the Senate Judiciary Committee has been seeking information from Crow and others about undisclosed gifts to Thomas.

Last week, Senate Judiciary Democrats deferred an effort to subpoena Crow in the face of intense Republican opposition on the committee. Sen. Dick Durbin, D-Ill., the panel’s chair, said last week the committee would continue its efforts to authorize subpoenas in the near future.

The court’s new ethics standards are in many ways more lenient than those governing employees of the executive and legislative branches. There are still few restrictions on what gifts the justices can accept. Members of Congress are generally prohibited from taking gifts worth $50 or more and would need preapproval from an ethics committee to take many of the gifts Thomas and Alito have accepted.

Jeremy Fogel, a retired federal judge in California who had publicly called for the Supreme Court to adopt an ethics code, said Monday that he was “heartened to see that the justices unanimously have recognized the need for an explicit code of conduct.”

“Whether it will make a difference in the justices’ day-to-day actions or in public perceptions of the court remains to be seen,” Fogel said.

Why Clarence Thomas’ trip to the Koch summit undermines his ethics defense

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: Friends of the Court:SCOTUS Justices’ Beneficial Relationships With Billionaire Donors

Supreme Court Justice Clarence Thomas’ decadeslong friendship with real estate tycoon Harlan Crow and Samuel Alito’s luxury travel with billionaire Paul Singer have raised questions about influence and ethics at the nation's highest court.

For months, Supreme Court Justice Clarence Thomas and his allies have defended Thomas’ practice of not disclosing free luxury travel by saying the trips fell under a carve-out to the federal disclosure law for government officials.

But by not publicly reporting his trips to the Bohemian Grove and to a 2018 Koch network event, Thomas appears to have violated the disclosure law, even by his own permissive interpretation of it, ethics law experts said. The details of the trips, which ProPublica first reported last month, could prove important evidence in any formal investigation of Thomas’ conduct.

Thomas’ defense has centered on what’s known as the personal hospitality exemption, part of a federal law passed after Watergate that requires Supreme Court justices and many other officials to publicly report most gifts.

Under the exemption, gifts of “food, lodging, or entertainment received as personal hospitality” don’t have to be disclosed. The law provides a technical definition of “personal hospitality.” It only applies to gifts received from someone at that person’s home or “on property or facilities” that they or their family own. A judge would generally not need to disclose a weekend at a friend’s house; they would need to report if someone paid for them to stay at the Ritz-Carlton.

Numerous ethics law experts have said that gifts of transportation, such as private jet flights, must be disclosed under the law because they are not “food, lodging, or entertainment.”

Thomas has laid out a different view of the disclosure requirements. In his financial disclosure released in late August, Thomas asserted that the personal hospitality exemption extended to transportation. Justice Samuel Alito has made the same argument in an op-ed where he elaborated on his reasoning: private jets would count as “facilities” under the law’s definition of personal hospitality. In this view of the disclosure requirements, a key question would be whether the person providing a private jet flight actually owned the jet. So, for example, Thomas would not need to report flights on his friend Harlan Crow’s private plane because Crow owns it.

Thomas and Alito’s position is incorrect, many experts said, because it simply ignores the statute’s language: that the personal hospitality exemption only applies to food, lodging, or entertainment.

But there’s an additional reason the newly revealed trips should have been disclosed.

ProPublica recently reported that in 2018, Thomas traveled on a Gulfstream G200 private jet to Palm Springs, California, to attend a dinner at the Koch political network’s donor summit. He didn’t hitch a ride on a jet owned by a friend. Instead, he flew there on a chartered plane: a jet available through an Uber-like service that lets wealthy individuals rent other people’s planes. The owner of the jet at the time, Connecticut real estate developer John Fareri, confirmed to ProPublica that he didn’t provide the plane to Thomas and that the Palm Springs flight was a charter flight. That means someone else — not the owner — paid.

A Koch network spokesperson said the network didn’t pay for the flights. Because Thomas didn’t disclose the trip, it’s still not clear who chartered the plane. Jet charter companies told ProPublica the flights could have cost more than $75,000.

Experts told ProPublica they couldn’t think of an argument that would justify not disclosing the Palm Springs trip. “Even using Thomas’ flawed logic about the personal hospitality exception, there’s no way this chartered flight fits into that exception,” said Kedric Payne, a former deputy chief counsel at Congress’ ethics office.

Thomas and his attorney did not respond to questions about why he didn’t disclose the flight or if he paid for it himself. After the Palm Springs donor event, the plane flew to an airport outside Denver, where Thomas appeared at a ceremony honoring his former clerk, then back to northern Virginia, where Thomas lives.

Thomas’ undisclosed trips to the Bohemian Grove present a similar issue. As ProPublica reported last month, Thomas has for 25 years been a regular at the Grove, an all-men’s retreat held on a 2,700-acre property in California. Thomas has been hosted by Crow, who is a member of the secretive club, and stayed at a lodge there called Midway. Members typically must pay thousands of dollars to bring a guest, according to a Grove guest application form obtained by ProPublica and interviews with members.

Crow does not own the Grove nor does he own the lodge where Thomas has stayed. Experts said in these instances again, even by Thomas’ own characterization of the rules, he appears to have violated the law by not disclosing the trips.

“It makes a mockery of the statute,” said Richard Painter, who served as the chief ethics lawyer for the George W. Bush White House. Painter said that if charter flights and trips to Grove don’t need to be disclosed, “you could call everything personal hospitality. Broadway show tickets. A first-class ticket on Delta Air Lines. A trip on the Queen Mary.”

Following ProPublica’s reporting on Thomas’ failure to disclose gifts earlier this year, members of Congress sent a complaint to the Judicial Conference, the arm of the judiciary responsible for implementing the disclosure law. In April, the Judicial Conference said it had referred the matter to a committee of judges responsible for reviewing such allegations.

The law says that if there is “reasonable cause” to believe a judge “willfully” failed to disclose information they were required to, the conference should refer the matter to the U.S. attorney general, who can pursue penalties. But that would be unprecedented. As of May, the Judicial Conference said it had never made such a referral. The committee’s process appears to be ongoing.

In his filing in August, Thomas said that his view of the disclosure rules was based in part on conversations he had with staff at the Judicial Conference. Thomas did not respond to questions about the advice he received. A judiciary spokesperson declined to comment on whether it was ever the Judicial Conference’s position that gifts of private jet flights didn’t need to be reported.

This March, the judiciary revised its regulations to make explicit that private jet travel must be disclosed because transportation is not covered by the personal hospitality exemption. Experts said the update merely clarified what was always the case. (ProPublica reviewed other federal judges’ financial disclosure filings and found at least six recent examples of judges disclosing gifts of private jet travel before the regulations were updated.)

More than a decade ago, Thomas’ disclosure practices came under scrutiny following research by a watchdog group and a story in The New York Times about his relationship with Crow. Democratic lawmakers wrote to the Judicial Conference in 2011, saying that Thomas had failed to report the sources of his wife’s income and that he “may” have also received free private jet trips without reporting them.

What happened after that remains opaque.

In a four-sentence letter the following year, the secretary to the Judicial Conference said that the complaint had been reviewed. “Nothing has been presented,” he wrote, “to support a determination” that Thomas improperly failed to report gifts of travel. The letter did not detail what steps the conference took, the reasoning behind its decision or what information it had been presented with.

At the time, nothing in the public record had established that Thomas had ever accepted undisclosed private jet flights. But Thomas’ attorney Elliot Berke has cited the 2012 letter as vindication of Thomas’ practices. “The Judicial Conference issued a letter confirming that Justice Thomas had not improperly failed to disclose information concerning his travel,” Berke wrote.

ProPublica asked the Judicial Conference for details on the 2012 episode, including whether the committee conducted an investigation and an explanation of its ultimate conclusion: Did it determine that private jet flights need not be reported? Or did it determine that it wasn’t clear if Thomas had actually accepted such a gift?

A Judicial Conference spokesperson declined to comment.

Dem Senators demand full accounting of gifts to SCOTUS justices from Paul Singer and Leonard Leo

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: Friends of the Court

SCOTUS Justices’ Beneficial Relationships With Billionaire Donors

Senate Judiciary Committee Democrats have sent letters to two wealthy businessmen and a major political activist requesting more information about undisclosed gifts to Supreme Court justices.

The letters, sent Tuesday by Sen. Sheldon Whitehouse, D-R.I., and Sen. Dick Durbin, D-Ill., the committee chair, seek more details about an undisclosed 2008 luxury fishing vacation Justice Samuel Alito took that was reported last month by ProPublica. The letters went to three people: hedge fund billionaire Paul Singer; mortgage company owner Robin Arkley II; and Leonard Leo, a longtime leader at the Federalist Society, the powerful conservative legal group.

All three men played a role in paying for or organizing Alito’s 2008 vacation, but the letters go beyond that trip. The senators requested Leo and the businessmen provide a full accounting of all transportation, lodging and gifts worth more than $415 they’ve ever provided to any Supreme Court justice.

“To date, Chief Justice Roberts has barely acknowledged, much less investigated or sought to fix, the ethics crises swirling around our highest Court,” Durbin and Whitehouse said in a joint statement. “If the Court won’t investigate or act, Congress must.” The senators’ committee has announced it plans to vote on July 20 on a bill that would tighten Supreme Court ethics rules.

A spokesperson for Singer said he had received the letter and was in the process of reviewing it. Leo declined to comment but previously said that Alito could never be influenced by a free trip. Arkley and the Supreme Court press office did not immediately respond to requests for comment.

ProPublica reported last month that Singer flew Alito on a private jet to a luxury Alaska fishing vacation in July 2008. Alito did not pay for the trip, including his stay at the fishing lodge, which was owned by Arkley, a significant conservative political donor. Leo helped organize the trip and asked Singer if Alito could fly on the billionaire’s jet. The justice did not disclose the gift of the private jet trip in his annual financial disclosure, which ethics law experts said appeared to be a violation of federal ethics law.

In the years following the trip, Singer’s hedge fund had cases come before the court at least 10 times. Alito did not recuse himself. He ruled with the court’s majority in favor of Singer’s hedge fund in a 2014 case that pitted the fund against the nation of Argentina.

Alito wrote in a Wall Street Journal op-ed published before the ProPublica story that he had not known Singer was affiliated with the hedge fund, and he maintained that disclosure rules didn’t require him to report the private jet flight. A spokesperson for Singer said last month that the billionaire had “never discussed his business interests” with the justice and that Singer had not organized the trip.

The letters sent Tuesday represent a new phase in the Senate investigation of Supreme Court ethics.

This spring, ProPublica reported that Justice Clarence Thomas received decades of unreported gifts from Dallas real estate billionaire Harlan Crow. Crow took Thomas on private jet flights and yacht cruises around the world, paid private school tuition for the justice’s grandnephew and paid Thomas money in an undisclosed real estate deal. The Senate Judiciary Committee launched an investigation and wrote a series of letters to Crow, demanding a full accounting of his gifts to Thomas and any other justices over the years.

Thus far, Crow has resisted the senators’ probe. The billionaire’s lawyers have argued that Congress does not have the authority to investigate the gifts and that the inquiry violates the separation of powers. Thomas has defended himself by saying he took family trips with friends. Crow has said he never discussed pending legal matters with Thomas or sought to influence him.

Leo also joined Crow and Thomas during at least one undisclosed trip to the billionaire’s private resort in the Adirondacks. A painting Crow commissioned depicts Leo at the resort alongside the justice and the billionaire. In the new letter, the senators asked the longtime Federalist Society executive to provide details about any travel he’s ever taken with any Supreme Court justice.

The expanded investigation comes as the Senate Judiciary Committee prepares to vote on Supreme Court ethics reform. Following the Alito report, Durbin and Whitehouse announced that the panel would vote on a reform bill this month.

“To hold these nine Justices to the same standard as every other federal judge is not a radical or partisan notion,” Durbin and Whitehouse said in a joint statement, adding, “The belief that they should not be held accountable or even disclose lavish gifts from wealthy benefactors is an affront to the nation they were chosen to serve.”

The bill, titled the Supreme Court Ethics, Recusal, and Transparency Act, would significantly tighten ethics rules but in many cases leave the details up to the court itself.

The bill requires the court itself to create and publish a code of conduct within 180 days but doesn’t lay out in detail what rules it should contain. Lower court federal judges are already subject to a code of conduct, but it does not apply to the Supreme Court.

In other areas, the bill is more specific: It would tighten recusal rules, including in cases when justices accept gifts from litigants at the court or affiliates of litigants. If the proposed law had been in place when Alito sat on Singer’s case against Argentina, it appears it would have required the justice to recuse himself.

The bill would also require the court to create an ethics complaint process. Members of the public could submit complaints and investigations would be carried out by a randomly selected panel of five appellate judges. The panel could recommend that the Supreme Court take disciplinary action. It could also publish reports of its findings.

Under current law, justices are not required to — and rarely do — explain themselves when they do or don’t recuse themselves from a case. It’s a long-standing parlor game among Supreme Court watchers to guess what conflict or potential conflict led a justice to recuse himself or herself. The bill would end that. It would require published written explanations of recusal decisions.

The bill would also tighten some rules around the disclosure of gifts and of the funding behind friend-of-the-court briefs that are filed by outside groups in many high-profile cases.

The bill is already facing steep opposition, with influential Republicans in both the House and Senate coming out against legislative reforms. Minutes after Durbin announced the committee vote, the Twitter account for the Republicans on the House Judiciary Committee responded: “And that’s as far as it will go. God Bless Justice Alito!”

The response among Republican lawmakers has not been uniform, however. Sen. Lisa Murkowski, R-Alaska, introduced a bill this year that would require the court to adopt a code of conduct and create a process for investigating potential violations of it. Other Republican senators have encouraged Chief Justice John Roberts to take action to tighten the court’s ethical standards himself.

Sen. Cynthia Lummis, R-Wyo., told The Hill following the recent Alito revelations that she believes it’s in the Supreme Court’s “best interests to address this issue to the satisfaction of the public and use the standards that should apply to anyone in the executive or legislative branch with regard to ethics.”

Justice Samuel Alito took luxury fishing vacation with GOP billionaire who later had cases before the court

by Justin Elliott, Joshua Kaplan, Alex Mierjeski

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: Friends of the Court

Clarence Thomas’ Beneficial Friendship With a GOP Megadonor

In early July 2008, Samuel Alito stood on a riverbank in a remote corner of Alaska. The Supreme Court justice was on vacation at a luxury fishing lodge that charged more than $1,000 a day, and after catching a king salmon nearly the size of his leg, Alito posed for a picture. To his left, a man stood beaming: Paul Singer, a hedge fund billionaire who has repeatedly asked the Supreme Court to rule in his favor in high-stakes business disputes.

Singer was more than a fellow angler. He flew Alito to Alaska on a private jet. If the justice chartered the plane himself, the cost could have exceeded $100,000 one way.

In the years that followed, Singer’s hedge fund came before the court at least 10 times in cases where his role was often covered by the legal press and mainstream media. In 2014, the court agreed to resolve a key issue in a decade-long battle between Singer’s hedge fund and the nation of Argentina. Alito did not recuse himself from the case and voted with the 7-1 majority in Singer’s favor. The hedge fund was ultimately paid $2.4 billion.

Alito did not report the 2008 fishing trip on his annual financial disclosures. By failing to disclose the private jet flight Singer provided, Alito appears to have violated a federal law that requires justices to disclose most gifts, according to ethics law experts.

Experts said they could not identify an instance of a justice ruling on a case after receiving an expensive gift paid for by one of the parties.

“If you were good friends, what were you doing ruling on his case?” said Charles Geyh, an Indiana University law professor and leading expert on recusals. “And if you weren’t good friends, what were you doing accepting this?” referring to the flight on the private jet.

Justices are almost entirely left to police themselves on ethical issues, with few restrictions on what gifts they can accept. When a potential conflict arises, the sole arbiter of whether a justice should step away from a case is the justice him or herself.

ProPublica’s investigation sheds new light on how luxury travel has given prominent political donors — including one who has had cases before the Supreme Court — intimate access to the most powerful judges in the country. Another wealthy businessman provided expensive vacations to two members of the high court, ProPublica found. On his Alaska trip, Alito stayed at a commercial fishing lodge owned by this businessman, who was also a major conservative donor. Three years before, that same businessman flew Justice Antonin Scalia, who died in 2016, on a private jet to Alaska and paid the bill for his stay.

Such trips would be unheard of for the vast majority of federal workers, who are generally barred from taking even modest gifts.

Leonard Leo, the longtime leader of the conservative Federalist Society, attended and helped organize the Alaska fishing vacation. Leo invited Singer to join, according to a person familiar with the trip, and asked Singer if he and Alito could fly on the billionaire’s jet. Leo had recently played an important role in the justice’s confirmation to the court. Singer and the lodge owner were both major donors to Leo’s political groups.

ProPublica’s examination of Alito’s and Scalia’s travel drew on trip planning emails, Alaska fishing licenses, and interviews with dozens of people including private jet pilots, fishing guides, former high-level employees of both Singer and the lodge owner, and other guests on the trips.

ProPublica sent Alito a list of detailed questions last week, and on Tuesday, the Supreme Court’s head spokeswoman told ProPublica that Alito would not be commenting. Several hours later, The Wall Street Journal published an op-ed by Alito responding to ProPublica’s questions about the trip.

Alito said that when Singer’s companies came before the court, the justice was unaware of the billionaire’s connection to the cases. He said he recalled speaking to Singer on “no more than a handful of occasions,” and they never discussed Singer’s business or issues before the court.

Alito said that he was invited to fly on Singer’s plane shortly before the trip and that the seat “would have otherwise been vacant.” He defended his failure to report the trip to the public, writing that justices “commonly interpreted” the disclosure requirements to not include “accommodations and transportation for social events.”

In a statement, a spokesperson for Singer told ProPublica that Singer didn’t organize the trip and that he wasn’t aware Alito would be attending when he accepted the invitation. Singer “never discussed his business interests” with the justice, the spokesperson said, adding that at the time of trip, neither Singer nor his companies had “any pending matters before the Supreme Court, nor could Mr. Singer have anticipated in 2008 that a subsequent matter would arise that would merit Supreme Court review.”

Leo did not respond to questions about his organizing the trip but said in a statement that he “would never presume to tell” Alito and Scalia “what to do.”

This spring, ProPublica reported that Justice Clarence Thomas received decades of luxury travel from another Republican megadonor, Dallas real estate magnate Harlan Crow. In a statement, Thomas defended the undisclosed trips, saying unnamed colleagues advised him that he didn’t need to report such gifts to the public. Crow also gave Thomas money in an undisclosed real estate deal and paid private school tuition for his grandnephew, who Thomas was raising as a son. Thomas reported neither transaction on his disclosure forms.

The undisclosed gifts have prompted lawmakers to launch investigations and call for ethics reform. Recent bills would impose tighter rules for justices’ recusals, require the Supreme Court to adopt a binding code of conduct and create an ethics body, which would investigate complaints. Neither a code nor an ethics office currently exists.

“We wouldn’t tolerate this from a city council member or an alderman,” Sen. Dick Durbin, an Illinois Democrat and chair of the Senate Judiciary Committee, said of Thomas in a recent hearing. “And yet the Supreme Court won’t even acknowledge it’s a problem.”

So far, the court has chafed at the prospect of such reforms. Though the court recently laid out its ethics practices in a statement signed by all nine justices, Chief Justice John Roberts has not directly addressed the recent revelations. In fact, he has repeatedly suggested Congress might not have the power to regulate the court at all.

“We Take Good Care of Him Because He Makes All the Rules”

In the 1960s in his first year at Harvard Law School, Singer was listening to a lecture by a famed liberal professor when, he later recalled, he had an epiphany: “My goodness. They’re making it up as they go along.”

It was a common sentiment among conservative lawyers, who often accuse liberal judges of activist overreach. While Singer’s career as an attorney was short-lived, his convictions about the law stayed with him for decades. After starting a hedge fund that eventually made him one of the richest people in the country, he began directing huge sums to causes on the right. That included groups, like the Federalist Society, dedicated to fostering the conservative legal movement and putting its followers on the bench.

Other guests on the trip included Leo, the Federalist Society leader, and Judge A. Raymond Randolph, a prominent conservative appellate judge for whom Leo had clerked, according to fishing licenses and interviews with lodge staff.

On another day, the group flew on one of the lodge’s bush planes to a waterfall in Katmai National Park, where bears snatch salmon from the water with their teeth. At night, the lodge’s chefs served multicourse meals of Alaskan king crab legs or Kobe filet. On the last evening, a member of Alito’s group bragged that the wine they were drinking cost $1,000 a bottle, one of the lodge’s fishing guides told ProPublica.

In his op-ed, Alito described the lodge as a “comfortable but rustic facility.” The justice said he does not remember if he was served wine, but if he was, it didn’t cost $1,000 a bottle. (Alito also pointed readers to the lodge’s website. The lodge has been sold since 2008 and is now a more downscale accommodation.)

The justice’s stay was provided free of charge by another major donor to the conservative legal movement: Robin Arkley II, the owner of a mortgage company then based in California. Arkley had recently acquired the fishing lodge, which catered to affluent tourists seeking a luxury experience in the Alaskan wilderness. A planning document prepared by lodge staff describes Alito as a guest of Arkley. Another guest on the trip told ProPublica the trip was a gift from Arkley, and two lodge employees said they were told that Alito wasn’t paying.

Arkley, who does not appear to have been involved in any cases before the court, did not respond to detailed questions for this story.

In the last decade, Singer has contributed over $80 million to Republican political groups. He has also given millions to the Manhattan Institute, a conservative think tank where he has served as chairman since 2008. The institute regularly files friend-of-the-court briefs with the Supreme Court — at least 15 this term, including one asking the court to block student loan relief.

Singer’s interest in the courts is more than ideological. His hedge fund, Elliott Management, is best known for making investments that promise handsome returns but could require bruising legal battles. Singer has said he’s drawn to positions where you “control your own destiny, not just riding up and down with the waves of financial markets.” That can mean pressuring corporate boards to fire a CEO, brawling with creditors over the remains of a bankrupt company and suing opponents.

The fund now manages more than $50 billion in assets. “The investments are extremely shrewdly litigation-driven,” a person familiar with Singer’s fund told ProPublica. “That’s why he’s a billionaire.”

Singer’s most famous gamble eventually made its way to the Supreme Court.

In 2001, Argentina was in a devastating economic depression. Unemployment skyrocketed and deadly riots broke out in the street. The day after Christmas, the government finally went into default. For Singer, the crisis was an opportunity. As other investors fled, his fund purchased Argentine government debt at a steep discount.

Within several years, as the Argentine economy recovered, most creditors settled with the government and accepted a fraction of what the debt was originally worth. But Singer’s fund, an arm of Elliott called NML Capital, held out. Soon, they were at war: a midtown Manhattan-based hedge fund trying to impose its will on a sovereign nation thousands of miles away.

The fight played out on familiar turf for Singer: the U.S. courts. He launched an aggressive legal campaign to force Argentina to pay in full, and his personal involvement in the case attracted widespreadmediaattention. Over 13 years of litigation, the arguments spanned what rights foreign governments have in the U.S. and whether Argentina could pay off debts to others before Singer settled his claim.

If Singer succeeded, he stood to make a fortune.

In 2007, for the first but not the last time, Singer’s fund asked the Supreme Court to intervene. A lower court had stopped Singer and another fund from seizing Argentine central bank funds held in the U.S. The investors appealed, but that October, the Supreme Court declined to take up the case.

On July 8 of the following year, Singer took Alito to Alaska on the private jet, according to emails, flight data from the Federal Aviation Administration and people familiar with the trip.

The group flew across the country to the town of King Salmon on the Alaska peninsula. They returned to the East Coast three days later.

In Alaska, they stayed at the King Salmon Lodge, a luxury fishing resort that drew celebrities, wealthy businessmen and sports stars. On July 9, one of the lodge’s pilots flew Alito and other guests around 70 miles to the west to fish the Nushagak River, known for one of the best salmon runs in the world. Snapshots from the trip show Alito in waders and an Indianapolis Grand Prix hat, smiling broadly as he holds his catch.

“Sam Alito is in the red jacket there,” one lodge worker said, as he narrated an amateur video of the justice on the water. “We take good care of him because he makes all the rules.”

“The exception only covers food, lodging and entertainment,” said Virginia Canter, a former government ethics lawyer now at the watchdog group CREW. “He’s trying to move away from the plain language of the statute and the regulation.”

The Alaska vacation was the first time Singer and Alito met, according to a person familiar with the trip. After the trip, the two appeared together at public events. When Alito spoke at the annual dinner of the Federalist Society lawyers convention the following year, the billionaire introduced him. The justice told a story about having an encounter with bears during a fishing trip with Singer, according to the legal blog Above the Law. He recalled asking himself: “Do you really want to go down in history as the first Supreme Court justice to be devoured by a bear?”

The year after that, in 2010, Alito delivered the keynote speech at a dinner for donors to the Manhattan Institute. Once again, Singer delivered a flattering introduction. “He and his small band of like-minded justices are a critical and much-appreciated bulwark of our freedom,” Singer told the crowd. “Samuel Alito is a model Supreme Court justice.”

Alito did not disclose the flight or the stay at the fishing lodge in his annual financial disclosures. A federal law passed after Watergate requires federal officials including Supreme Court justices to publicly report most gifts. (The year before, Alito reported getting $500 of Italian food and wine from a friend, noting that his friend was unlikely to “appear before this Court.”)

The law has a “personal hospitality” exemption: If someone hosts a justice on their own property, free “food, lodging, or entertainment” don’t always have to be disclosed. But the law clearly requires disclosure for gifts of private jet flights, according to seven ethics law experts, and Alito appears to have violated it. The typical interpretation of the law required disclosure for his stay at the lodge too, experts said, since it was a commercial property rather than a vacation home. The judiciary’s regulations did not make that explicit until they were updated earlier this year.

In his op-ed, Alito said that justices “commonly interpreted” the law’s exception for hospitality “to mean that accommodations and transportation for social events were not reportable gifts.”

His op-ed pointed to language in the judiciary’s filing instructions and cited definitions from Black’s Law Dictionary and Webster’s. But he did not make reference to the judiciary’s regulations or the law itself, which experts said both clearly required disclosure for gifts of travel. ProPublica found at least six examples of other federal judges disclosing gifts of private jet travel in recent years.

Meanwhile, Singer and Argentina kept asking the Supreme Court to intervene in their legal fight. His fund enlisted Ted Olson, the famed appellate lawyer who represented George W. Bush in the Bush v. Gore case during the 2000 presidential election.

In January 2010, a year and a half after the Alaska vacation, the fund once again asked the high court to take up an aspect of the dispute. The court declined. In total, parties asked the court to hear appeals in the litigation eight times in the six years after the trip. In most instances, it was Singer’s adversaries filing an appeal, with Singer’s fund successfully arguing for the justices to decline the case and let stand a lower court ruling.

The Supreme Court hears a tiny portion of the many cases it’s asked to rule on each year. Under the court’s rules, cases are only accepted when at least four of the nine justices vote to take it up. The deliberations on whether to take a case are shrouded in secrecy and happen at meetings attended only by the justices. These decisions are a fundamental way the court wields power. The justices’ votes are not typically made public, so it is unclear how Alito voted on the petitions involving Singer.

As Singer’s battle with Argentina intensified, his hedge fund launched an expansive public relations and lobbying campaign. In 2012, the hedge fund even attempted to seize an Argentine navy ship docked in Ghana to secure payment from the country. (The effort was thwarted by a ruling from the International Tribunal for the Law of the Sea.) Argentina’s president labeled Singer and his fellow investors “vultures” attempting extortion; Singer complained the country was scapegoating him.

In 2014, the Supreme Court finally agreed to hear a case on the matter. It centered on an important issue: how much protection Argentina could claim as a sovereign nation against the hedge fund’s legal maneuvers in U.S. courts. The U.S. government filed a brief on Argentina’s side, warning that the case raised “extraordinarily sensitive foreign policy concerns.”

The case featured an unusual intervention by the Judicial Crisis Network, a group affiliated with Leo known for spending millions on judicial confirmation fights. The group filed a brief supporting Singer, which appears to be the only Supreme Court friend-of-the-court brief in the organization’s history.

The court ruled in Singer’s favor 7-1 with Alito joining the majority. The justice did not recuse himself from the case or from any of the other petitions involving Singer.

“The tide turned” thanks to that “decisive” ruling and another from the court, as Singer’s law firm described it. After the legal setbacks and the election of a new president in Argentina, the country finally capitulated in 2016. Singer’s fund walked away with a $2.4 billion payout, a spectacular return.

Abbe Smith, a law professor at Georgetown who co-wrote a textbook on legal and judicial ethics, said that Alito should have recused himself. If she were representing a client and learned the judge had taken a gift from the party on the other side, Smith said, she would immediately move for recusal. “If I found out after the fact, I’d be outraged on behalf of my client,” she said. “And, frankly, I’d be outraged on behalf of the legal system.”

The law that governs when justices must recuse themselves from a case sets a high but subjective standard. It requires justices to withdraw from any case when their “impartiality might reasonably be questioned.” But the court allows individual justices to interpret that requirement for themselves. Historically, they’ve almost never explained why they are or are not recusing themselves, and unlike lower court judges, their decisions cannot be appealed.

Alito articulated his own standard during his Senate confirmation process, writing that he believed in stepping away from cases when “any possible question might arise.”

In his Wall Street Journal op-ed, Alito wrote of his failure to recuse himself from Singer’s cases at the court: “It was and is my judgment that these facts would not cause a reasonable and unbiased person to doubt my ability to decide the matters in question impartially.”

Critics have long assailed the Supreme Court’s practices on this issue as both opaque and inconsistent. “The idea ‘just trust us to do the right thing’ while remaining in total secrecy is unworkable,” said Amanda Frost, a judicial ethics expert at the University of Virginia School of Law.

For Singer, appeals to the Supreme Court are an almost unavoidable result of his business model. Since the Argentina case, Singer’s funds were named parties in at least two other cases that were appealed to the court, both stemming from battles with Fortune 500 companies. One of the petitions is currently pending.

Grey Goose and Glacier Ice

The month after Singer got home from the 2008 fishing trip, he realized he had a problem. He was supposed to receive a shipment of frozen salmon from the Alaska lodge. But the fish hadn’t arrived. So the billionaire emailed an unlikely person to get to the bottom of it: Leo, the powerful Federalist Society executive.

“They've escaped!!” Singer wrote. Leo then sent an email to Arkley, the lodge owner, to track down the missing seafood.

The only clear thread connecting the prominent guests on the trip is that they all had a relationship with Leo. Leo is now a giant in judicial politics who helped handpick Donald Trump’s list of potential Supreme Court nominees and recently received a $1.6 billion donation to further his political interests. Leo’s network of political groups was in its early days, however, when he traveled with Alito to Alaska. It had run an advertising campaign supporting Alito in his confirmation fight, and Leo was reportedly part of the team that prepared Alito for his Senate hearings.

Singer and Arkley, the businessmen who provided the trip to the justice, were both significant donors to Leo’s groups at the time, according to public records and reporting by The Daily Beast. Arkley also sometimes provided Leo with one of his private planes to travel to business meetings, according to a former pilot of Arkley’s.

In his statement, Leo did not address detailed questions about the trip, but he said “no objective and well-informed observer of the judiciary honestly could believe that they decide cases in order to cull favor with friends, or in return for a free plane seat or fishing trip.”

He added that the public should wonder whether ProPublica’s coverage is “bait for reeling in more dark money from woke billionaires who want to damage this Supreme Court and remake it into one that will disregard the law by rubber stamping their disordered and highly unpopular cultural preferences.”

Arkley is a fixture in local politics in his hometown of Eureka, California, known for lashing out at city officials and for once starting his own newspaper reportedly out of disdain for the local press. By the early 2000s, he’d made a fortune buying and servicing distressed mortgages and also become a significant donor in national GOP politics.

As his political profile rose, Arkley bragged to friends that he’d gotten to know one-third of the sitting Supreme Court justices. He told friends he had a relationship with Clarence Thomas, according to two people who were close with Arkley. And the Alito trip was not Arkley’s first time covering a Supreme Court justice’s travel to Alaska.

In June 2005, Arkley flew Scalia on his private jet to Kodiak Island, Alaska, two of Arkley’s former pilots told ProPublica. Arkley had paid to rent out a remote fishing lodge that cost $3,200 a week per person, according to the lodge’s owner, Martha Sikes.

Snapshots from the trip, found in the justice’s papers at Harvard Law School, capture Scalia knee-deep in a river as he fights to reel in a fish. Randolph, the appellate judge who was also on the later trip, joined Scalia and Arkley on the vacation, flying on the businessman’s jet.

Scalia did not report the trip on his annual filing, another apparent violation of the law, according to ethics law experts. Scalia’s travels briefly drew scrutiny in 2016 after he died while staying at the hunting ranch of a Texas businessman. Scalia had a pattern of disclosing trips to deliver lectures while not mentioning hunting excursions he took to nearby locales hosted by local attorneys and businessmen, according to a research paper published after his death.

Randolph, now a senior judge on the U.S. Court of Appeals for the D.C. Circuit, did not disclose the trip. (Nor did he disclose the later trip with Alito.) Randolph told ProPublica that when he was preparing his form for 2005, he called the judiciary’s financial disclosure office to ask about disclosing the trip. He shared his notes from the call with a staffer, which say “don’t have to report trip to Alaska with Rob Arkley & others / private jet / lodge.” Kathleen Clark, an ethics law expert at Washington University in St. Louis, said, “I don’t understand how the staff member came to that conclusion based on the language in the statute.”

On June 9, Arkley’s group chartered a boat, the Happy Hooker IV, to tour Yakutat Bay. On the way over, Scalia and Arkley discussed whether Senate Republicans, then in a contentious fight over judicial confirmations, should abolish the filibuster to move forward, according to a person traveling with them.

A photo captures Arkley and Scalia later that day gazing off the side of the boat at the famed Hubbard Glacier. At one point, a guide chiseled chunks off an iceberg and passed them to Scalia. The justice then mixed martinis from Grey Goose vodka and glacier ice.

It remains unclear how Scalia ended up in Alaska with Arkley. But the justice’s archives at Harvard Law School offer a tantalizing clue. Immediately before the fishing trip, Scalia gave a speech for the Federalist Society in Napa, California. The next day, Arkley’s plane flew from Napa to Alaska. Scalia’s papers contain a folder labeled “Federalist Society, Napa and Alaska, 2005 June 3-10,” suggesting a possible connection between the conservative organization and the fishing trip.

The contents of that folder are currently sealed, however. They will be opened to the public in 2036.

'Way outside the norm': Texas billionaire paid for private school tuition for Clarence Thomas’ child

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: Friends of the Court

Clarence Thomas’ Beneficial Friendship With a GOP Megadonor

In 2008, Supreme Court Justice Clarence Thomas decided to send his teenage grandnephew to Hidden Lake Academy, a private boarding school in the foothills of northern Georgia. The boy, Mark Martin, was far from home. For the previous decade, he had lived with the justice and his wife in the suburbs of Washington, D.C. Thomas had taken legal custody of Martin when he was 6 years old and had recently told an interviewer he was “raising him as a son.”

Tuition at the boarding school ran more than $6,000 a month. But Thomas did not cover the bill. A bank statement for the school from July 2009, buried in unrelated court filings, shows the source of Martin’s tuition payment for that month: the company of billionaire real estate magnate Harlan Crow.

The payments extended beyond that month, according to Christopher Grimwood, a former administrator at the school. Crow paid Martin’s tuition the entire time he was a student there, which was about a year, Grimwood told ProPublica.

“Harlan picked up the tab,” said Grimwood, who got to know Crow and the Thomases and had access to school financial information through his work as an administrator.

Before and after his time at Hidden Lake, Martin attended a second boarding school, Randolph-Macon Academy in Virginia. “Harlan said he was paying for the tuition at Randolph-Macon Academy as well,” Grimwood said, recalling a conversation he had with Crow during a visit to the billionaire’s Adirondacks estate.

ProPublica interviewed Martin, his former classmates and former staff at both schools. The exact total Crow paid for Martin’s education over the years remains unclear. If he paid for all four years at the two schools, the price tag could have exceeded $150,000, according to public records of tuition rates at the schools.

Thomas did not report the tuition payments from Crow on his annual financial disclosures. Several years earlier, Thomas disclosed a gift of $5,000 for Martin’s education from another friend. It is not clear why he reported that payment but not Crow’s.

The tuition payments add to the picture of how the Republican megadonor has helped fund the lives of Thomas and his family.

“You can’t be having secret financial arrangements,” said Mark W. Bennett, a retired federal judge appointed by President Bill Clinton. Bennett said he was friendly with Thomas and declined to comment for the record about the specifics of Thomas’ actions. But he said that when he was on the bench, he wouldn’t let his lawyer friends buy him lunch.

Thomas did not respond to questions. In response to previous ProPublica reporting on gifts of luxury travel, he said that the Crows “are among our dearest friends” and that he understood he didn’t have to disclose the trips.

ProPublica sent Crow a detailed list of questions and his office responded with a statement that did not dispute the facts presented in this story.

“Harlan Crow has long been passionate about the importance of quality education and giving back to those less fortunate, especially at-risk youth,” the statement said. “It’s disappointing that those with partisan political interests would try to turn helping at-risk youth with tuition assistance into something nefarious or political.” The statement added that Crow and his wife have “supported many young Americans” at a “variety of schools, including his alma mater.” Crow went to Randolph-Macon Academy.

Crow did not address a question about how much he paid in total for Martin’s tuition. Asked if Thomas had requested the support for either school, Crow’s office responded, “No.”

Last month, ProPublica reported that Thomas accepted luxury travel from Crow virtually every year for decades, including international superyacht cruises and private jet flights around the world. Crow also paid money to Thomas and his relatives in an undisclosed real estate deal, ProPublica found. After he purchased the house where Thomas’ mother lives, Crow poured tens of thousands of dollars into improving the property. And roughly 15 years ago, Crow donated much of the budget of a political group founded by Thomas’ wife, which paid her a $120,000 salary.

“This is way outside the norm. This is way in excess of anything I’ve seen,” said Richard Painter, former chief White House ethics lawyer for President George W. Bush, referring to the cascade of gifts over the years.

Painter said that when he was at the White House, an official who’d taken what Thomas had would have been fired: “This amount of undisclosed gifts? You’d want to get them out of the government.”

A federal law passed after Watergate requires justices and other officials to publicly report most gifts. Ethics law experts told ProPublica they believed Thomas was required by law to disclose the tuition payments because they appear to be a gift to him.

Justices also must report many gifts to their spouses and dependent children. The law’s definition of dependent child is narrow, however, and likely would not apply to Martin since Thomas was his legal guardian, not his parent. The best case for not disclosing Crow’s tuition payments would be to argue the gifts were to Martin, not Thomas, experts said.

But that argument was far-fetched, experts said, because minor children rarely pay their own tuition. Typically, the legal guardian is responsible for the child’s education.

“The most reasonable interpretation of the statute is that this was a gift to Thomas and thus had to be reported. It’s common sense,” said Kathleen Clark, an ethics law expert at Washington University in St. Louis. “It’s all to the financial benefit of Clarence Thomas.”

Martin, now in his 30s, told ProPublica he was not aware that Crow paid his tuition. But he defended Thomas and Crow, saying he believed there was no ulterior motive behind the real estate magnate’s largesse over the decades. “I think his intentions behind everything is just a friend and just a good person,” Martin said.

Crow has long been an influential figure in pro-business conservative politics. He has given millions to efforts to move the law and the judiciary to the right and serves on the boards of think tanks that publish scholarship advancing conservative legal theories.

Crow has denied trying to influence the justice but has said he extended hospitality to him just as he has to other dear friends. From the start, their relationship has intertwined expensive gifts and conservative politics. In a recent interview with The Dallas Morning News, Crow recounted how he first met Thomas. In 1996, the justice was scheduled to give a speech in Dallas for an anti-regulation think tank. Crow offered to fly him there on his private jet. “During that flight, we found out we were kind of simpatico,” the billionaire said.

The following year, the Thomases began to discuss taking custody of Martin. His father, Thomas’ nephew, had been imprisoned in connection with a drug case. Thomas has written that Martin’s situation held deep resonance for him because his own father was absent and his grandparents had taken him in “under very similar circumstances.”

Thomas had an adult son from a previous marriage, but he and wife, Ginni, didn’t have children of their own. They pitched Martin’s parents on taking the boy in.

“Thomas explained that the boy would have the best of everything — his own room, a private school education, lots of extracurricular activities,” journalists Kevin Merida and Michael Fletcher reported in their biography of Thomas.

Thomas gained legal custody of Martin and became his legal guardian around January 1998, according to court records.

Martin, who had been living in Georgia with his mother and siblings, moved to Virginia, where he lived with the justice from the ages of 6 to 19, he said.

Living with the Thomases came with an unusual perk: lavish travel with Crow and his family. Martin told ProPublica that he and Thomas vacationed with the Crows “at least once a year” throughout his childhood.

That included visits to Camp Topridge, Crow’s private resort in the Adirondacks, and two cruises on Crow’s superyacht, Martin said. On a trip in the Caribbean, Martin recalled riding jet skis off the side of the billionaire’s yacht.

Roughly 20 years ago, Martin, Thomas and the Crows went on a cruise on the yacht in Russia and the Baltics, according to Martin and two other people familiar with the trip. The group toured St. Petersburg in a rented helicopter and visited the Yusupov Palace, the site of Rasputin’s murder, said one of the people. They were joined by Chris DeMuth, then the president of the conservative think tank the American Enterprise Institute. (Thomas’ trips with Crow to the Baltics and the Caribbean have not previously been reported.)

Thomas reconfigured his life to balance the demands of raising a child with serving on the high court. He began going to the Supreme Court before 6 a.m. so he could leave in time to pick Martin up after class and help him with his homework. By 2001, the justice had moved Martin to private school out of frustration with the Fairfax County public school system’s lax schedule, The American Lawyer magazine reported.

For high school, Thomas sent Martin to Randolph-Macon Academy, a military boarding school 75 miles west of Washington, D.C., where he was in the class of 2010. The school, which sits on a 135-acre campus in the Shenandoah Valley, charged between $25,000 to $30,000 a year. Martin played football and basketball, and the justice sometimes visited for games.

Randolph-Macon was also Crow’s alma mater. Thomas and Crow visited the campus in April 2007 for the dedication of an imposing bronze sculpture of the Air Force Honor Guard, according to the school magazine. Crow donated the piece to Randolph-Macon, where it is a short walk from Crow Hall, a classroom building named after the Dallas billionaire’s family.

Martin sometimes chafed at the strictures of military school, according to people at Randolph-Macon at the time, and he spent his junior year at Hidden Lake Academy, a therapeutic boarding school in Georgia. Hidden Lake boasted one teacher for every 10 students and activities ranging from horseback riding to canoeing. Those services came at an added cost. At the time, a year of tuition was roughly $73,000, plus fees.

The July 2009 bank statement from Hidden Lake was filed in a bankruptcy case for the school, which later went under. The document shows that Crow Holdings LLC wired $6,200 to the school that month, the exact cost of the month’s tuition. The wire is marked “Mark Martin” in the ledger.

Crow’s office said in its statement that Crow’s funding of students’ tuition has “always been paid solely from personal funds, sometimes held at and paid through the family business.”

Grimwood, the administrator at Hidden Lake, told ProPublica that Crow wired the school money once a month to pay Martin’s tuition fees. Grimwood had multiple roles on the campus, including overseeing an affiliated wilderness program. He said he was speaking about the payments because he felt the public should know about outside financial support for Supreme Court justices. Martin returned to Randolph-Macon his senior year.

Thomas has long been one of the less wealthy members of the Supreme Court. Still, when Martin was in high school, he and Ginni Thomas had income that put them comfortably in the top echelon of Americans.

In 2006 for example, the Thomases brought in more than $500,000 in income. The following year, they made more than $850,000 from Clarence Thomas’ salary from the court, Ginni Thomas’ pay from the Heritage Foundation and book payments for the justice’s memoir.

It appears that at some point in Martin’s childhood, Thomas was paying for private school himself. Martin told ProPublica that Thomas sold his Corvette — “his most prized car” — to pay for a year of tuition, although he didn’t remember when that occurred.

In 2002, a friend of Thomas’ from the RV community who owned a Florida pest control company, Earl Dixon, offered Thomas $5,000 to help defray the costs of Martin’s education. Thomas’ disclosure of that earlier gift, several experts said, could be viewed as evidence that the justice himself understood he was required to report tuition aid from friends.

“At first, Thomas was worried about the propriety of the donation,” Thomas biographers Merida and Fletcher recounted. “He agreed to accept it if the contribution was deposited directly into a special trust for Mark.” In his annual filing, Thomas reported the money as an “education gift to Mark Martin.”

Billionaire Harlan Crow bought property from Clarence Thomas and the Justice didn’t disclose the deal

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In 2014, one of Texas billionaire Harlan Crow’s companies purchased a string of properties on a quiet residential street in Savannah, Georgia. It wasn’t a marquee acquisition for the real estate magnate, just an old single-story home and two vacant lots down the road. What made it noteworthy were the people on the other side of the deal: Supreme Court Justice Clarence Thomas and his relatives.

The transaction marks the first known instance of money flowing from the Republican megadonor to the Supreme Court justice. The Crow company bought the properties for $133,363 from three co-owners — Thomas, his mother and the family of Thomas’ late brother, according to a state tax document and a deed dated Oct. 15, 2014, filed at the Chatham County courthouse.

The purchase put Crow in an unusual position: He now owned the house where the justice’s elderly mother was living. Soon after the sale was completed, contractors began work on tens of thousands of dollars of improvements on the two-bedroom, one-bathroom home, which looks out onto a patch of orange trees. The renovations included a carport, a repaired roof and a new fence and gates, according to city permit records and blueprints.

A federal disclosure law passed after Watergate requires justices and other officials to disclose the details of most real estate sales over $1,000. Thomas never disclosed his sale of the Savannah properties. That appears to be a violation of the law, four ethics law experts told ProPublica.

The disclosure form Thomas filed for that year also had a space to report the identity of the buyer in any private transaction, such as a real estate deal. That space is blank.

“He needed to report his interest in the sale,” said Virginia Canter, a former government ethics lawyer now at the watchdog group CREW. “Given the role Crow has played in subsidizing the lifestyle of Thomas and his wife, you have to wonder if this was an effort to put cash in their pockets.”

Thomas did not respond to detailed questions for this story.

In a statement, Crow said he purchased Thomas’ mother’s house, where Thomas spent part of his childhood, to preserve it for posterity. “My intention is to one day create a public museum at the Thomas home dedicated to telling the story of our nation’s second black Supreme Court Justice,” he said. “I approached the Thomas family about my desire to maintain this historic site so future generations could learn about the inspiring life of one of our greatest Americans.”

Crow’s statement did not directly address why he also bought two vacant lots from Thomas down the street. But he wrote that “the other lots were later sold to a vetted builder who was committed to improving the quality of the neighborhood and preserving its historical integrity.”

ProPublica also asked Crow about the additions on Thomas’ mother’s house, like the new carport. “Improvements were also made to the Thomas property to preserve its long-term viability and accessibility to the public,” Crow said.

Ethics law experts said Crow’s intentions had no bearing on Thomas’ legal obligation to disclose the sale.

The justice’s failure to report the transaction suggests “Thomas was hiding a financial relationship with Crow,” said Kathleen Clark, a legal ethics expert at Washington University in St. Louis who reviewed years of Thomas’ disclosure filings.

There are a handful of carve-outs in the disclosure law. For example, if someone sells “property used solely as a personal residence of the reporting individual or the individual’s spouse,” they don’t need to report it. Experts said the exemptions clearly did not apply to Thomas’ sale.

The revelation of a direct financial transaction between Thomas and Crow casts their relationship in a new light. ProPublica reported last week that Thomas has accepted luxury travel from Crow virtually every year for decades, including private jet flights, international cruises on the businessman’s superyacht and regular stays at his private resort in the Adirondacks. Crow has long been influential in conservative politics and has spent millions on efforts to shape the law and the judiciary. The story prompted outcry and calls for investigations from Democratic lawmakers.

In response to that reporting, both Thomas and Crow released statements downplaying the significance of the gifts. Thomas also maintained that he wasn’t required to disclose the trips.

“Harlan and Kathy Crow are among our dearest friends,” Thomas wrote. “As friends do, we have joined them on a number of family trips.” Crow told ProPublica that his gifts to Thomas were “no different from the hospitality we have extended to our many other dear friends.”

It’s unclear if Crow paid fair market value for the Thomas properties. Crow also bought several other properties on the street and paid significantly less than his deal with the Thomases. One example: In 2013, he bought a pair of properties on the same block — a vacant lot and a small house — for a total of $40,000.

In his statement, Crow said his company purchased the properties “at market rate based on many factors including the size, quality, and livability of the dwellings.”

He did not respond to requests to provide documentation or details of how he arrived at the price.

Thomas was born in the coastal hamlet of Pin Point, outside Savannah. He later moved to the city, where he spent part of his childhood in his grandfather’s home on East 32nd Street.

“It had hardwood floors, handsome furniture, and an indoor bathroom, and we knew better than to touch anything,” Thomas wrote of the house in his memoir, “My Grandfather’s Son.”

He inherited his stake in that house and two other properties on the block following the death of his grandfather in 1983, according to records on file at the Chatham County courthouse. He shared ownership with his brother and his mother, Leola Williams. In the late 1980s, when Thomas was an official in the George H.W. Bush administration, he listed the addresses of the three properties in a disclosure filing. He reported that he had a one-third interest in them.

Thomas was confirmed to the Supreme Court in 1991. By the early 2000s, he had stopped listing specific addresses of property he owned in his disclosures. But he continued to report holding a one-third interest in what he described as “rental property at ## 1, 2, & 3” in Savannah. He valued his stake in the properties at $15,000 or less.

Two of the houses were torn down around 2010, according to property records and a footnote in Thomas’ annual disclosure archived by Free Law Project.

In 2014, the Thomas family sold the vacant lots and the remaining East 32nd Street house to one of Crow’s companies. The justice signed the paperwork personally. His signature was notarized by an administrator at the Supreme Court, Perry Thompson, who did not respond to a request for comment. (The deed was signed on the 23rd anniversary of Thomas’ Oct. 15 confirmation to the Supreme Court. Crow has a Senate roll call sheet from the confirmation vote in his private library.)

Thomas’ financial disclosure for that year is detailed, listing everything from a “stained glass medallion” he received from Yale to a life insurance policy. But he failed to report his sale to Crow.

Crow purchased the properties through a recently formed Texas company called Savannah Historic Developments LLC. The company shares an address in Dallas with Crow Holdings, the centerpiece of his real estate empire. Its formation documents were signed by Crow Holdings’ general counsel. Business records filed with the Texas secretary of state say Savannah Historic Developments is managed by a Delaware LLC, HRC Family Branch GP, an umbrella company that also covers other Crow assets like his private jet. The Delaware company’s CEO is Harlan Crow.

A Crow Holdings company soon began paying the roughly $1,500 in annual property taxes on Thomas’ mother’s house, according to county tax records. The taxes had previously been paid by Clarence and Ginni Thomas.

Crow still owns Thomas’ mother’s home, which the now-94-year-old continued to live in through at least 2020, according to public records and social media. Two neighbors told ProPublica she still lives there. Crow did not respond to questions about whether he has charged her rent. Soon after Crow purchased the house, an award-winning local architecture firm received permits to begin $36,000 of improvements.

Crow’s purchases seem to have played a role in transforming the block. The billionaire eventually sold most of the other properties he bought to new owners who built upscale modern homes, including the two vacant lots he purchased from Thomas.

Crow also bought the house immediately next door to Thomas’ mother, which was owned by somebody else and had been known for parties and noise, according to property records and W. John Mitchell, former president of a nearby neighborhood association. Soon the house was torn down. “It was an eyesore,” Mitchell said. “One day miraculously all of them were put out of there and they scraped it off the earth.”

“The surrounding properties had fallen into disrepair and needed to be demolished for health and safety reasons,” Crow said in his statement. He added that his company built one new house on the block “and made it available to a local police officer.”

Today, the block is composed of a dwindling number of longtime elderly homeowners and a growing population of young newcomers. The vacant lots that the Thomas family once owned have been replaced by pristine two-story homes. An artisanal coffee shop and a Mediterranean bistro are within walking distance. Down the street, a multicolored pride flag blows in the wind.

Do you have any tips on the courts? Justin Elliott can be reached by email at justin@propublica.org or by Signal or WhatsApp at 774-826-6240. Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383.

Congress members announce hearing and demand chief justice investigate Clarence Thomas’ trips

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Democrats on the Senate Judiciary Committee on Monday announced plans to hold a hearing in the coming days “regarding the need to restore confidence in the Supreme Court’s ethical standards,” citing ProPublica’s reporting on over 20 years’ worth of luxury travel accepted by Supreme Court Justice Clarence Thomas from a billionaire Republican megadonor.

The planned hearing is detailed in a letter to Chief Justice John Roberts and follows comments made by the committee chair, Illinois Sen. Dick Durbin, last week in which he called for an “enforceable code of conduct” for the justices.

If “the Court does not resolve this issue on its own, the Committee will consider legislation to resolve it,” the letter said.

Monday’s letter echoed a call from 22 Democratic lawmakers last week for Roberts to launch an investigation into Thomas’ trips and his failure to report them. That group included members of both the House and Senate judiciary committees.

In their separate letter to Roberts, those lawmakers — including Rhode Island Sen. Sheldon Whitehouse and Georgia Rep. Hank Johnsonwrote that as chief justice, Roberts is duty-bound to conduct a “swift, thorough, independent and transparent investigation” in order to “safeguard public faith in the judiciary.”

Both letters hinted at congressional action to strengthen the court’s rules around ethics and disclosure. The court “has barely acknowledged, much less investigated” the details reported by ProPublica, the lawmakers wrote Friday, citing their alarm over “allegations of unethical, and potentially unlawful, conduct at the Supreme Court.”

“Should the Supreme Court continue to refuse to act swiftly on these matters,” the letter added, “we will continue to press Congress to act to restore accountability and ethics at the highest Court in the land.”

The flurry of activity by the lawmakers comes in response to ProPublica’s report revealing that for years, Thomas had accepted luxury trips from Dallas billionaire Harlan Crow without disclosing them. The trips included international cruises on Crow’s superyacht, flights on Crow’s private jet and regular summer getaways at Crow’s private lakeside resort in the Adirondacks.

A Supreme Court spokesperson didn’t immediately respond to a request for comment on the letters.

In a brief statement on Friday, Thomas cited “guidance from my colleagues and others in the judiciary” that “this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable.”

Crow previously told ProPublica that he and his wife never discussed a pending case with Thomas and had “never sought to influence Justice Thomas on any legal or political issue.” He also said that he is “unaware of any of our friends ever lobbying or seeking to influence Justice Thomas on any case, and I would never invite anyone who I believe had any intention of doing that.”

An ethics law passed after the Watergate scandal requires justices and other federal officials to disclose most gifts to the public. That law, legal ethics experts told ProPublica, clearly mandates that gifts of transportation, including private jet flights, be reported.

Urging the court to adopt stricter rules on Monday, Senate Judiciary Committee members noted that justices’ “ethical standards” have raised concerns before. They pointed to a series of articles in 2011 that revealed some of the close ties between Thomas and Crow.

“This problem could have been resolved then. Instead, according to ProPublica’s reporting, Mr. Crow’s dispensation of favors escalated in secret during the years that followed. Now the Court faces a crisis of public confidence in its ethical standards that must be addressed,” they wrote.

In the letter sent last week, the Democrats — whose ranks include Sen. Richard Blumenthal of Connecticut, Sen. Elizabeth Warren of Massachusetts, Rep. Jerry Nadler of New York and Rep. Adam Schiff of California — cited a pressing need for updated rules for the court. “It is well past time for the Supreme Court to align with the rest of government in a proper code of ethics enforced by independent investigation and reporting,” they wrote.

The lawmakers also questioned Thomas’ defense, noting that the so-called personal hospitality exemption to the law is “not meant to allow government officials to hide from the public extravagant gifts by wealthy political interests.”

And they raised concerns around the broader ethical implications of a Supreme Court justice taking undisclosed trips with other guests, calling for more robust disclosure and ethics rules for the court. In one instance detailed in ProPublica’s report, Thomas was joined at Crow’s Adirondacks resort by corporate executives, major Republican donors and one of the leaders of the American Enterprise Institute, a conservative think tank.

Whitehouse and others have already introduced a bill this year aimed at tightening the court’s rules, among other reforms.

Spokespeople for Ohio Rep. Jim Jordan, the Republican chairman of the House Judiciary Committee, and South Carolina Sen. Lindsey Graham, the ranking Republican on the Senate Judiciary Committee, did not immediately respond to requests for comment.

Revealed: Clarence Thomas’ luxury lifestyle 'is being subsidized' by a billionaire GOP megadonor

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In late June 2019, right after the U.S. Supreme Court released its final opinion of the term, Justice Clarence Thomas boarded a large private jet headed to Indonesia. He and his wife were going on vacation: nine days of island-hopping in a volcanic archipelago on a superyacht staffed by a coterie of attendants and a private chef.

If Thomas had chartered the plane and the 162-foot yacht himself, the total cost of the trip could have exceeded $500,000. Fortunately for him, that wasn’t necessary: He was on vacation with real estate magnate and Republican megadonor Harlan Crow, who owned the jet — and the yacht, too.

For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.

The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court.

These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said.

Thomas did not respond to a detailed list of questions.

In a statement, Crow acknowledged that he’d extended “hospitality” to the Thomases “over the years,” but said that Thomas never asked for any of it and it was “no different from the hospitality we have extended to our many other dear friends.”

Through his largesse, Crow has gained a unique form of access, spending days in private with one of the most powerful people in the country. By accepting the trips, Thomas has broken long-standing norms for judges’ conduct, ethics experts and four current or retired federal judges said.

“It’s incomprehensible to me that someone would do this,” said Nancy Gertner, a retired federal judge appointed by President Bill Clinton. When she was on the bench, Gertner said, she was so cautious about appearances that she wouldn’t mention her title when making dinner reservations: “It was a question of not wanting to use the office for anything other than what it was intended.”

Virginia Canter, a former government ethics lawyer who served in administrations of both parties, said Thomas “seems to have completely disregarded his higher ethical obligations.”

“When a justice’s lifestyle is being subsidized by the rich and famous, it absolutely corrodes public trust,” said Canter, now at the watchdog group CREW. “Quite frankly, it makes my heart sink.”

ProPublica uncovered the details of Thomas’ travel by drawing from flight records, internal documents distributed to Crow’s employees and interviews with dozens of people ranging from his superyacht’s staff to members of the secretive Bohemian Club to an Indonesian scuba diving instructor.

Federal judges sit in a unique position of public trust. They have lifetime tenure, a privilege intended to insulate them from the pressures and potential corruption of politics. A code of conduct for federal judges below the Supreme Court requires them to avoid even the “appearance of impropriety.” Members of the high court, Chief Justice John Roberts has written, “consult” that code for guidance. The Supreme Court is left almost entirely to police itself.

There are few restrictions on what gifts justices can accept. That’s in contrast to the other branches of government. Members of Congress are generally prohibited from taking gifts worth $50 or more and would need pre-approval from an ethics committee to take many of the trips Thomas has accepted from Crow.

Thomas’ approach to ethics has already attracted public attention. Last year, Thomas didn’t recuse himself from cases that touched on the involvement of his wife, Ginni, in efforts to overturn the 2020 presidential election. While his decision generated outcry, it could not be appealed.

Crow met Thomas after he became a justice. The pair have become genuine friends, according to people who know both men. Over the years, some details of Crow’s relationship with the Thomases have emerged. In 2011, The New York Times reported on Crow’s generosity toward the justice. That same year, Politico revealed that Crow had given half a million dollars to a Tea Party group founded by Ginni Thomas, which also paid her a $120,000 salary. But the full scale of Crow’s benefactions has never been revealed.

Long an influential figure in pro-business conservative politics, Crow has spent millions on ideological efforts to shape the law and the judiciary. Crow and his firm have not had a case before the Supreme Court since Thomas joined it, though the court periodically hears major cases that directly impact the real estate industry. The details of his discussions with Thomas over the years remain unknown, and it is unclear if Crow has had any influence on the justice’s views.

In his statement, Crow said that he and his wife have never discussed a pending or lower court case with Thomas. “We have never sought to influence Justice Thomas on any legal or political issue,” he added.

In Thomas’ public appearances over the years, he has presented himself as an everyman with modest tastes.

“I don’t have any problem with going to Europe, but I prefer the United States, and I prefer seeing the regular parts of the United States,” Thomas said in a recent interview for a documentary about his life, which Crow helped finance.

“I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that. There’s something normal to me about it,” Thomas said. “I come from regular stock, and I prefer that — I prefer being around that.”

“You Don’t Need to Worry About This — It’s All Covered”

Crow’s private lakeside resort, Camp Topridge, sits in a remote corner of the Adirondacks in upstate New York. Closed off from the public by ornate wooden gates, the 105-acre property, once the summer retreat of the same heiress who built Mar-a-Lago, features an artificial waterfall and a great hall where Crow’s guests are served meals prepared by private chefs. Inside, there’s clear evidence of Crow and Thomas’ relationship: a painting of the two men at the resort, sitting outdoors smoking cigars alongside conservative political operatives. A statue of a Native American man, arms outstretched, stands at the center of the image, which is photographic in its clarity.

The painting captures a scene from around five years ago, said Sharif Tarabay, the artist who was commissioned by Crow to paint it. Thomas has been vacationing at Topridge virtually every summer for more than two decades, according to interviews with more than a dozen visitors and former resort staff, as well as records obtained by ProPublica. He has fished with a guide hired by Crow and danced at concerts put on by musicians Crow brought in. Thomas has slept at perhaps the resort’s most elegant accommodation, an opulent lodge overhanging Upper St. Regis Lake.

The mountainous area draws billionaires from across the globe. Rooms at a nearby hotel built by the Rockefellers start at $2,250 a night. Crow’s invitation-only resort is even more exclusive. Guests stay for free, enjoying Topridge’s more than 25 fireplaces, three boathouses, clay tennis court and batting cage, along with more eccentric features: a lifesize replica of the Harry Potter character Hagrid’s hut, bronze statues of gnomes and a 1950s-style soda fountain where Crow’s staff fixes milkshakes.

Crow’s access to the justice extends to anyone the businessman chooses to invite along. Thomas’ frequent vacations at Topridge have brought him into contact with corporate executives and political activists.

During just one trip in July 2017, Thomas’ fellow guests included executives at Verizon and PricewaterhouseCoopers, major Republican donors and one of the leaders of the American Enterprise Institute, a pro-business conservative think tank, according to records reviewed by ProPublica. The painting of Thomas at Topridge shows him in conversation with Leonard Leo, the Federalist Society leader regarded as an architect of the Supreme Court’s recent turn to the right.

In his statement to ProPublica, Crow said he is “unaware of any of our friends ever lobbying or seeking to influence Justice Thomas on any case, and I would never invite anyone who I believe had any intention of doing that.”

“These are gatherings of friends,” Crow said.

Crow has deep connections in conservative politics. The heir to a real estate fortune, Crow oversees his family’s business empire and recently named Marxism as his greatest fear. He was an early patron of the powerful anti-tax group Club for Growth and has been on the board of AEI for over 25 years. He also sits on the board of the Hoover Institution, another conservative think tank.

A major Republican donor for decades, Crow has given more than $10 million in publicly disclosed political contributions. He’s also given to groups that keep their donors secret — how much of this so-called dark money he’s given and to whom are not fully known. “I don’t disclose what I’m not required to disclose,” Crow once told the Times.

Crow has long supported efforts to move the judiciary to the right. He has donated to the Federalist Society and given millions of dollars to groups dedicated to tort reform and conservative jurisprudence. AEI and the Hoover Institution publish scholarship advancing conservative legal theories, and fellows at the think tanks occasionally file amicus briefs with the Supreme Court.

On the court since 1991, Thomas is a deeply conservative jurist known for his “originalism,” an approach that seeks to adhere to close readings of the text of the Constitution. While he has been resolute in this general approach, his views on specific matters have sometimes evolved. Recently, Thomas harshly criticized one of his own earlier opinions as he embraced a legal theory, newly popular on the right, that would limit government regulation. Small evolutions in a justice’s thinking or even select words used in an opinion can affect entire bodies of law, and shifts in Thomas’ views can be especially consequential. He’s taken unorthodox legal positions that have been adopted by the court’s majority years down the line.

Soon after Crow met Thomas three decades ago, he began lavishing the justice with gifts, including a $19,000 bible that belonged to Frederick Douglass, which Thomas disclosed. Recently, Crow gave Thomas a portrait of the justice and his wife, according to Tarabay, who painted it. Crow’s foundation also gave $105,000 to Yale Law School, Thomas’ alma mater, for the “Justice Thomas Portrait Fund,” tax filings show.

Crow said that he and his wife have funded a number of projects that celebrate Thomas. “We believe it is important to make sure as many people as possible learn about him, remember him and understand the ideals for which he stands,” he said.

To trace Thomas’ trips around the world on Crow’s superyacht, ProPublica spoke to more than 15 former yacht workers and tour guides and obtained records documenting the ship’s travels.

On the Indonesia trip in the summer of 2019, Thomas flew to the country on Crow’s jet, according to another passenger on the plane. Clarence and Ginni Thomas were traveling with Crow and his wife, Kathy. Crow’s yacht, the Michaela Rose, decked out with motorboats and a giant inflatable rubber duck, met the travelers at a fishing town on the island of Flores.

Touring the Lesser Sunda Islands, the group made stops at Komodo National Park, home of the eponymous reptiles; at the volcanic lakes of Mount Kelimutu; and at Pantai Meko, a spit of pristine beach accessible only by boat. Another guest was Mark Paoletta, a friend of the Thomases then serving as the general counsel of the Office of Management and Budget in the administration of President Donald Trump.

Paoletta was bound by executive branch ethics rules at the time and told ProPublica that he discussed the trip with an ethics lawyer at his agency before accepting the Crows’ invitation. “Based on that counsel’s advice, I reimbursed Harlan for the costs,” Paoletta said in an email. He did not respond to a question about how much he paid Crow.

(Paoletta has long been a pugnacious defender of Thomas and recently testified before Congress against strengthening judicial ethics rules. “There is nothing wrong with ethics or recusals at the Supreme Court,” he said, adding, “To support any reform legislation right now would be to validate these vicious political attacks on the Supreme Court,” referring to criticism of Thomas and his wife.)

The Indonesia vacation wasn’t Thomas’ first time on the Michaela Rose. He went on a river day trip around Savannah, Georgia, and an extended cruise in New Zealand roughly a decade ago.

As a token of his appreciation, he gave one yacht worker a copy of his memoir. Thomas signed the book: “Thank you so much for all your hard work on our New Zealand adventure.”

Crow’s policy was that guests didn’t pay, former Michaela Rose staff said. “You don’t need to worry about this — it’s all covered,” one recalled the guests being told.

There’s evidence Thomas has taken even more trips on the superyacht. Crow often gave his guests custom polo shirts commemorating their vacations, according to staff. ProPublica found photographs of Thomas wearing at least two of those shirts. In one, he wears a blue polo shirt embroidered with the Michaela Rose’s logo and the words “March 2007” and “Greek Islands.”

Thomas didn’t report any of the trips ProPublica identified on his annual financial disclosures. Ethics experts said the law clearly requires disclosure for private jet flights and Thomas appears to have violated it.

Justices are generally required to publicly report all gifts worth more than $415, defined as “anything of value” that isn’t fully reimbursed. There are exceptions: If someone hosts a justice at their own property, free food and lodging don’t have to be disclosed. That would exempt dinner at a friend’s house. The exemption never applied to transportation, such as private jet flights, experts said, a fact that was made explicit in recently updated filing instructions for the judiciary.

Two ethics law experts told ProPublica that Thomas’ yacht cruises, a form of transportation, also required disclosure.

“If Justice Thomas received free travel on private planes and yachts, failure to report the gifts is a violation of the disclosure law,” said Kedric Payne, senior director for ethics at the nonprofit government watchdog Campaign Legal Center. (Thomas himself once reported receiving a private jet trip from Crow, on his disclosure for 1997.)

The experts said Thomas’ stays at Topridge may have required disclosure too, in part because Crow owns it not personally but through a company. Until recently, the judiciary’s ethics guidance didn’t explicitly address the ownership issue. The recent update to the filing instructions clarifies that disclosure is required for such stays.

How many times Thomas failed to disclose trips remains unclear. Flight records from the Federal Aviation Administration and FlightAware suggest he makes regular use of Crow’s plane. The jet often follows a pattern: from its home base in Dallas to Washington Dulles airport for a brief stop, then on to a destination Thomas is visiting and back again.

ProPublica identified five such trips in addition to the Indonesia vacation.

On July 7 last year, Crow’s jet made a 40-minute stop at Dulles and then flew to a small airport near Topridge, returning to Dulles six days later. Thomas was at the resort that week for his regular summer visit, according to a person who was there. Twice in recent years, the jet has followed the pattern when Thomas appeared at Crow’s properties in Dallas — once for the Jan. 4, 2018, swearing-in of Fifth Circuit Judge James Ho at Crow’s private library and again for a conservative think tank conference Crow hosted last May.

Thomas has even used the plane for a three-hour trip. On Feb. 11, 2016, the plane flew from Dallas to Dulles to New Haven, Connecticut, before flying back later that afternoon. ProPublica confirmed that Thomas was on the jet through Supreme Court security records obtained by the nonprofit Fix the Court, private jet data, a New Haven plane spotter and another person at the airport. There are no reports of Thomas making a public appearance that day, and the purpose of the trip remains unclear.

Jet charter companies told ProPublica that renting an equivalent plane for the New Haven trip could cost around $70,000.

On the weekend of Oct. 16, 2021, Crow’s jet repeated the pattern. That weekend, Thomas and Crow traveled to a Catholic cemetery in a bucolic suburb of New York City. They were there for the unveiling of a bronze statue of the justice’s beloved eighth grade teacher, a nun, according to Catholic Cemetery magazine.

As Thomas spoke from a lectern, the monument towered over him, standing 7 feet tall and weighing 1,800 pounds, its granite base inscribed with words his teacher once told him. Thomas told the nuns assembled before him, “This extraordinary statue is dedicated to you sisters.”

He also thanked the donors who paid for the statue: Harlan and Kathy Crow.

They were trying to help run elections. Then they were criminally investigated

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In the wake of the 2020 presidential election, Republican officials around the country have been giving increasing attention and resources to investigating election crimes. Most have focused on the alleged wrongdoing of voters.

But Texas Attorney General Ken Paxton is also working a different angle: His office has been criminally investigating the people who help run elections.

Over the past two years, Paxton’s office opened at least 10 investigations into alleged crimes by election workers, a more extensive effort than previously known, according to records obtained by ProPublica. One of his probes was spurred by a complaint from a county GOP chair, who lost her reelection bid in a landslide. She then refused to certify the results, citing “an active investigation” by the attorney general.

In at least two of the cases, Paxton’s office unsuccessfully tried to indict election workers, attempts that were first reported by the Austin American-Statesman. In the remaining eight investigations identified by ProPublica, it is unclear just how far the probes went. As of mid-October, none of the cases resulted in criminal charges.

The attorney general’s office did not respond to repeated requests for comment.

Most of Paxton’s investigations of election workers center on allegations of obstructing a poll watcher, which is banned by a controversial and recently expanded law that experts fear could open the door for turmoil in the election process. Texas is one of the few states where blocking the view or limiting the movements of poll watchers — partisan volunteers who monitor election sites — can bring criminal penalties. Obstruction is a misdemeanor punishable by up to a year in jail.

Experts worry such investigations could exact a stiff price, chilling participation in the process, slowing down elections and fostering misinformation and distrust in the vote. These probes may be a harbinger of potential chaos in the midterms.

“To have law enforcement policing around and creating the perception that these elections are not secure is doing enormous damage to democracy,” said Lorraine Minnite, a political scientist at Rutgers University, Camden who has studied voter fraud allegations.

Paxton, who has been under a securities fraud indictment for seven years, has touted his eagerness to pursue election-related crimes. He created a unit dedicated to doing so five years ago, long before so-called election integrity units became a trend in Republican-controlled states. (He’s denied wrongdoing in the ongoing securities fraud case.)

Between January 2020 and September 2022, records show, the office opened at least 390 cases looking into potential election crimes. That includes criminal investigations of both voters and election workers. It’s not clear how many cases Paxton’s office attempted to prosecute. But the records show that, like other prosecutors’ efforts around the country, Paxton often comes up empty. His office secured five election-related convictions during that period.

A skeptic of the legitimacy of President Joe Biden’s election, Paxton has been soliciting tips from the public about the upcoming midterms, during which he will be operating with broad new powers. Last year, the Texas Legislature dramatically expanded the state’s ability to pursue criminal sanctions against election officials. This year’s midterms will be the first general election where law enforcement could use the new criminal statutes to prosecute.

Paxton will also be sending a “task force” to Harris County, which contains Houston, a Democratic stronghold, to respond to “legal issues” with the election, according to a letter from the Texas secretary of state. Paxton is up for reelection in the midterms, in a race that polls indicate could be close.

America’s voting system depends on the thousands of public employees and volunteers, often retirees, who do the tedious job of managing elections. Officials have long reported challenges in recruiting enough poll workers to run elections efficiently. Now, prospective poll workers may find themselves wrestling with the possibility of facing criminal charges.

This growing scrutiny and animosity have taken a toll. Officials have resigned en masse, as conspiracy theories and physical threats have increasingly become a part of the job. Over the last two years, roughly a third of Texas’ election administrators have left their posts, according to the Texas secretary of state.

Paxton’s election worker investigations span large, heavily Democratic cities and deep-red rural counties alike. Some officials learned they were under scrutiny when they were contacted by sergeants in Paxton’s office. Others told ProPublica they were unaware an investigation had occurred. At least five suspects were in their 60s or 70s. Several cases were prompted by a referral from the Texas secretary of state. Others stemmed from complaints made by small-town sheriffs or voters.

Sam Taylor, a spokesperson for the secretary of state, said the office is required to refer complaints to the attorney general if there is reasonable cause to believe a crime occurred.

Dana DeBeauvoir said she has already seen the impact of Paxton’s efforts on the ground — and in her own life. She told ProPublica that in her 36 years as the top election official in Travis County, where Austin is located, nothing compared to the disruption she saw in the 2020 election.

When an unmasked poll watcher named Jennifer Fleck began photographing the counting of ballots, which was against the rules, a volunteer asked her to leave. Fleck refused, then began screaming and banging on the window of the room where votes were being counted, DeBeauvoir said. Ultimately, the police arrived, arrested Fleck and charged her with criminal trespass.

Officers allegedly found that Fleck had a “button camera on her shirt” connected to a “recording device that had been secreted in Fleck’s pants,” according to police records. Fleck also faces a perjury charge because she swore in an affidavit that she would not use recording devices. The case is pending.

Weeks later, DeBeauvoir said, the county attorney informed her that Paxton’s office had a different view of the incident: DeBeauvoir herself was now the subject of a criminal investigation. Attorneys advised her to not speak about the case.

“I never felt more alone,” DeBeauvoir said. “Everything that was being said was completely untrue. And I could not defend myself.”

The next year, Paxton attempted to prosecute DeBeauvoir for obstructing a poll watcher, court records show. In an unusual move, when his office brought her case before a grand jury, prosecutors didn’t do it in Travis County — where DeBeauvoir lives and the incident took place — but in a suburban county that is more conservative.

Yet, in a rarity for the criminal justice system, the grand jury in April 2021 declined to indict her.

“I was completely terrified” by the investigation, DeBeauvoir said.

Fleck did not immediately respond to requests for comment.

Among the new powers Paxton will now be able to wield: The Legislature made it a felony for an election official to send a mail-in voting application to a person who didn’t request one. It gave new authority to poll watchers, allowing them “free movement” around voting facilities. And it broadened the obstruction statute Paxton had used to try to prosecute officials like DeBeauvoir.

“We’ve seen this kind of onslaught of laws that are essentially treating voting booths like crime scenes,” said Liz Avore, senior policy adviser at Voting Rights Lab, a nonprofit that analyzes election legislation. She said Texas’ new poll-watching provisions could hamstring election officials who witness partisan volunteers harassing voters and make it hard to keep polling places “a safe place for voters to cast their ballots.”

Even when investigations don’t result in criminal charges, they can be used as a pretext to disrupt the election process.

In 2020, Cynthia Brehm was running for reelection as chair of the Bexar County Republican Party. She secured more votes than any other candidate in the March primary, but it was a close race and she’d have to go through a runoff to retain her seat. In June, Brehm made a Facebook post suggesting George Floyd’s death was staged. Sen. Ted Cruz and other top Texas Republicans called for her to resign. Her chances were starting to look bleak.

Then Brehm made a move that would have surprising consequences. She filed a complaint with Paxton’s office about the election, records show, prompting the attorney general to open a criminal investigation into the county elections administrator.

A police report details what the official stood accused of. First, that the primary results were incorrect. Second, that there were “several other” allegations “that include obstructing poll watchers.”

In July, Brehm lost in the runoff by 32 points. But as party chair, she held the authority to certify the results. She refused to do so — pointing to the fruits of her complaint.

“The Texas Attorney General has an active investigation ongoing into the results of the Primary Election,” Brehm wrote in a press release justifying her decision. “I Cynthia Brehm, have determined that every aspect of this election has been severely compromised.”

In response to a public records request, Paxton’s office said the investigation into the elections administrator, Jacquelyn Callanen, is now closed. Brehm and Callanen did not respond to requests for comment. The winning candidate ultimately took over Brehm’s post.

At least three suspects in Paxton’s investigations were the top election officials in their counties, but his probes have also ensnared volunteers. In 2020, Robert Icsezen, a Houston-based attorney and self-described “election nerd,” volunteered to serve on his county’s signature verification committee, which is responsible for checking the signatures on mail-in ballots. On Oct. 14, a poll watcher asked Icsezen to let her into the area where ballots were being processed, he said. He thought that wasn’t permitted and turned her away. Later that morning, he received a call from a local official, who told him the secretary of state’s office said he needed to let the poll watcher in. The woman never returned, Icsezen said.

Shortly thereafter, an officer in Paxton’s election police unit contacted Icsezen. Assuming it was all a misunderstanding, Icsezen agreed to speak with him, he said.

Eight months later, Paxton’s office brought the case before a grand jury and unsuccessfully tried to indict Icsezen for obstructing a poll watcher, records show.

“I have four kids,” Icsezen told ProPublica. “There could have been cops coming to my door to cuff me and take me away.”

He will not volunteer to help in another election, he said.

Texts show Kimberly Guilfoyle bragged about raising millions for rally that fueled Capitol riot

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: The Insurrection

The Effort to Overturn the Election

Kimberly Guilfoyle, a top fundraiser for former President Donald Trump and the girlfriend of his son Donald Trump Jr., boasted to a GOP operative that she had raised $3 million for the rally that helped fuel the Jan. 6 Capitol riot.

In a series of text messages sent on Jan. 4 to Katrina Pierson, the White House liaison to the event, Guilfoyle detailed her fundraising efforts and supported a push to get far-right speakers on the stage alongside Trump for the rally, which sought to overturn the election of President Joe Biden.

Guilfoyle's texts, reviewed by ProPublica, represent the strongest indication yet that members of the Trump family circle were directly involved in the financing and organization of the rally. The attack on the Capitol that followed it left five dead and scores injured.

A House select committee investigating the events of Jan. 6 has subpoenaed more than 30 Trump allies for testimony and documents, including Pierson and Caroline Wren, a former deputy to Guilfoyle. But Guilfoyle herself has so far not received any official scrutiny from Congress.

Guilfoyle's attorney, Joe Tacopina, denied that Guilfoyle had anything to do with fundraising or approving speakers. He said the text from Guilfoyle “did not relate to the Save America rally" on Jan. 6 and the “content of the message itself" was “inaccurate" and “taken out of context." He did not respond to additional questions asking about the accuracy and context of the message.

Reached by phone, Pierson declined to comment.

The text messages show that Guilfoyle expressed specific concerns that she might not be allowed to speak on stage at the Jan. 6 rally. Pierson responded that Trump himself set the speaking lineup and that it was limited to people he selected, including some of his children and Amy Kremer, a grassroots activist who organized the event.

Guilfoyle replied that she only wanted to introduce Trump Jr. and had "raised so much money for this."

"Literally one of my donors Julie at 3 million," she added.

Guilfoyle was referring to Julie Jenkins Fancelli, a Publix supermarket heir who Guilfoyle had developed a professional relationship with during the campaign.

Until now, Wren has been the only person identified as having worked with Fancelli. As ProPublica reported last month, Wren also boasted in private conversations with colleagues of raising $3 million for the events of Jan. 6.

It remains unclear whether that amount was really raised and, if so, how the majority of it was spent. Some of the money raised from Fancelli flowed to dark money groups that supported the rally, according to wire transfers described to ProPublica, planning documents and interviews with insiders.

In a statement from her attorney, Wren acknowledged helping to produce the rally but did not provide further details about her role in fundraising.

“To Ms. Wren's knowledge, Kimberly Guilfoyle had no involvement in raising funds for any events on January 6th," the statement said. “They were both present at a peaceful rally with hundreds of thousands of Americans who were in DC to lawfully exercise their first amendment rights, a primary pillar of American democracy."

The texts between Guilfoyle and Pierson and interviews with Trump officials also suggest that Guilfoyle attempted to influence the lineup of speakers scheduled to appear at the event.

On the night of Jan. 5, Trump Jr., Guilfoyle and Wren attended an event at the Trump International Hotel in Washington, where Trump donors mingled with prominent figures in the movement to overturn the election, according to interviews and social media posts from attendees.

Around the time of that event, Wren called rally staff and urged them to allow speaking roles for Ali Alexander, a far-right provocateur and leader of the Stop the Steal movement; Roger Stone, a former Trump advisor; and conspiracy theorist and InfoWars leader Alex Jones, according to a former campaign official who was told details of the call by people who listened to it.

Trump aides had already deemed the men too radical to go on stage, worrying they might embarrass the president.

During the call, Guilfoyle voiced her support for the controversial speakers, the former campaign official was told. She also specifically demanded that Texas Attorney General Ken Paxton, who had sued to challenge election results in four other states, address the crowd. Alexander later said on a newscast that he also received a call from Guilfoyle that same evening.

Tacopina, Guilfoyle's lawyer, said she did not urge staffers to change the speakers. "Your contention that Ms. Guilfoyle approved a speaking list for January 6th is patently false," he wrote. He threatened to “aggressively pursue all legal remedies available" against ProPublica.

But the texts show Guilfoyle and Pierson talking about a “leaked" speaking list — an apparent reference to an article about the Jan. 6 rally published by the conservative news website Breitbart the day before.

That list included Alexander, Stone and Paxton, among others.

“All I know is that someone leaked a list of 'speakers' that the WH had not seen or approved," Pierson wrote. “I've never had so much interference."

Guilfoyle responded: “Yea and this the list we approved."

Tacopina did not answer further questions about what Guilfoyle meant in the text where she said "we" had approved a speaking list.

Untangling the relationship between Guilfoyle, Wren and Fancelli is key to understanding the financing of the events of Jan. 6.

In January 2020, Guilfoyle was appointed national chair of the Trump Victory finance committee, a leading fundraising vehicle for Trump's reelection campaign. She brought Wren on as her deputy.

Guilfoyle, through her relationship with Trump Jr., had access to the family and a certain star power that appealed to donors. Wren, by all accounts a relentless, high-energy worker, brought fundraising expertise and a Rolodex of wealthy Republicans willing to invest handsomely to keep Trump in office. The duo ultimately brought in tens of millions of dollars toward Trump's reelection.

The pair focused primarily on ramping up the campaign's “bundling" program, a method of fundraising that relies on volunteers collecting money from their personal networks.

Fancelli, a reclusive member of one of the country's richest families, was one of those volunteers, according to interviews and internal Trump Victory records. Splitting her time between Florida and Italy, Fancelli raised at least $72,000 from her friends and family.

She stood out to Wren and Guilfoyle, who in 2020 considered her for a role as Florida state co-chair for the bundling program, according to an internal Trump Victory planning document reviewed by ProPublica. The document highlighted Fancelli as a person Guilfoyle should contact personally.

Tacopina said Guilfoyle had never seen any such document "nor is aware of its supposed existence."

On or just before July 14, 2020, Guilfoyle called Fancelli directly, according to a different set of text messages reviewed by ProPublica. The next day, Fancelli made her largest federal political contribution to date, according to campaign finance records: $250,000 to Trump Victory.

By election night, she had chipped in $565,000 more, records show.

Tacopina did not address the July 2020 phone call in his statement and did not respond to questions about Guilfoyle's relationship with Fancelli. Fancelli did not respond to requests for comment.

After the election, Wren became the main fundraising consultant for a newly formed super PAC run by two of Trump Jr.'s closest aides. The super PAC, called “Save the US Senate PAC," placed ads starring Trump Jr. in which he encouraged Georgians to vote Republican in the bitterly contested runoff elections that would result in Democratic control of the Senate.

That PAC was primarily funded by LJ Management Services Inc., a company closely linked to Fancelli's family foundation. It gave $800,000 to the PAC in several installments, records show.

In late December, Wren became involved in the rally preparations for Jan. 6.

Wren told multiple organizers interviewed by ProPublica that she was carrying out the wishes of the Trump family. Some believed her and feared that defying her would upset the Trumps. Others suspected she was exaggerating.

“Caroline kept talking about her connections to Don Jr. and Kimberly Guilfoyle," said Cindy Chafian, a rally organizer who told ProPublica she was put in touch with Wren and Fancelli by Alex Jones. “I thought she was full of crap."

As ProPublica previously reported, Wren told Dustin Stockton, another rally organizer, that she had raised $3 million for Jan. 6 and “parked" funds with three Republican dark money groups supporting the rally.

In one case, Wren routed roughly $150,000 from Fancelli to the Republican Attorneys General Association's Rule of Law Defense Fund, which then purchased a robocall instructing Trump supporters to come to Washington and march on the Capitol after the president's speech. The robocall was purchased in order to satisfy the conditions of the donation, a person familiar with the transaction told ProPublica.

ProPublica also reported that Wren had pressured rally organizers to allow Jones and other far-right leaders to speak on stage before the president. The effort grew so intense and volatile that on the morning of Jan. 6, a senior White House official suggested rally organizers call the U.S. Park Police on Wren to have her escorted off the Ellipse. Officers arrived but took no action. Wren has previously declined to comment on the incident.

Around the same time, Guilfoyle sat with Trump and other members of his inner circle in the Oval Office and discussed the growing throngs outside, according to The Washington Post. “They're just reflecting the will of the people," she reportedly told the president. “This is the will of the people."

On stage later that morning, Guilfoyle gave a rousing speech introducing Trump Jr. “We will not allow the liberals and the Democrats to steal our dream or steal our elections," Guilfoyle told the crowd.

Trump Jr. then exhorted the crowd to send a message to the Republican members of Congress who “did nothing to stop the steal."

Trump Jr. did not respond to an emailed request for comment.

Jones and Alexander left the rally early. Wren escorted the men away from the White House as they prepared to lead the march on the Capitol.

As the Capitol plunged into chaos later that day — police officers outnumbered and overrun, lawmakers huddled behind makeshift bunkers, tear gas enshrouding the building — Guilfoyle boarded a private jet.

She was off to Florida with at least two major Trump donors, Nebraska gubernatorial candidate Charles Herbster and California entrepreneur Richard Kofoed, who had chartered the jet. The plane left Dulles International Airport at 3:47 p.m., according to aviation records. It dropped Herbster off on Florida's Amelia Island before heading for West Palm Beach. Wren listed both Kofoed and Herbster as her VIPs for the rally in planning documents. Planning documents show Cassidy Kofoed, Richard Kofoed's 23-year-old daughter, also worked with Wren on preparations for Jan. 6.

Herbster confirmed that he was on board the plane with Guilfoyle. Richard and Cassidy Kofoed did not respond to requests for comment.

In response to questions about the flight, Tacopina said that Guilfoyle lived with Kofoed and his wife at a rented property in Mar-a-Lago from approximately December 2020 through July 2021.

Guilfoyle has continued her role as a major Trump fundraiser. In October, she was put at the helm of Trump's super PAC, called Make America Great Again, Again!

Texts reveal Kimberly Guilfoyle bragging directing millions to the rally that fueled the Capitol riot

This story was first published by ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Kimberly Guilfoyle, a top fundraiser for former President Donald Trump and the girlfriend of his son Donald Trump Jr., boasted to a GOP operative that she had raised $3 million for the rally that helped fuel the Jan. 6 Capitol riot.

In a series of text messages sent on Jan. 4 to Katrina Pierson, the White House liaison to the event, Guilfoyle detailed her fundraising efforts and supported a push to get far-right speakers on the stage alongside Trump for the rally, which sought to overturn the election of President Joe Biden.

Guilfoyle's texts, reviewed by ProPublica, represent the strongest indication yet that members of the Trump family circle were directly involved in the financing and organization of the rally. The attack on the Capitol that followed it left five dead and scores injured.

A House select committee investigating the events of Jan. 6 has subpoenaed more than 30 Trump allies for testimony and documents, including Pierson and Caroline Wren, a former deputy to Guilfoyle. But Guilfoyle herself has so far not received any official scrutiny from Congress.

Guilfoyle's attorney, Joe Tacopina, denied that Guilfoyle had anything to do with fundraising or approving speakers. He said the text from Guilfoyle “did not relate to the Save America rally" on Jan. 6 and the “content of the message itself" was “inaccurate" and “taken out of context." He did not respond to additional questions asking about the accuracy and context of the message.

Reached by phone, Pierson declined to comment.

The text messages show that Guilfoyle expressed specific concerns that she might not be allowed to speak on stage at the Jan. 6 rally. Pierson responded that Trump himself set the speaking lineup and that it was limited to people he selected, including some of his children and Amy Kremer, a grassroots activist who organized the event.

Guilfoyle replied that she only wanted to introduce Trump Jr. and had "raised so much money for this."

"Literally one of my donors Julie at 3 million," she added.

Guilfoyle was referring to Julie Jenkins Fancelli, a Publix supermarket heir who Guilfoyle had developed a professional relationship with during the campaign.

Until now, Wren has been the only person identified as having worked with Fancelli. As ProPublica reported last month, Wren also boasted in private conversations with colleagues of raising $3 million for the events of Jan. 6.

It remains unclear whether that amount was really raised and, if so, how the majority of it was spent. Some of the money raised from Fancelli flowed to dark money groups that supported the rally, according to wire transfers described to ProPublica, planning documents and interviews with insiders.

In a statement from her attorney, Wren acknowledged helping to produce the rally but did not provide further details about her role in fundraising.

“To Ms. Wren's knowledge, Kimberly Guilfoyle had no involvement in raising funds for any events on January 6th," the statement said. “They were both present at a peaceful rally with hundreds of thousands of Americans who were in DC to lawfully exercise their first amendment rights, a primary pillar of American democracy."

The texts between Guilfoyle and Pierson and interviews with Trump officials also suggest that Guilfoyle attempted to influence the lineup of speakers scheduled to appear at the event.

On the night of Jan. 5, Trump Jr., Guilfoyle and Wren attended an event at the Trump International Hotel in Washington, where Trump donors mingled with prominent figures in the movement to overturn the election, according to interviews and social media posts from attendees.

Around the time of that event, Wren called rally staff and urged them to allow speaking roles for Ali Alexander, a far-right provocateur and leader of the Stop the Steal movement; Roger Stone, a former Trump advisor; and conspiracy theorist and InfoWars leader Alex Jones, according to a former campaign official who was told details of the call by people who listened to it.

Trump aides had already deemed the men too radical to go on stage, worrying they might embarrass the president.

During the call, Guilfoyle voiced her support for the controversial speakers, the former campaign official was told. She also specifically demanded that Texas Attorney General Ken Paxton, who had sued to challenge election results in four other states, address the crowd. Alexander later said on a newscast that he also received a call from Guilfoyle that same evening.

Tacopina, Guilfoyle's lawyer, said she did not urge staffers to change the speakers. "Your contention that Ms. Guilfoyle approved a speaking list for January 6th is patently false," he wrote. He threatened to “aggressively pursue all legal remedies available" against ProPublica.

But the texts show Guilfoyle and Pierson talking about a “leaked" speaking list — an apparent reference to an article about the Jan. 6 rally published by the conservative news website Breitbart the day before.

That list included Alexander, Stone and Paxton, among others.

“All I know is that someone leaked a list of 'speakers' that the WH had not seen or approved," Pierson wrote. “I've never had so much interference."

Guilfoyle responded: “Yea and this the list we approved."

Tacopina did not answer further questions about what Guilfoyle meant in the text where she said "we" had approved a speaking list.

Untangling the relationship between Guilfoyle, Wren and Fancelli is key to understanding the financing of the events of Jan. 6.

In January 2020, Guilfoyle was appointed national chair of the Trump Victory finance committee, a leading fundraising vehicle for Trump's reelection campaign. She brought Wren on as her deputy.

Guilfoyle, through her relationship with Trump Jr., had access to the family and a certain star power that appealed to donors. Wren, by all accounts a relentless, high-energy worker, brought fundraising expertise and a Rolodex of wealthy Republicans willing to invest handsomely to keep Trump in office. The duo ultimately brought in tens of millions of dollars toward Trump's reelection.

The pair focused primarily on ramping up the campaign's “bundling" program, a method of fundraising that relies on volunteers collecting money from their personal networks.

Fancelli, a reclusive member of one of the country's richest families, was one of those volunteers, according to interviews and internal Trump Victory records. Splitting her time between Florida and Italy, Fancelli raised at least $72,000 from her friends and family.

She stood out to Wren and Guilfoyle, who in 2020 considered her for a role as Florida state co-chair for the bundling program, according to an internal Trump Victory planning document reviewed by ProPublica. The document highlighted Fancelli as a person Guilfoyle should contact personally.

Tacopina said Guilfoyle had never seen any such document "nor is aware of its supposed existence."

On or just before July 14, 2020, Guilfoyle called Fancelli directly, according to a different set of text messages reviewed by ProPublica. The next day, Fancelli made her largest federal political contribution to date, according to campaign finance records: $250,000 to Trump Victory.

By election night, she had chipped in $565,000 more, records show.

Tacopina did not address the July 2020 phone call in his statement and did not respond to questions about Guilfoyle's relationship with Fancelli. Fancelli did not respond to requests for comment.

After the election, Wren became the main fundraising consultant for a newly formed super PAC run by two of Trump Jr.'s closest aides. The super PAC, called “Save the US Senate PAC," placed ads starring Trump Jr. in which he encouraged Georgians to vote Republican in the bitterly contested runoff elections that would result in Democratic control of the Senate.

That PAC was primarily funded by LJ Management Services Inc., a company closely linked to Fancelli's family foundation. It gave $800,000 to the PAC in several installments, records show.

In late December, Wren became involved in the rally preparations for Jan. 6.

Wren told multiple organizers interviewed by ProPublica that she was carrying out the wishes of the Trump family. Some believed her and feared that defying her would upset the Trumps. Others suspected she was exaggerating.

“Caroline kept talking about her connections to Don Jr. and Kimberly Guilfoyle," said Cindy Chafian, a rally organizer who told ProPublica she was put in touch with Wren and Fancelli by Alex Jones. “I thought she was full of crap."

As ProPublica previously reported, Wren told Dustin Stockton, another rally organizer, that she had raised $3 million for Jan. 6 and “parked" funds with three Republican dark money groups supporting the rally.

In one case, Wren routed roughly $150,000 from Fancelli to the Republican Attorneys General Association's Rule of Law Defense Fund, which then purchased a robocall instructing Trump supporters to come to Washington and march on the Capitol after the president's speech. The robocall was purchased in order to satisfy the conditions of the donation, a person familiar with the transaction told ProPublica.

ProPublica also reported that Wren had pressured rally organizers to allow Jones and other far-right leaders to speak on stage before the president. The effort grew so intense and volatile that on the morning of Jan. 6, a senior White House official suggested rally organizers call the U.S. Park Police on Wren to have her escorted off the Ellipse. Officers arrived but took no action. Wren has previously declined to comment on the incident.

Around the same time, Guilfoyle sat with Trump and other members of his inner circle in the Oval Office and discussed the growing throngs outside, according to The Washington Post. “They're just reflecting the will of the people," she reportedly told the president. “This is the will of the people."

On stage later that morning, Guilfoyle gave a rousing speech introducing Trump Jr. “We will not allow the liberals and the Democrats to steal our dream or steal our elections," Guilfoyle told the crowd.

Trump Jr. then exhorted the crowd to send a message to the Republican members of Congress who “did nothing to stop the steal."

Trump Jr. did not respond to an emailed request for comment.

Jones and Alexander left the rally early. Wren escorted the men away from the White House as they prepared to lead the march on the Capitol.

As the Capitol plunged into chaos later that day — police officers outnumbered and overrun, lawmakers huddled behind makeshift bunkers, tear gas enshrouding the building — Guilfoyle boarded a private jet.

She was off to Florida with at least two major Trump donors, Nebraska gubernatorial candidate Charles Herbster and California entrepreneur Richard Kofoed, who had chartered the jet. The plane left Dulles International Airport at 3:47 p.m., according to aviation records. It dropped Herbster off on Florida's Amelia Island before heading for West Palm Beach. Wren listed both Kofoed and Herbster as her VIPs for the rally in planning documents. Planning documents show Cassidy Kofoed, Richard Kofoed's 23-year-old daughter, also worked with Wren on preparations for Jan. 6.

Herbster confirmed that he was on board the plane with Guilfoyle. Richard and Cassidy Kofoed did not respond to requests for comment.

In response to questions about the flight, Tacopina said that Guilfoyle lived with Kofoed and his wife at a rented property in Mar-a-Lago from approximately December 2020 through July 2021.

Guilfoyle has continued her role as a major Trump fundraiser. In October, she was put at the helm of Trump's super PAC, called Make America Great Again, Again!

A top Trump fundraiser boasted of raising $3 million to support Jan. 6 'Save America' rally

This was first published by ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

As much as $3 million may have been raised to support the Jan. 6 rally in Washington, D.C., that preceded the attack on the Capitol, according to interviews and documents reviewed by ProPublica, with some money flowing to Republican dark-money groups that helped bring crowds to the event.

Caroline Wren, a former top fundraiser for the Trump campaign, managed distribution of some of the money raised to support the rally. She told one associate that she sent funds to a number of political organizations backing the event.

Dustin Stockton, a Republican operative who helped organize the rally, told ProPublica he met with Wren at the Willard Hotel in Washington on the evening of Jan. 5.

At that meeting, Stockton said, Wren boasted of having raised $3 million to support the rally. She also described how she had “parked" unspecified amounts of money for Jan. 6 at an arm of the Republican Attorneys General Association, at the Tea Party Express and at Turning Point, a collection of affiliated nonprofits that serve young Republicans.

Routing funds to multiple groups “added a layer of confidentiality for the donor and offered institutional support for the 6th," Stockton said.

A Wren associate told another rally organizer that $3 million had been raised to support the rally on Jan. 6. The organizer, who did not want to be named because of the ongoing House investigation into Jan. 6, did not provide further details.

ProPublica could not independently confirm exactly how much was raised or ultimately spent on preparations for the rally because the organizations that allegedly received funds are “dark money" groups, meaning they are not legally required to publicly disclose their donors or the details of their expenditures. However, the two accounts suggest the events of Jan. 6 may have been significantly better funded than previously known.

Earlier news reports estimated that staging the rally cost only about half a million dollars, primarily funded by a roughly $300,000 donation Wren facilitated from the Publix supermarket heir Julie Jenkins Fancelli.

Wren provided a statement from her lawyer last week that did not address the Jan. 5 meeting, how much money was raised for the rally or how it was spent.

“Ms. Wren, in her role as an event planner, assisted many others in producing and arranging for a professionally produced and completely peaceful event at the White House Ellipse," the statement said, adding that Wren was not present at the Capitol that day.

Ahead of the Jan. 6 rally, Wren directed roughly $150,000 from Fancelli to the Rule of Law Defense Fund, the dark-money arm of the Republican Attorneys General Association, or RAGA, according to a person familiar with the transaction. The Rule of Law Defense Fund then paid for a robocall inviting people to the Capitol in order to satisfy the conditions of the donation Wren brought in, the source said.

“At 1:00 p.m., we will march to the Capitol building and call on Congress to stop the steal," the robocall said. “We are hoping patriots like you will join us to continue to fight to protect the integrity of our elections." Wren's role in arranging the robocall was first reported Saturday by the Washington Post.

Rally planning documents obtained by ProPublica also show that Wren listed RAGA as the payer for five hotel rooms in Washington the week of Jan. 6, including a $1,029-a-night suite for Fancelli. The documents suggest Wren expected the group to pay for several other attendees' hotel rooms, including those of Trump campaign surrogate Gina Loudon and Bikers for Trump founder Chris Cox.

RAGA officials did not respond to repeated requests for comment on this story. Loudon, Cox and Fancelli did not immediately respond to requests for comment. Wren did not respond to questions about her work with RAGA.

Sal Russo, co-founder and chief strategist of Tea Party Express, told ProPublica that his group received donations to support the events of Jan. 6 but that he did not know who the money came from or how exactly it was spent.

Tea Party Express began as a national bus tour in the early days of the Tea Party movement. Though it once wielded formidable influence in GOP circles, it now employs just a handful of people and has remained largely on the sidelines in recent election cycles. A since-deleted Tea Party Express website promoting the Jan. 6 rally said the site was paid for by an affiliated dark-money organization called State Tea Party Express.

Russo said he believed that Trump's claims of widespread election fraud were a conspiracy theory. “I heard there were a bunch of donors who wanted Trump to have a good send-off so he would calm down," he said, explaining his decision to participate.

ProPublica has not independently confirmed that any money went to Turning Point for the purposes of the Jan. 6 rally, and Andrew Kolvet, a spokesperson for the organization, declined to respond to questions about Wren.

On Jan. 4, Turning Point president Charlie Kirk announced on Twitter that his group would be sending at least 80 “buses full of patriots" to Washington for the rally. In a statement, Kolvet told ProPublica that the group ended up sending only six buses. “The organization condemns political violence of any kind," he said.

A House of Representatives select committee is investigating the assault on the Capitol. Last month, it issued subpoenas to Wren and several other Trump allies, including former chief of staff Mark Meadows, citing previous ProPublica reporting. Former Trump adviser Steve Bannon has so far refused to comply with a subpoena. The committee is scheduled to vote Tuesday on whether to recommend that the Justice Department pursue criminal contempt charges against him.

In June, ProPublica reported that Wren pushed relentlessly for far-right provocateurs Alex Jones and Ali Alexander to appear on stage with the president, a proposal that was met with resistance from some Trump aides. The tension escalated until the morning of Jan. 6, when a senior White House official suggested rally organizers call the U.S. Park Police on Wren and have her escorted off the Ellipse. Officers arrived but took no action.

The robocall facilitated by Wren led to turmoil at RAGA, a 22-year-old group traditionally dedicated to helping conservatives win state attorney general races. Four days after the existence of the call was revealed by the watchdog website Documented, the attorneys general group's then-executive director, Adam Piper, resigned. In the months to come, much of the organization's senior staff followed suit, as did Georgia Attorney General Chris Carr, who was the organization's chairman on Jan. 6.

Piper did not respond to questions from ProPublica. A spokesperson for Carr declined to answer specific questions for this story and referred us to a previous statement from Carr explaining his decision to resign.

“When we discovered that the executive director of RAGA had used the organization's funds for an unauthorized robocall urging attendance at the Jan. 6 rally, I accepted his resignation, ordered an audit and investigation, imposed new internal controls, and began a search for a new executive director," said Carr in his April statement. “Based on what I know, I had no other choice but to step down as chairman and as a member of the executive committee."

Carr would not answer ProPublica's questions about the result of the investigation he ordered.

An unhinged jailhouse letter from a Capitol rioter sheds light on the radicalization of Trump supporters

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: The Insurrection

The Effort to Overturn the Election

In a letter sent from behind bars, a key defendant in the Jan. 6 riot at the U.S. Capitol said he and fellow inmates have bonded in jail, and boasted that those attacking the building could have overthrown the government if they had wanted.

The letter is signed “the 1/6ers" and expresses no remorse for the assault on the Capitol, in which five people died. While no names appeared on it, ProPublica was able to determine, through interviews with his family and a review of his correspondence from jail, that it was penned by Guy Reffitt, a member of the Three Percenter right-wing militant group accused of participating in the riot. The letter said the inmates arrested for their role in the attack regularly recite the Pledge of Allegiance inside the Washington, D.C. jail and sing the national anthem “all in unison, loud and proud most everyday."

“January 6th was nothing short of a satirical way to overthrow a government," said the letter, written by hand on yellow lined paper. “If overthrow was the quest, it would have no doubt been overthrown."

The letter sent to ProPublica is believed to be one of the first public statements from a Jan. 6 rioter currently in detention. ProPublica also obtained text messages with Reffitt's family and was able to ask a few questions of him via text from the D.C. Jail, with his wife, Nicole Reffitt, acting as a relay. Guy Reffitt declined to participate in a fuller interview on the advice of his lawyer, his wife said.

Reffitt faces a variety of charges, including obstructing an official proceeding, which carries a maximum sentence of 20 years. He is awaiting trial and has pleaded not guilty. In text messages he sent last month to his wife, Reffitt said he was resigning from the Texas Three Percenters.

Last week, Reffitt told ProPublica via his wife that more than 30 people arrested in connection with the Jan. 6 attack had discussed the letter while in custody. He said that the “1/6ers" are “not organized" and that there are “no leaders," just “people chatting about things" because they are “stuck here together."

Reffitt said that the suspects communicate with one another with what are known as “kites," jailhouse slang for messages passed from cell to cell. They are also able to socialize during the two hours a day they're let out of their cells. The Department of Justice declined to comment.

Those detained in connection with the Capitol siege have been treated by D.C. officials as “maximum security" prisoners and kept in restrictive housing, according to media reports. Three defendants that Nicole Reffitt said she understood to be parties to the letter denied any knowledge of it when contacted by ProPublica. One of them said he became friends with Guy Reffitt inside the D.C. Jail, but had been moved to another unit by the time the letter was penned.

Nicole Reffitt said she helped her husband write the letter and solicit support through phone calls and a jailhouse messaging app inmates are allowed to use periodically to communicate with the outside world. The D.C. Jail has held dozens of defendants in connection with the riot, on charges ranging from obstructing an official proceeding to assaulting a police officer with a dangerous weapon.

The letter counters the notion that there was a “plan" or “conspiracy" to take down Congress on Jan. 6, blaming much of the violence on “isolated overly emotional individuals." It suggests that their actions were meant to put the country on notice: “The people clearly are not happy," Guy Reffitt said in response to questions sent through his wife.

“Ask the Capitol Police for [their] opinion of how it could have been," the letter says. “They are grateful it wasn't a real insurrection complete with mind, body and soul."

Reffitt had a moment of notoriety in late January when it became public that his son had contacted the FBI to report him roughly two weeks before the riot. In text messages reviewed by ProPublica, Reffitt asked his wife for a list of presidents so that the group could use it to create cell names. Reffitt now resides in a cell he has dubbed “the Garfield suite," named after the 20th U.S. president, James A. Garfield.

ProPublica reporters visited Reffitt's family in Wylie, Texas, a Dallas suburb, and interviewed Nicole Reffitt and their two daughters. The reporters also met with the Reffitts' son, Jackson Reffitt, who had reported concerns about his father's activities to the FBI. Jackson Reffitt said the bureau did not follow up until the Capitol was under siege. The FBI did not immediately respond to questions from ProPublica.

The family shared group text message chats from the past year and some of their correspondence with Guy Reffitt during his more than three months in jail.

The material sheds light on the radicalization of Reffitt, whom federal prosecutors characterized in a court filing as a “serious danger ... not only to his family and Congress, but to the entire system of justice."

Reffitt, 48, worked most of his adult life on oil rigs, an occupation that took him and sometimes his family around the world, including three years in Malaysia. But when the coronavirus hit in 2020, work dried up and he intensified his political activity, focusing on the Black Lives Matter movement, which he viewed as destructive.

Reffitt saw his actions on Jan. 6 as a critical step in protecting his wife and kids from what he viewed as a decades-long American slide toward “tyranny," according to his text messages.

“We watch the people of other countries rise up against authoritarianism and think, how sad they must be to want freedom and liberty so much," the letter said. “Here, the more you try to divide, bend or even break America. The more The Republic of The People will stand indivisible and resolute."

Reffitt's son covertly recorded conversations with his father that have shown up in court filings as evidence that Reffitt came to the Capitol armed and with violent intentions.

“You'll find out that I had every constitutional right to carry a weapon and take over the Congress, as we tried to do," he said in one recording, according to a transcript in court files. Jackson Reffitt, 18, has since moved out of the family home and is raising money to support himself and his schooling.

In another excerpt in court files, Guy Reffitt was blunt: “I did bring a weapon on property that we own. Federal grounds or not. The law is written, but it doesn't mean it's right law. The people that were around me were all carrying too."

Reffitt's wife and daughters said his statements were more benign than they sound — that Reffitt is notorious for his hyperbole and left the Capitol when he learned rioters had made it inside. Nicole Reffitt said she has long referred to her husband teasingly as “Queenie" because of his flair for the dramatic. Prosecutors have not accused him of entering the Capitol building or hurting anyone.

In their most recent filing, prosecutors added new evidence to their case against Guy Reffitt. They obtained a recording of a Jan. 10 Zoom meeting involving Reffitt and two other Three Percenters. In it, Reffitt allegedly said he helped lead the charge on the Capitol with a .40-caliber pistol at his side, at one point telling a U.S. Capitol Police officer who was firing nonlethal rounds at him, “Sorry, darling. You better get a bigger damn gun."

Reffitt went on to describe how the group might be able to disable a social media company's servers by using a sniper rifle to disable the generators at a nearby Texas facility. According to court records, he said attacking the servers would “make them feel it back" in Washington, D.C. He added: “Then they won't know we're coming next time."

In court filings, his lawyer said that prosecutors have “relied on bragging" and that none of the government's video or photographs from the Capitol show Reffitt to be armed. Reffitt has not been charged with a gun crime.

The letter expressed hope that the events of Jan. 6 wouldn't need to be repeated: “I hope that was the only day in American history we would without doubt, feel the need to notify our government, they have transgressed much too far."

Several experts on extremism reviewed the letter for ProPublica and had differing views of its implications.

“I tend to look at this letter as a person puffing themself up," said Jason Blazakis, a former senior counterterrorism official at the Department of State.

Peter Simi, an associate professor at Chapman University in Southern California, found the language in the letter more alarming, especially in how it characterizes the Jan. 6 riot as inevitable.

“I would interpret it as a threat. You can say it's thinly veiled, but I don't think it's that thinly veiled," Simi said. “This is the preamble — what you saw on the 6th. More is coming ... If you thought the 6th was bad, just wait and see."

The Meet and Greet

As Reffitt struggled to find work in the spring of 2020, he spent hours watching Fox News and getting angry over the Black Lives Matter protests, his family said. His teenage children supported the movement; Reffitt viewed it as “bullshit," according to his texts. One argument with his son ended with Reffitt throwing a coffee mug across the room. About a week later, Jackson Reffitt went to march in a BLM rally in Wylie. His father went armed, the family said, standing guard outside the suburb's Olde City Park.

Around that time, Guy Reffitt was introduced to the Three Percenters, a decentralized anti-government movement. The group, which takes its name from the myth that only three percent of the population fought the British in the American Revolution, is credited with popularizing the militia movement by framing it in more palatable, patriotic terms.

Nicole Reffitt recalled a “meet and greet" in June, with about 20 members coming to the Reffitt home for a barbecue.

After some awkward small talk, the conversation turned to “what everyone could do," she said. Who had military experience? Who had a license to carry? Who knew how to stop a bleed? Someone took notes to be sent up the chain of command.

Guy Reffitt was enthralled. Afterwards, he began doing what he called “intel," doing background checks on new recruits. His wife was relieved he seemed to have a sense of purpose.

In August, Reffitt drove to a BLM demonstration in Mississippi, hoping to surveil a particular activist. The family said that Reffitt intended to place a GPS tracking device on the man's car. He abandoned the plan when he wasn't sure he had the right vehicle.

Nicole Reffitt said she was alarmed when she found multiple license plates in the bed of her husband's pickup truck. She said her husband told her he used them to make sure he wasn't being tracked. “I was like, 'What the fuck? What are we doing?'" she said. “He told me to go to work and keep my business to myself."

After then-President Donald Trump lost his bid for reelection, Guy Reffitt began to sequester himself in the front room of his suburban brick home, glued to Newsmax as it reported theories of how the vote was rigged.

On Dec. 19, Reffitt found a new obsession, his family said, when Trump tweeted: “Big protest in D.C. on January 6th. Be there, will be wild!"

From then on, Reffitt's texts bounced between plans for shopping and cooking prime rib for Christmas and talk of going to D.C. to “shock the world."

“It's the government that is going to be destroyed in this fight," Reffitt texted his family on Dec. 21. “Congress has made fatal mistakes this time."

Feeling “paranoid" about his father, Jackson Reffitt sent in a tip via the FBI website. He said he wrote that his father was a militia member who made threatening statements about public officials and kept talking about doing “something big."

Full Battle Rattle

After Christmas, Guy Reffitt firmed up plans to travel to Washington for the Jan. 6 rally. His family said he planned to bring weapons, which was unsurprising; they said he went most everywhere armed. Nicole Reffitt told ProPublica her husband promised to disassemble the weapons to comply with Washington, D.C., laws. His defense attorney has argued that there is no evidence that he “carried a loaded firearm."

But according to court records, on Dec. 28, Guy messaged an unnamed individual. “I don't think unarmed will be the case this time," he said. “I will be in full battle rattle. If that's a law I break, so be it, but I won't do it alone."

When he left to drive to Washington, he told his family, “If everything works out, I'll see you again," in what Nicole said was a typically melodramatic goodbye.

“I love ALL of you with ALL of my heart and soul," he texted on the morning of Jan. 6. “This is for our country and for ALL OF YOU and your kids."

Jackson Reffitt came home to find his mother and sister transfixed by the television as protestors pushed past police lines. “What the hell?" he recalled asking. “Is dad there?" The screen showed police in the Senate chambers, guns drawn.

“Your father is there," his mother responded.

Finally acting on Jackson Reffitt's earlier tip, an FBI agent called him to set up a meeting.

Two days later, Guy Reffitt came home, eager to boast. His son decided to record him. Jackson Reffitt met with the FBI agent the following week.

In the pre-dawn hours of Jan. 16, a squad of more than a dozen officers rolled up to the Reffitt home, armed for a SWAT raid, according to his family and footage from their neighbor's security camera. A mobile battering ram idled in front of their house as the officers tossed flash-bang grenades. The family clambered out, some still in their underwear.

Guy Reffitt went without resistance, assuring the kids that the federal agents were only doing their jobs. He was expecting to be arrested by then, his family said, and even laughed with an officer who accompanied him to the bathroom after he'd been handcuffed.

As he was being carted off in the back of a police vehicle, he yelled out the window: “I didn't ask for this!"

He has been behind bars since.

On April 22, Reffitt messaged his wife a note of encouragement.

“You are superstars to more than half the country," he wrote. “There's no going back now."

Here are 6 questions officials still haven't answered after weeks of hearings on the Capitol attack

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

This article originally appeared on ProPublica.

Series: The Insurrection

The Effort to Overturn the Election

After two weeks of congressional hearings, it remains unclear how a rampaging mob of rioters managed to breach one of the most sacred bastions of American democracy on Jan. 6.

During more than 15 hours of testimony, lawmakers listened to a cacophony of competing explanations as officials stumbled over themselves to explain how America's national security, defense, intelligence and law enforcement agencies allowed a homegrown enemy to put an entire branch of government in danger during the attack on the U.S. Capitol.

The continuing questions surrounding the attack have prompted calls for a more sustained inquiry than has so far taken place. House Democrats have proposed setting up an outside commission to investigate, similar to what followed the 2001 attack on the World Trade Center, but so far Republicans have held up the proposal. Among the key questions yet to be answered:

1. Why did national security officials respond differently to Black Lives Matter protesters than to Trump supporters?

Last week, deputy assistant defense secretary Robert G. Salesses was sent to explain to Congress the Defense Department's decision-making on Jan. 6.

Salesses said the National Guard had been criticized for being too aggressive during the Black Lives Matter protests last year, and that played into the more restrained response to the insurrection.

But his personal involvement in the insurrection response was limited. Much to the frustration of the senators questioning him, he wasn't able to provide details on why the guard took so long to arrive on Capitol grounds that day. This leaves some of the most alarming blunders of the day unexplained.

Last June in Washington, demonstrations calling for police reform following the death of George Floyd became a priority for top Defense Department officials. District of Columbia National Guard commander Maj. Gen. William Walker told Congress on March 3 that the head of the Army, Ryan McCarthy, spent almost a week by his side at the D.C. Armory to facilitate the guard's response to those protests.

Nothing similar happened for the planned protests on Jan. 6.

Capitol Police Chief Steven Sund had to plead for guard support during a series of phone calls during the insurrection. Walker said McCarthy was “not available" for one crucial conference call at about 2:30 p.m. Rioters were minutes from the House chamber at that point, but the defense officials on the call were still skeptical. Walker said they were worried about how it might look to send troops to the Capitol and whether it might further “inflame" the crowd.

“I was frustrated," Walker said. “I was just as stunned as everybody else on the call."

It took more than three hours for the Pentagon to approve the request. During the Black Lives Matter protests, Walker said such approval was given immediately.

Salesses told Congress that McCarthy wanted to know more about how exactly the guard would be used at the Capitol.

An Army spokesperson did not answer specific questions about McCarthy's decision-making during the Black Lives Matter protests or on Jan. 6, but said the guard's posture on Jan. 6 was based on a request from the mayor of Washington.

“The Department of Defense Inspector General is now reviewing the details of the preparation for and response to the Jan. 6 protest and attack on the U.S. Capitol," she said. “We intend to allow that process to proceed independently."

2. Did lawmakers, particularly House Speaker Nancy Pelosi and then-Senate Majority Leader Mitch McConnell, play a role in security decisions?

Both the House and the Senate have a position known as a sergeant-at-arms, an official responsible for protecting the lawmakers. These officials oversee the Capitol Police chief, and while staff in lawmakers' offices frequently maintain contact with the sergeants-at-arms about security plans and briefings, there are still questions about the details of consultations held before or during the Jan. 6 attack. Paul Irving, the House sergeant-at-arms, and Michael Stenger, his equivalent in the Senate, resigned along with Sund following the riot.

The pair reported to House Speaker Nancy Pelosi and Senate Majority Leader Mitch McConnell, respectively. Pelosi's deputy chief of staff, Drew Hammill, told ProPublica that prior to Jan. 6, the speaker's staff asked Irving questions about security and were assured on Jan. 5 that the Capitol complex had “comprehensive security and there was no intelligence that groups would become violent." McConnell's spokesperson did not immediately respond to questions about whether the senator was involved in any security preparations before Jan. 6. Staffers for both lawmakers told ProPublica they did not learn of the request for the guard until the day of the attack.

Sund has said that he began asking his superiors for guard assistance on Jan. 4.

Irving and Stenger dispute that. In their congressional testimony, they said Sund merely relayed an offer from the National Guard to dispatch a unit of unarmed troops to help with traffic control. They said the three of them together decided against it.

Irving and Stenger also said they did not discuss the guard with Pelosi or McConnell's staff until Jan. 6, when the riot was well underway. But the details of those conversations remain vague.

Sund said he called Irving and Stenger to ask them to declare an emergency and call in the guard at 1:09 p.m. that day. In his written testimony, he said that Irving told him he would need to “run it up the chain of command" first.

Irving disputed that too. He said he granted the request as soon as Sund made it and Irving simply told congressional “leadership" they “might" be calling in the guard.

Sund also said in his written testimony that as they were waiting for the guard, Stenger offered to ask McConnell to “call the Secretary of the Army to expedite the request."

Asked about his conversations with Congress, Stenger said only that he “mentioned it to Leader McConnell's staff" on Jan. 6. No one asked him to elaborate.

In an emailed response to questions, Hammill said that at approximately 1:40 p.m. on Jan. 6, Irving approached Pelosi's staff near the House chamber, asking for permission to call in the guard. Pelosi approved the request and was told they needed McConnell's approval, too. Pelosi's chief of staff then went to Stenger's office, where McConnell's staff was already meeting with the sergeants-at-arms.

Hammill said there was shared frustration at the meeting. “It was made clear to make the request immediately," he said. “Security professionals are expected to make security decisions."

A spokesman for McConnell did not answer questions about whether he was in fact asked to call the Army secretary, as Sund's written testimony suggested. He referred ProPublica to an article in The New York Times. The story describes McConnell's staff learning of the guard request for the first time at the meeting with Stenger and staffers being confused and frustrated that it was not made sooner.

3. Was law enforcement unprepared for the attack because of an intelligence failure?

Last week, FBI leaders told Congress that the bureau provided intelligence on the threat to both the Capitol Police and local D.C. police. They also referenced more general warnings they've issued for years about the rise of right-wing extremism.

Jill Sanborn, assistant director of the bureau's counterterrorism division, told Congress that leading up to the riot, the FBI had made Jan. 6 a priority for all 56 of its field offices.

But acting Capitol Police Chief Yogananda Pittman told Congress on Feb. 25 that the agency had received no actionable intelligence.

“No credible threat indicated that tens of thousands would attack the U.S. Capitol," Pittman said, echoing a common position among law enforcement on the lack of persuasive intelligence going into Jan. 6. As a result, she said, her department was ready for isolated violence, not a coordinated attack.

A Jan. 5 intelligence bulletin from an FBI field office in Norfolk, Virginia, has generated significant attention. First reported by The Washington Post, it described individuals sharing a map of tunnels beneath the Capitol complex and locations of potential rally points, and quoted an online thread calling for war: “Congress needs to hear glass breaking, doors being kicked in .... Get violent." But the FBI itself has emphasized that the intelligence had not been fully vetted.

Pittman, who helped oversee the Capitol Police intelligence division at the time but was not yet the acting chief, also downplayed the memo. She said that while her department received the bulletin the evening before the riot, it never reached anyone in leadership. Reviewing the document later, though, she said the information was consistent with what the department already knew and that the memo specifically requested that agencies receiving it not "take action" based on its contents. “We do not believe that based on the information in that document, we would have changed our posture," Pittman said.

4. Or was it a security failure?

Congress has not focused as much on the culpability of Capitol Police leadership.

Last month, ProPublica published an investigation drawing on interviews with 19 current and former members of the Capitol Police. The officers described how internal failures put hundreds of Capitol cops at risk and allowed rioters to get dangerously close to members of Congress.

“We went to work like it was a normal fucking day," said one officer. Another said his main instruction was to be on the lookout for counterprotesters.

On Feb. 25, Pittman acknowledged that the department's communication system became overwhelmed during the riot. But fending off a mob of thousands would have required “physical infrastructure or a regiment of soldiers," she said, and no law enforcement agency could have handled the crowd on its own.

She said that on Jan. 6, the department had roughly 1,200 officers on duty out of a total of over 1,800. On a normal Wednesday, she said, there are more than 1,000 officers on duty.

5. Was the National Guard ready?

Last week, Walker, the National Guard commander, offered startling testimony on what he called “unusual" restrictions limiting what he could do on Jan. 6.

He said that on Jan. 4 and 5, he was told he would need approval from top defense officials to issue body armor to his troops, use a “quick reaction force" of 40 guardsmen, or move troops stationed at traffic posts around the city.

In his testimony, Walker said he had never experienced anything like it in his nearly four decades in the guard.

At one point, the Metropolitan Police, D.C.'s police force, asked Walker to move three unarmed guardsmen one block to help with traffic control. To do it, he had to get permission from McCarthy, the man running the entire U.S. Army.

More frustrating, Walker said, was that he could have sent roughly 150 National Guard members to the Capitol within 20 minutes if he had received immediate approval. That “could have made a difference," he said. “Seconds mattered. Minutes mattered."

So far, the only Pentagon official who has testified publicly is Salesses, who had little direct involvement in the Jan. 6 response.

“I was not on the calls, any of the calls," Salesses said.

Instead, Salesses stated that acting Secretary of Defense Christopher Miller was at the top of the chain of command and “wanted to make the decisions."

“Clearly he wanted to," Sen. Rob Portman said. “The question is why."

6. How did officer Brian Sicknick die?

Capitol Police officer Brian Sicknick died the day after the insurrection. That evening, the Capitol Police released a statement saying he had died from injuries sustained in the riot. Law enforcement officials initially said Sicknick had been hit in the head with a fire extinguisher. Several Capitol Police officers told ProPublica the same. ProPublica also spoke with members of Sicknick's family shortly after he died. They said Sicknick texted them after fending off the mob to tell them he had been hit with pepper spray. The family told ProPublica that Sicknick later suffered a blood clot and a stroke. “This political climate got my brother killed," his eldest brother said.

But the exact cause of Sicknick's death remains unclear. On Feb. 2, CNN published a report citing an anonymous law enforcement official who told the news outlet that medical examiners did not find signs of blunt force trauma, reportedly leading investigators to believe he was not fatally struck by a fire extinguisher. On Feb. 26, The New York Times reported that the FBI has “homed in on the potential role of an irritant as a primary factor in his death" and has identified a suspected assailant who attacked several officers, including Sicknick, with bear spray. The D.C. medical examiner has yet to conclude its investigation into the exact cause of Sicknick's death.

On March 2, Sen. Chuck Grassley, R-Iowa, asked FBI Director Christopher Wray if a cause of death had been determined and if there was a homicide investigation.

Wray said there is an active investigation into Sicknick's death, but the bureau was “not at a point where we can disclose or confirm the cause of death." He did not specify whether it was a homicide investigation.

Pittman was also questioned about Sicknick.

“I just want to be absolutely clear for the record," said Rep. Jennifer Wexton, a Virginia Democrat. “Do you acknowledge that the death of officer Brian Sicknick was a line-of-duty death?"

“Yes ma'am, I do," Pittman responded.

6 questions officials still haven’t answered after weeks of hearings on the Capitol attack

After two weeks of congressional hearings, it remains unclear how a rampaging mob of rioters managed to breach one of the most sacred bastions of American democracy on Jan. 6.

During more than 15 hours of testimony, lawmakers listened to a cacophony of competing explanations as officials stumbled over themselves to explain how America's national security, defense, intelligence and law enforcement agencies allowed a homegrown enemy to put an entire branch of government in danger during the attack on the U.S. Capitol.

The continuing questions surrounding the attack have prompted calls for a more sustained inquiry than has so far taken place. House Democrats have proposed setting up an outside commission to investigate, similar to what followed the 2001 attack on the World Trade Center, but so far Republicans have held up the proposal. Among the key questions yet to be answered:

1. Why did national security officials respond differently to Black Lives Matter protesters than to Trump supporters?

Last week, deputy assistant defense secretary Robert G. Salesses was sent to explain to Congress the Defense Department's decision-making on Jan. 6.

Salesses said the National Guard had been criticized for being too aggressive during the Black Lives Matter protests last year, and that played into the more restrained response to the insurrection.

But his personal involvement in the insurrection response was limited. Much to the frustration of the senators questioning him, he wasn't able to provide details on why the guard took so long to arrive on Capitol grounds that day. This leaves some of the most alarming blunders of the day unexplained.

Last June in Washington, demonstrations calling for police reform following the death of George Floyd became a priority for top Defense Department officials. District of Columbia National Guard commander Maj. Gen. William Walker told Congress on March 3 that the head of the Army, Ryan McCarthy, spent almost a week by his side at the D.C. Armory to facilitate the guard's response to those protests.

Nothing similar happened for the planned protests on Jan. 6.

Capitol Police Chief Steven Sund had to plead for guard support during a series of phone calls during the insurrection. Walker said McCarthy was "not available" for one crucial conference call at about 2:30 p.m. Rioters were minutes from the House chamber at that point, but the defense officials on the call were still skeptical. Walker said they were worried about how it might look to send troops to the Capitol and whether it might further "inflame" the crowd.

"I was frustrated," Walker said. "I was just as stunned as everybody else on the call."

It took more than three hours for the Pentagon to approve the request. During the Black Lives Matter protests, Walker said such approval was given immediately.

Salesses told Congress that McCarthy wanted to know more about how exactly the guard would be used at the Capitol.

An Army spokesperson did not answer specific questions about McCarthy's decision-making during the Black Lives Matter protests or on Jan. 6, but said the guard's posture on Jan. 6 was based on a request from the mayor of Washington.

"The Department of Defense Inspector General is now reviewing the details of the preparation for and response to the Jan. 6 protest and attack on the U.S. Capitol," she said. "We intend to allow that process to proceed independently."

2. Did lawmakers, particularly House Speaker Nancy Pelosi and then-Senate Majority Leader Mitch McConnell, play a role in security decisions?

Both the House and the Senate have a position known as a sergeant-at-arms, an official responsible for protecting the lawmakers. These officials oversee the Capitol Police chief, and while staff in lawmakers' offices frequently maintain contact with the sergeants-at-arms about security plans and briefings, there are still questions about the details of consultations held before or during the Jan. 6 attack. Paul Irving, the House sergeant-at-arms, and Michael Stenger, his equivalent in the Senate, resigned along with Sund following the riot.

The pair reported to House Speaker Nancy Pelosi and Senate Majority Leader Mitch McConnell, respectively. Pelosi's deputy chief of staff, Drew Hammill, told ProPublica that prior to Jan. 6, the speaker's staff asked Irving questions about security and were assured on Jan. 5 that the Capitol complex had "comprehensive security and there was no intelligence that groups would become violent." McConnell's spokesperson did not immediately respond to questions about whether the senator was involved in any security preparations before Jan. 6. Staffers for both lawmakers told ProPublica they did not learn of the request for the guard until the day of the attack.

Sund has said that he began asking his superiors for guard assistance on Jan. 4.

Irving and Stenger dispute that. In their congressional testimony, they said Sund merely relayed an offer from the National Guard to dispatch a unit of unarmed troops to help with traffic control. They said the three of them together decided against it.

Irving and Stenger also said they did not discuss the guard with Pelosi or McConnell's staff until Jan. 6, when the riot was well underway. But the details of those conversations remain vague.

Sund said he called Irving and Stenger to ask them to declare an emergency and call in the guard at 1:09 p.m. that day. In his written testimony, he said that Irving told him he would need to "run it up the chain of command" first.

Irving disputed that too. He said he granted the request as soon as Sund made it and Irving simply told congressional "leadership" they "might" be calling in the guard.

Sund also said in his written testimony that as they were waiting for the guard, Stenger offered to ask McConnell to "call the Secretary of the Army to expedite the request."

Asked about his conversations with Congress, Stenger said only that he "mentioned it to Leader McConnell's staff" on Jan. 6. No one asked him to elaborate.

In an emailed response to questions, Hammill said that at approximately 1:40 p.m. on Jan. 6, Irving approached Pelosi's staff near the House chamber, asking for permission to call in the guard. Pelosi approved the request and was told they needed McConnell's approval, too. Pelosi's chief of staff then went to Stenger's office, where McConnell's staff was already meeting with the sergeants-at-arms.

Hammill said there was shared frustration at the meeting. "It was made clear to make the request immediately," he said. "Security professionals are expected to make security decisions."

A spokesman for McConnell did not answer questions about whether he was in fact asked to call the Army secretary, as Sund's written testimony suggested. He referred ProPublica to an article in The New York Times. The story describes McConnell's staff learning of the guard request for the first time at the meeting with Stenger and staffers being confused and frustrated that it was not made sooner.

3. Was law enforcement unprepared for the attack because of an intelligence failure?

Last week, FBI leaders told Congress that the bureau provided intelligence on the threat to both the Capitol Police and local D.C. police. They also referenced more general warnings they've issued for years about the rise of right-wing extremism.

Jill Sanborn, assistant director of the bureau's counterterrorism division, told Congress that leading up to the riot, the FBI had made Jan. 6 a priority for all 56 of its field offices.

But acting Capitol Police Chief Yogananda Pittman told Congress on Feb. 25 that the agency had received no actionable intelligence.

"No credible threat indicated that tens of thousands would attack the U.S. Capitol," Pittman said, echoing a common position among law enforcement on the lack of persuasive intelligence going into Jan. 6. As a result, she said, her department was ready for isolated violence, not a coordinated attack.

A Jan. 5 intelligence bulletin from an FBI field office in Norfolk, Virginia, has generated significant attention. First reported by The Washington Post, it described individuals sharing a map of tunnels beneath the Capitol complex and locations of potential rally points, and quoted an online thread calling for war: "Congress needs to hear glass breaking, doors being kicked in .... Get violent." But the FBI itself has emphasized that the intelligence had not been fully vetted.

Pittman, who helped oversee the Capitol Police intelligence division at the time but was not yet the acting chief, also downplayed the memo. She said that while her department received the bulletin the evening before the riot, it never reached anyone in leadership. Reviewing the document later, though, she said the information was consistent with what the department already knew and that the memo specifically requested that agencies receiving it not "take action" based on its contents. "We do not believe that based on the information in that document, we would have changed our posture," Pittman said.

4. Or was it a security failure?

Congress has not focused as much on the culpability of Capitol Police leadership.

Last month, ProPublica published an investigation drawing on interviews with 19 current and former members of the Capitol Police. The officers described how internal failures put hundreds of Capitol cops at risk and allowed rioters to get dangerously close to members of Congress.

"We went to work like it was a normal fucking day," said one officer. Another said his main instruction was to be on the lookout for counterprotesters.

On Feb. 25, Pittman acknowledged that the department's communication system became overwhelmed during the riot. But fending off a mob of thousands would have required "physical infrastructure or a regiment of soldiers," she said, and no law enforcement agency could have handled the crowd on its own.

She said that on Jan. 6, the department had roughly 1,200 officers on duty out of a total of over 1,800. On a normal Wednesday, she said, there are more than 1,000 officers on duty.

5. Was the National Guard ready?

Last week, Walker, the National Guard commander, offered startling testimony on what he called "unusual" restrictions limiting what he could do on Jan. 6.

He said that on Jan. 4 and 5, he was told he would need approval from top defense officials to issue body armor to his troops, use a "quick reaction force" of 40 guardsmen, or move troops stationed at traffic posts around the city.

In his testimony, Walker said he had never experienced anything like it in his nearly four decades in the guard.

At one point, the Metropolitan Police, D.C.'s police force, asked Walker to move three unarmed guardsmen one block to help with traffic control. To do it, he had to get permission from McCarthy, the man running the entire U.S. Army.

More frustrating, Walker said, was that he could have sent roughly 150 National Guard members to the Capitol within 20 minutes if he had received immediate approval. That "could have made a difference," he said. "Seconds mattered. Minutes mattered."

So far, the only Pentagon official who has testified publicly is Salesses, who had little direct involvement in the Jan. 6 response.

"I was not on the calls, any of the calls," Salesses said.

Instead, Salesses stated that acting Secretary of Defense Christopher Miller was at the top of the chain of command and "wanted to make the decisions."

"Clearly he wanted to," Sen. Rob Portman said. "The question is why."

6. How did officer Brian Sicknick die?

Capitol Police officer Brian Sicknick died the day after the insurrection. That evening, the Capitol Police released a statement saying he had died from injuries sustained in the riot. Law enforcement officials initially said Sicknick had been hit in the head with a fire extinguisher. Several Capitol Police officers told ProPublica the same. ProPublica also spoke with members of Sicknick's family shortly after he died. They said Sicknick texted them after fending off the mob to tell them he had been hit with pepper spray. The family told ProPublica that Sicknick later suffered a blood clot and a stroke. "This political climate got my brother killed," his eldest brother said.

But the exact cause of Sicknick's death remains unclear. On Feb. 2, CNN published a report citing an anonymous law enforcement official who told the news outlet that medical examiners did not find signs of blunt force trauma, reportedly leading investigators to believe he was not fatally struck by a fire extinguisher. On Feb. 26, The New York Times reported that the FBI has "homed in on the potential role of an irritant as a primary factor in his death" and has identified a suspected assailant who attacked several officers, including Sicknick, with bear spray. The D.C. medical examiner has yet to conclude its investigation into the exact cause of Sicknick's death.

On March 2, Sen. Chuck Grassley, R-Iowa, asked FBI Director Christopher Wray if a cause of death had been determined and if there was a homicide investigation.

Wray said there is an active investigation into Sicknick's death, but the bureau was "not at a point where we can disclose or confirm the cause of death." He did not specify whether it was a homicide investigation.

Pittman was also questioned about Sicknick.

"I just want to be absolutely clear for the record," said Rep. Jennifer Wexton, a Virginia Democrat. "Do you acknowledge that the death of officer Brian Sicknick was a line-of-duty death?"

"Yes ma'am, I do," Pittman responded.

'I don't trust the people above me': Riot squad cops open up about disastrous Capitol insurrection response

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

This article originally appeared on ProPublica.

Series: The Insurrection

The Effort to Overturn the Election

The riot squad defending the embattled entrance to the west side of the U.S. Capitol was surrounded by violence. Rioters had clambered up the scaffolding by the stage erected for the inauguration of President Joseph Biden. They hurled everything they could get their hands on at the cops beneath: rebar, plywood, power tools, even cans of food they had frozen for extra damage.

In front of the cops, a mob was mounting a frontal assault. Its members hit officers with fists and baseball bats. They grabbed at weapons slung from the officers' waists. They unleashed a barrage of M-80 firecrackers. Soaked in never-ending streams of bright orange bear spray, the officers choked on plumes of acrid smoke that singed their nostrils and obscured their vision.

One officer in the middle of the scrum, a combat veteran, thought the rioters were so vicious, so relentless, that they seemed fueled by methamphetamine. To his left, he watched a chunk of steel strike a fellow officer above the eye, setting off a geyser of blood. A pepper ball tore through the air over his shoulder and exploded against the jaw of a man in front of him. The round, filled with chemical irritant, ripped the rioter's face open. His teeth were now visible through a hole in his cheek. Blood poured out, puddling on the pavement surrounding the building. But the man kept coming.

The combat veteran was hit with bear spray eight times. His experience overseas "was nothing like this," he said. “Nothing at all."

Over the last several weeks, ProPublica has interviewed 19 current and former U.S. Capitol Police officers about the assault on the Capitol. Following on the dramatic video of officers defending the building that House lawmakers showed during the first day of the impeachment trial of former President Donald Trump, the interviews provide the most detailed account to date of a most extraordinary battle.

The enemies on Jan. 6 were Americans: thousands of people from across the country who had descended on the Capitol, intent on stopping Congress from certifying an election they believed was stolen from Trump. They had been urged to attend by Trump himself, with extremist right-wing and militia leaders calling for violence.

Many of the officers were speaking to reporters for the first time about the day's events, almost all anonymously for fear of retribution. That they spoke at all is an indication of the depth of their frustration over the botched response. ProPublica also obtained confidential intelligence bulletins and previously unreported planning documents.

Combined, the information makes clear how failures of leadership, communication and tactics put the lives of hundreds of officers at risk and allowed rioters to come dangerously close to realizing their threats against members of Congress.

In response to questions for this story, the Capitol Police sent a one-sentence email: “There is a multi-jurisdictional investigation underway and in order to protect that process, we are unfortunately unable to provide any comment at this time."

The interviews also revealed officers' concerns about disparities in the way the force prepared for Black Lives Matter demonstrations versus the pro-Trump protests on Jan. 6. Officers said the Capitol Police force usually plans intensively for protests, even if they are deemed unlikely to grow violent. Officers said they spent weeks working 12- or 16-hour days, poised to fight off a riot, after George Floyd was killed by Minneapolis police — even though intelligence suggested there was not much danger from protesters.

“We had intel that nothing was going to happen — literally nothing," said one former official with direct knowledge of planning for the Black Lives Matter demonstrations. “The response was, 'We don't trust the intel.'"

By contrast, for much of the force, Jan. 6 began like any other day.

“We normally have pretty good information regarding where these people are and how far they are from the Capitol," said Keith McFaden, a former Capitol Police officer and union leader who retired from the force following the riot. “We heard nothing that day."

For the members of the riot squad who formed the first line of defense on the Capitol's lower west terrace on Jan. 6, the lack of information could not have come with higher stakes.

Thrust into the most intense battle of the insurrection, the roughly two dozen officers bought lawmakers crucial time to scramble for safety. For about 100 heart-pounding minutes, they slipped and skidded across a stone surface slick with blood and bear spray, attempting to hold their ground against a rampaging mass of thousands.

To many of them, it felt like no one was in charge of the Capitol's defense. All they could hear on the police radio were desperate cries for help.

At one point, the combat veteran was forced to stumble back from the line, his face so covered in bear spray he could barely see or breathe.

When he came to, a surge spilled over to his south. The crowd pushed over several bike racks. He realized the unfathomable had happened. His squad had lost the line; the mob could now enter the Capitol. There was no choice but to fall back. The officers stumbled over blood and debris until they were pressed against a limestone wall at the rear of the terrace. The mob had them cornered.

The officers, drained from their standoff, found a narrow staircase leading to an entrance of the building. But it could fit only one officer at a time. So they took turns climbing it as the crowd closed in, screaming obscenities and threatening murder.

“You fucking faggots!" one shouted. “You're not even American!"

Waiting to climb the stairs, the combat veteran feared the worst. “This is where they'll find my body," he thought.

The Intelligence: “A Normal Fucking Day"

On the morning of Jan. 4, members of a civil disturbance unit gathered in a briefing room. A small group of officers were shown a document from Capitol intelligence officials that projected as many as 20,000 people arriving in Washington that week. The crowd would include members of several militia and right-wing extremist groups, including the Proud Boys, the Boogaloo Bois and the white supremacist Patriot Front. Some were expected to be armed, according to one officer who attended the briefing. The document anticipated that there could be violence.

The officers weren't allowed to physically share the document with anyone else, but they relayed its substance to the rest of their squad in a separate meeting. Together, the unit members discussed possible scenarios and pored over a map of the Capitol and its surroundings to identify vulnerable areas that could erupt in conflict.

The iconic west front of the Capitol emerged as an obvious target. Donald Trump was going to speak at the Ellipse across from the White House; from there, it's a direct walk past the Washington Monument and the reflecting pool outside the Capitol to the western facade of the building. The riot squad knew that if the crowd was going to violently confront police, that's where it would probably happen.

But the intelligence the unit relied on to make that judgment was not widely shared within the department. Several officers assigned to other commands told ProPublica they received no warning whatsoever going into Jan. 6. “We went to work like it was a normal fucking day," one said.

“It was business as usual," said another, who has been on the force for more than 15 years. “The main thing we were told was to be on the lookout for counterdemonstrators."

The Capitol Police force is made up of four main divisions, each responsible for safeguarding its own section of the Capitol complex. But ProPublica learned that these divisions operate in silos, often out of sync with one another. On Jan. 6, their failure to coordinate led to disastrous results. One group of officers was left stranded, separated from their riot gear, which sat unused on a parked bus near the Capitol while unprotected officers endured beatings with metal pipes and flagpoles.

The officers said that in the past, weekly Capitol Police intelligence briefings had kept the force well-informed about potential security threats from upcoming events. But those briefings stopped years ago.

Several weeks before Jan. 6, many officers were ordered by their leadership to return their helmets because they were so old, the officers said. One officer told ProPublica he had received his helmet decades ago, and the padding was rotted out. Many said their helmets were never replaced. On the day of the riot, the department only had helmets available in medium size, one officer said. Many officers didn't have gas masks. Most hadn't received riot training in years.

“They've been asking about this for over 10 years — this kind of equipment, this kind of training," said one officer, who asked for anonymity out of concern for retribution. “We've always talked about the big one."

McFaden, the officer who retired last month after more than two decades as a Capitol Police officer, said that the communication failure going into Jan. 6 was consistent with recent history.

As second-in-command at the Capitol Police union, McFaden said, he met with then-Chief Steven Sund and other leaders of the force every two weeks.

“We'd consistently ask them, for years, 'What are the contingency plans for upcoming events?'" McFaden told ProPublica. “We'd always get either a no response, or that things were in flux and it's a national security issue and we can't divulge that information at this time."

In the absence of communication from the upper ranks on how to prepare, officers turned to social media or to each other.

One officer said he first heard about the planned protest a week before, when a friend from another federal agency called him to say, as he recalled: “You all are gonna have your hands full next week. You got some mean boys coming up there." The officer was confused. “What do you mean?" he replied.

As the day drew nearer, the chatter became more tense. Twitter and Facebook were abuzz with hotel rooms filling up, and Trump supporters were pouring into Washington, announcing their plans to initiate a “civil war" or “revolution." On a well-trafficked pro-Trump forum, one of the most popular posts from Jan. 5 said Congress “has a choice to make tomorrow": certify Trump's victory, or “get lynched by patriots."

Officers, particularly the younger ones, spent shifts glued to their phones, forwarding ominous posts to their sergeants.

Similar warnings reached the Capitol Police's intelligence division. ProPublica obtained a previously unreported 17-page Capitol Police operational plan that showed select officials were notified of “numerous social media posts" encouraging protesters to arrive armed.

The document, which is dated Jan. 5, also states that white supremacists and the Proud Boys were expected to attend the rally, along with “other extremist groups," including antifa, the left-wing movement that has clashed with far-right groups and drawn the ire of some Republicans. The plan called for “counter-sniper teams" on the Capitol dome and officers monitoring for concealed weapons, but did not discuss a potential breach of the Capitol.

Other intelligence reports reviewed by ProPublica reveal inconsistencies — a sign of internal confusion about how best to respond.

ProPublica also obtained four daily reports from the department's intelligence division that were shared widely among commanders of the force, spanning the dates Jan. 4 through Jan. 7. The documents make no mention of expected extremist groups or the possibility that demonstrators would be armed. Instead, they note simply that “folks could organize a demonstration on USCP grounds."

The intelligence reports provide a kind of threat scale that gauges the likelihood of arrests. The Jan. 6 rally was scored as “improbable," meaning it had a 20% to 45% chance of resulting in arrests. Two small anti-Trump counterdemonstrations organized by local left-wing and antifascist groups were assigned the same risk level.

Sund, who submitted his resignation as chief of the Capitol Police on Jan. 7, later said he had tried to call in the National Guard two days before the riot. He said the sergeants-at-arms — the House and Senate officials responsible for security of lawmakers — denied his request. Both officials have since resigned. Reached by phone, former House sergeant-at-arms Paul Irving declined to comment. Former Senate sergeant-at-arms Michael Stenger did not immediately respond to a message left by phone.

In an emailed response to questions for this story, Sund said he and other departmental leaders were not responsible for assigning risk levels to upcoming events, and that he is “not sure of the process" the Capitol Police intelligence division uses to assess risk. He said intelligence was shared with division commanders to pass along to their troops, and that he emailed the assistant and deputy chiefs on Jan. 5 to ensure officers knew what to expect the following day. Sund also said “the force did much more to prepare for the events of January 6 than we did to prepare for BLM demonstrations," including expanding the perimeter around the Capitol and coordinating support from Metropolitan police. He said any “breakdown in communication" on Jan. 6 was “surely the result of the extraordinary events of that day."

He also defended his actions in an eight-page letter to congressional leaders dated Feb. 1, saying, in essence, that he and his fellow leaders did the best they could with the information they had.

Sund said he ordered an “all hands on deck" response, meaning every available officer “would be working." He said he deployed about 250 specialized crowd control officers, “approximately four platoons" of which were outfitted in riot gear. He said that during the riot he urgently requested help from a variety of federal and local agencies. He added that the Capitol Police ordered more helmets and received about 100 of them on Jan. 4. But he acknowledged that “a number of systems broke down."

“I also wish we had had better intelligence and warnings as to the possibility of this type of military style armed insurrection," Sund wrote, pointing out that there was a shared responsibility across a number of agencies. “The entire intelligence community seems to have missed this."

Run-Up to the Riot: “If Something Happens, Just Find Work"

At 7 a.m. on Jan. 6, an officer on the department's midnight shift finished work and got into his car near the Capitol. Already, swarms of people were walking past, waving Trump flags. He sat in the driver's seat for a minute, watching. He called up an old colleague and marveled at the crowd.

The officer was surprised his superiors were letting him off duty. During the Black Lives Matter protests last summer, the night shift had often been held over to help. But he hadn't heard anything from his bosses, so he drove home to the Maryland suburbs and went to sleep. When he woke up, he saw on television what was happening and sped back, following an unmarked police car that had its lights flashing.

Meanwhile, officers belonging to the riot squad were making their way into the district to start their shifts. They could see throngs of people pouring out of Union Station, the railway hub within sight of the Capitol. They, too, were startled by the number of people on the streets that morning — it seemed that at every red light, a hundred demonstrators crossed in front of them. The officers hurried to prepare themselves for a long day.

At 10 a.m., as Trump supporters began to gather to listen to the president, the riot squad held roll call at a building a few blocks from the Capitol steps. There was little new to share from the intelligence division. Instead, the riot squad's sergeants played clips found on social media: videos of protesters meeting in cities across the country, getting ready to drive to D.C. They told officers to make sure they had filters in their gas masks and snacks in their pockets.

With no real direction from their superiors, the sergeants tried to get their troops mentally prepared.

“You guys all drove in, you guys saw the same thing we did," one of the sergeants told the officers, according to members of the team. “If something happens," another instructed, “just find work."

The unit put on their riot gear: helmets and body armor. Shields were placed in strategic areas around the Capitol complex, though some officers later said they could not get to them. One sergeant gave officers a final warning. “If this goes good, then we'll laugh about it," he told them. “But if it goes bad, it'll change your life and you'll never forget about it. They'll talk about this for years and years and years."

The riot squad members got on a bus to await their orders.

Sitting in his gear, one officer was struck by the age range of the people in attendance. “People had their little kids, 2-year-olds, babies in strollers," he recalled. An elderly woman with a walker inched toward the Capitol: “Every two steps, she has to stop and catch her breath."

After about an hour, the radio crackled: A possible bomb had been found outside the Republican National Committee headquarters, southeast of the Capitol complex. Capitol Police officers raced to the scene.

On the bus, the information did not set off panic. Suspicious packages are discovered all the time on the Hill; usually they are false alarms.

Then another, more urgent call went out. A 10-33, code for an officer in distress. An officer had been knocked backwards and hit her head on a flight of steps. The outer perimeter surrounding the west front of the Capitol had been breached.

Normally, the sergeants on the bus would wait for orders. But one snapped. “Fuck this, we're going," he said. The bus steered around the Capitol, barely squeezing between parked cars and protesters that had clogged a drive alongside the building.

Realizing they were effectively marooned, the sergeants ordered the riot squad off the bus. They began to walk across a wide lawn outside the Capitol.

As the officers drew closer, they realized that the lower section of the building's west terrace was guarded only by what is known as a “soft squad," officers with little protective gear dressed in neon yellow outerwear and baseball caps. The rioters were attempting to pull away metal barricades known as “bike racks," and striking officers with their fists. With about 150 yards to go, the squad members broke into a dead sprint.

Once they reached the lower steps, the riot officers spread out behind the soft squad, tapping its members out, one by one. The riot squad came into formation in front of their less-protected colleagues: about two dozen officers attempting to hold 120 feet of open space, behind the line of barricades.

Looking out toward the Mall and the Washington Monument, the squad realized the grass had disappeared from view, blocked out by a crowd of thousands.

The Attack: “Pick a Side"

At about 1 p.m., Trump gave a rousing speech to protesters, suggesting they head to the Capitol to protest the election certification. “We're going to walk down" to the Capitol, where they must “fight," he said.

“We're going to the Capitol," he told the increasingly agitated crowd of protesters. “We're going to try and give [Republicans] the kind of pride and boldness that they need to take back our country."

Vice President Mike Pence had just arrived in the House Chamber. The lawmakers awaiting him still hadn't realized just how dire the situation was becoming.

To Sund, it was already clear that “the situation was deteriorating rapidly," he wrote in his letter. He requested support from a number of agencies, including the Secret Service, and asked the sergeants-at-arms to authorize the National Guard and declare a state of emergency. According to the letter, Sund recalled that Irving, the House sergeant-at-arms, said he “needed to run it up the chain of command."

Outside on the lower west terrace, the rioters had begun launching their offensive. At first, they pushed officers from across the bike racks, almost testing to see what they could get away with. Soon it became a fistfight. In what felt like minutes, it turned into an all-out brawl involving scores of armed rioters.

To the police on the line, it seemed like every time they shoved one protester back, three more surged ahead to take their place.

“Some of them, as they are holding a thin blue line flag, looked you dead in the eye and said, 'Pick a side,'" one officer told ProPublica.

One officer hit a demonstrator and watched a pistol pop out of the rioter's waistband. The officer picked the weapon up off the ground and, with no time or backup to initiate an arrest, put it in his pocket and continued fighting.

Plumes of tear gas billowed behind the police line. Officers were startled by the sight of department commanders joining their desperate troops to defend the Capitol.

Inspector Thomas Loyd, the man in charge of the department's Capitol Division, threw off his hat and raised his fists. Deputy Chief Eric Waldow waded into the crowd. With the build of a linebacker, he cut a menacing figure, throwing punches as the bear spray stained his white uniform orange.

The two are now revered by the department's rank and file, who complain that other leaders were missing in action. Waldow and Loyd referred ProPublica to the Capitol Police public information office, which declined to comment.

The only other high-ranking official who officers said they heard on the radio that day was Yogananda Pittman, the department's assistant chief for protective and intelligence operations. Multiple officers told ProPublica that Pittman addressed the troops only once on the radio, when she ordered that the Capitol be locked down. Loyd, the union said in a public statement in January, had already given the same order about an hour before.

Elsewhere, another riot squad was in even worse shape. These officers had been dispatched to help quell a group of protesters gathered near a monument west of the Capitol. But they had been instructed by their superior officers to leave their gear on a bus. Now they were separated from the bus, defenseless.

“They were holding back some protesters, with just bike racks," said McFaden. “Well, those bike racks actually were used as weapons against the officers. Who had the bright idea of sending a hard squad with no gear? ... The coordination was just not there."

McFaden said that one member of that squad was hit in the head by a bike rack and knocked unconscious.

As the battle raged, officers stationed away from the combat were still trying to figure out if they were authorized to respond. They heard calls on their radios for “all available units." But officers at fixed posts didn't know what that meant.

“How the fuck am I supposed to know if I'm available?" thought one officer, stationed at a perimeter post with no rioters in sight. The officer's supervisors didn't know either. The group decided to stay put: If they left, there was a chance their post could be overrun. They were stuck listening to their colleagues fight and cry for help over the radio.

McFaden was also stationed away from the rioters, tasked with guarding a parking garage on the Rayburn House Office Building's west side. From his post, he had a clear view of the battle on the west front, but he'd received orders to stay at the garage entrance. At 56 years old, he had worked for the Capitol Police House Division for more than 20 years. He was slated to retire in just a few weeks. Now he was watching, powerless, as flash-bang grenades went off in front of a building he was sworn to protect.

By this point, time had become a blur to the officers at the west front. But somewhere around 1:15 p.m., it felt for a moment like the cavalry arrived. Dozens of officers in black riot gear came over the wall on the south side of the terrace. Washington's Metropolitan Police Department, the only other members of law enforcement on the west front in riot gear that day, had arrived.

But the reinforcements could only slow the crowd. About an hour and a half after the Metropolitan police arrived, the rioters broke through the line. In the melee, a rioter was captured on video hurling a fire extinguisher at the Capitol police. It struck an officer in the head, giving him a concussion, according to his colleagues. That officer was one of at least two to be assaulted with such a device that day; another, Brian Sicknick, died from his injuries the following day.

The rioters pulled at least two of the Capitol Police officers in riot gear into the crowd, stealing their batons and pepper spray and setting off a kind of human tug of war, before other officers were eventually able to pull their colleagues out.

Soon, the police had their backs against a wall. They formed a semicircle, doing their best to defend themselves against jabs with flagpoles and shots from bear spray canisters and pepper spray guns.

The officers made their way toward the staircase leading up to the second floor of the west terrace. A line of officers pushed each other up the narrow steps. When they got to the terrace, they rushed through a door leading to the inside of the building. Metropolitan police formed a wall of riot shields behind them, sealing off the entrance.

The crowd never made it through the doors. Video footage shows a Metropolitan police officer trapped in the door, screaming in agony. As the police poured inside, some members of Congress were still on the House floor, yet to be evacuated.

At around this time, Sund was on a conference call with four different agencies and had just learned that he needed Pentagon approval to activate the National Guard. According to Sund's letter, Lt. Gen. Walter Piatt, the director of Army staff, remained skeptical. “I don't like the visual of the National Guard standing [in] a line with the Capitol in the background," Piatt said, suggesting that the guard relieve Capitol Police officers from their fixed posts instead. Piatt and the Department of Defense did not immediately respond to an emailed list of questions. (In a statement on Jan. 11, Piatt denied making such a comment. He later acknowledged that he “may" have said it.)

Once inside, the riot squad searched desperately for water. The pepper spray and bear spray cocktail was overwhelming, seeping through the tiny breathing holes of their masks.

Officers spat out phlegm and vomited into trash cans. When they eventually found water, they rushed to wash the chemicals out of their eyes and put their helmets back on. They climbed up another flight of stairs to get to the Capitol crypt, the circular room directly beneath the rotunda.

As the officers ascended, they met more rioters, who were being pushed down the stairs by Metropolitan police. The Capitol police felt like they were swimming upstream through a mob, grabbing the protesters by their limbs and shoulders as they tried to reach the next level of the Capitol.

One officer said the crypt looked like something out of a Michael Bay movie, trash strewn everywhere, the air thick with smoke.

After the crypt was cleared, another officer made it to the Capitol rotunda. He said he still can't shake the scene: On the walls, a 19th-century frieze depicted the Battle of Lexington and the signing of the Declaration of Independence; on the ground, pepper balls whizzed into the crowd and the smell of chemicals wafted through the air.

McFaden, too, finally got a call to jump into the action, and was ordered to the rotunda. When he arrived beneath its domed ceiling, already breathless from the run over, he got hit in the face with bear spray.

“I felt like you could fry an egg on my forehead," he said.

The Aftermath: “I Don't Trust the People Above Me to Make Decisions to Bring Me Home Safe"

By about 4 p.m., other agencies had arrived in the rotunda: FBI SWAT teams, police officers from surrounding counties. Law enforcement moved in lines two or three deep, pushing the demonstrators out of the building's east doors.

With their guns drawn, officers teamed up and began searching the Capitol, clearing rooms one by one. Members of Congress were now huddled with their staff, cowering petrified behind furniture they had piled against their office doors.

The first 150 or so members of the National Guard finally arrived at 5:40 p.m.

“I still cannot fathom why in the midst of an armed insurrection, which was broadcast worldwide on television, it took the Department of Defense over three hours to approve an urgent request for National Guard support," Sund wrote in his letter. In response to questions for this story, the National Guard sent a timeline that confirmed their 5:40 p.m. arrival and referred ProPublica to a press release stating they worked with Capitol and Metropolitan police “to assist with an immediate response."

At around 8 p.m., Capitol Police declared the complex secure. It was pitch-black outside by the time the riot squad that fought on the west front reunited. There was little conversation. They sat exhausted on the steps by the Memorial Door, helmets at their feet, staring at each other in disbelief. Some hugged each other. Others cried.

One saw that he had missed 17 calls and nearly 100 text messages. High school friends he hadn't spoken to in years reached out on Instagram. In text after text, the same words: “I saw the news." “Call me when you get this." “I love you."

The messages made some of the news coverage that came later, in which police were accused of siding with the mob, easier to stomach. He knew nothing he had done that day could be construed as complicit with the rioters. It looked like at least some of his friends and relatives knew it too.

Several officers said they didn't get home until the early morning hours of the next day. One said when he got home he went straight to his washing machine to put his bear-spray-soaked uniform into a cold-water wash. Another said that he could not get rid of the smell or the itch of the chemicals for days.

For a week afterward, one officer said, he cried nightly. Three Capitol Police officers died in early January: Brian Sicknick, who was beaten over the head with a fire extinguisher; Howard Liebengood, who died by suicide following the riot; and Eric Marshall, who died of cancer four days before the riot. Almost 140 Capitol and Metropolitan police officers were injured, according to a union statement. One had two cracked ribs and two smashed spinal discs.

A week or so later, McFaden and union chair Gus Papathanasiou met with leadership for the first time since Sund's resignation on Jan. 7. Acting Chief Pittman, Assistant Chief Chad Thomas and other senior officers were in attendance.

Loyd, the inspector who had thrown punches on the west front, was also there. McFaden had the sense that Loyd was only brought in to defuse tension with the union, which had more questions than leadership had answers.

Pittman acknowledged that the force was in a dark place and a culture change was sorely needed. But McFaden said the acting chief quickly became taciturn. When she was asked where she and her fellow chiefs were during the riot and why they weren't on the radio, she dodged the question.

Meetings with union leadership usually last at least an hour, but after 30 minutes, McFaden said, Pittman got up to leave for another engagement.

The union leaders were enraged. They turned to Thomas and asked why he wasn't on the radio that day.

“He said he was trying to do that for like 10 to 15 seconds, and he couldn't get on the radio," McFaden said. “This event lasted for hours. ... I mean, come on." Pittman and Thomas did not respond to calls for comment.

It was only through Pittman's testimony at a closed Congressional briefing on Jan. 26 that most Capitol Police officers learned that the force did in fact have intelligence warnings of possible violence. She admitted that the department failed to adequately act on it.

The officers said they are still waiting for an apology. Many are looking for new jobs.

“Let's face it. Now the whole world knows where the vulnerabilities of the Capitol are," said one officer. “I don't trust the people above me to make decisions to bring me home safe."

New interviews show how Capitol rioters came dangerously close to acting on threats against lawmakers

This story was originally published by ProPublica.

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Series: The Insurrection

The Effort to Overturn the Election

The riot squad defending the embattled entrance to the west side of the U.S. Capitol was surrounded by violence. Rioters had clambered up the scaffolding by the stage erected for the inauguration of President Joseph Biden. They hurled everything they could get their hands on at the cops beneath: rebar, plywood, power tools, even cans of food they had frozen for extra damage.

In front of the cops, a mob was mounting a frontal assault. Its members hit officers with fists and baseball bats. They grabbed at weapons slung from the officers' waists. They unleashed a barrage of M-80 firecrackers. Soaked in never-ending streams of bright orange bear spray, the officers choked on plumes of acrid smoke that singed their nostrils and obscured their vision.

One officer in the middle of the scrum, a combat veteran, thought the rioters were so vicious, so relentless, that they seemed fueled by methamphetamine. To his left, he watched a chunk of steel strike a fellow officer above the eye, setting off a geyser of blood. A pepper ball tore through the air over his shoulder and exploded against the jaw of a man in front of him. The round, filled with chemical irritant, ripped the rioter's face open. His teeth were now visible through a hole in his cheek. Blood poured out, puddling on the pavement surrounding the building. But the man kept coming.

The combat veteran was hit with bear spray eight times. His experience overseas "was nothing like this," he said. “Nothing at all."

Over the last several weeks, ProPublica has interviewed 19 current and former U.S. Capitol Police officers about the assault on the Capitol. Following on the dramatic video of officers defending the building that House lawmakers showed during the first day of the impeachment trial of former President Donald Trump, the interviews provide the most detailed account to date of a most extraordinary battle.

The enemies on Jan. 6 were Americans: thousands of people from across the country who had descended on the Capitol, intent on stopping Congress from certifying an election they believed was stolen from Trump. They had been urged to attend by Trump himself, with extremist right-wing and militia leaders calling for violence.

Many of the officers were speaking to reporters for the first time about the day's events, almost all anonymously for fear of retribution. That they spoke at all is an indication of the depth of their frustration over the botched response. ProPublica also obtained confidential intelligence bulletins and previously unreported planning documents.

Combined, the information makes clear how failures of leadership, communication and tactics put the lives of hundreds of officers at risk and allowed rioters to come dangerously close to realizing their threats against members of Congress.

In response to questions for this story, the Capitol Police sent a one-sentence email: “There is a multi-jurisdictional investigation underway and in order to protect that process, we are unfortunately unable to provide any comment at this time."

The interviews also revealed officers' concerns about disparities in the way the force prepared for Black Lives Matter demonstrations versus the pro-Trump protests on Jan. 6. Officers said the Capitol Police force usually plans intensively for protests, even if they are deemed unlikely to grow violent. Officers said they spent weeks working 12- or 16-hour days, poised to fight off a riot, after George Floyd was killed by Minneapolis police — even though intelligence suggested there was not much danger from protesters.

“We had intel that nothing was going to happen — literally nothing," said one former official with direct knowledge of planning for the Black Lives Matter demonstrations. “The response was, 'We don't trust the intel.'"

By contrast, for much of the force, Jan. 6 began like any other day.

“We normally have pretty good information regarding where these people are and how far they are from the Capitol," said Keith McFaden, a former Capitol Police officer and union leader who retired from the force following the riot. “We heard nothing that day."

For the members of the riot squad who formed the first line of defense on the Capitol's lower west terrace on Jan. 6, the lack of information could not have come with higher stakes.

Thrust into the most intense battle of the insurrection, the roughly two dozen officers bought lawmakers crucial time to scramble for safety. For about 100 heart-pounding minutes, they slipped and skidded across a stone surface slick with blood and bear spray, attempting to hold their ground against a rampaging mass of thousands.

To many of them, it felt like no one was in charge of the Capitol's defense. All they could hear on the police radio were desperate cries for help.

At one point, the combat veteran was forced to stumble back from the line, his face so covered in bear spray he could barely see or breathe.

When he came to, a surge spilled over to his south. The crowd pushed over several bike racks. He realized the unfathomable had happened. His squad had lost the line; the mob could now enter the Capitol. There was no choice but to fall back. The officers stumbled over blood and debris until they were pressed against a limestone wall at the rear of the terrace. The mob had them cornered.

The officers, drained from their standoff, found a narrow staircase leading to an entrance of the building. But it could fit only one officer at a time. So they took turns climbing it as the crowd closed in, screaming obscenities and threatening murder.

“You fucking faggots!" one shouted. “You're not even American!"

Waiting to climb the stairs, the combat veteran feared the worst. “This is where they'll find my body," he thought.

The Intelligence: “A Normal Fucking Day"

On the morning of Jan. 4, members of a civil disturbance unit gathered in a briefing room. A small group of officers were shown a document from Capitol intelligence officials that projected as many as 20,000 people arriving in Washington that week. The crowd would include members of several militia and right-wing extremist groups, including the Proud Boys, the Boogaloo Bois and the white supremacist Patriot Front. Some were expected to be armed, according to one officer who attended the briefing. The document anticipated that there could be violence.

The officers weren't allowed to physically share the document with anyone else, but they relayed its substance to the rest of their squad in a separate meeting. Together, the unit members discussed possible scenarios and pored over a map of the Capitol and its surroundings to identify vulnerable areas that could erupt in conflict.

The iconic west front of the Capitol emerged as an obvious target. Donald Trump was going to speak at the Ellipse across from the White House; from there, it's a direct walk past the Washington Monument and the reflecting pool outside the Capitol to the western facade of the building. The riot squad knew that if the crowd was going to violently confront police, that's where it would probably happen.

But the intelligence the unit relied on to make that judgment was not widely shared within the department. Several officers assigned to other commands told ProPublica they received no warning whatsoever going into Jan. 6. “We went to work like it was a normal fucking day," one said.

“It was business as usual," said another, who has been on the force for more than 15 years. “The main thing we were told was to be on the lookout for counterdemonstrators."

The Capitol Police force is made up of four main divisions, each responsible for safeguarding its own section of the Capitol complex. But ProPublica learned that these divisions operate in silos, often out of sync with one another. On Jan. 6, their failure to coordinate led to disastrous results. One group of officers was left stranded, separated from their riot gear, which sat unused on a parked bus near the Capitol while unprotected officers endured beatings with metal pipes and flagpoles.

The officers said that in the past, weekly Capitol Police intelligence briefings had kept the force well-informed about potential security threats from upcoming events. But those briefings stopped years ago.

Several weeks before Jan. 6, many officers were ordered by their leadership to return their helmets because they were so old, the officers said. One officer told ProPublica he had received his helmet decades ago, and the padding was rotted out. Many said their helmets were never replaced. On the day of the riot, the department only had helmets available in medium size, one officer said. Many officers didn't have gas masks. Most hadn't received riot training in years.

“They've been asking about this for over 10 years — this kind of equipment, this kind of training," said one officer, who asked for anonymity out of concern for retribution. “We've always talked about the big one."

McFaden, the officer who retired last month after more than two decades as a Capitol Police officer, said that the communication failure going into Jan. 6 was consistent with recent history.

As second-in-command at the Capitol Police union, McFaden said, he met with then-Chief Steven Sund and other leaders of the force every two weeks.

“We'd consistently ask them, for years, 'What are the contingency plans for upcoming events?'" McFaden told ProPublica. “We'd always get either a no response, or that things were in flux and it's a national security issue and we can't divulge that information at this time."

In the absence of communication from the upper ranks on how to prepare, officers turned to social media or to each other.

One officer said he first heard about the planned protest a week before, when a friend from another federal agency called him to say, as he recalled: “You all are gonna have your hands full next week. You got some mean boys coming up there." The officer was confused. “What do you mean?" he replied.

As the day drew nearer, the chatter became more tense. Twitter and Facebook were abuzz with hotel rooms filling up, and Trump supporters were pouring into Washington, announcing their plans to initiate a “civil war" or “revolution." On a well-trafficked pro-Trump forum, one of the most popular posts from Jan. 5 said Congress “has a choice to make tomorrow": certify Trump's victory, or “get lynched by patriots."

Officers, particularly the younger ones, spent shifts glued to their phones, forwarding ominous posts to their sergeants.

Similar warnings reached the Capitol Police's intelligence division. ProPublica obtained a previously unreported 17-page Capitol Police operational plan that showed select officials were notified of “numerous social media posts" encouraging protesters to arrive armed.

The document, which is dated Jan. 5, also states that white supremacists and the Proud Boys were expected to attend the rally, along with “other extremist groups," including antifa, the left-wing movement that has clashed with far-right groups and drawn the ire of some Republicans. The plan called for “counter-sniper teams" on the Capitol dome and officers monitoring for concealed weapons, but did not discuss a potential breach of the Capitol.

Other intelligence reports reviewed by ProPublica reveal inconsistencies — a sign of internal confusion about how best to respond.

ProPublica also obtained four daily reports from the department's intelligence division that were shared widely among commanders of the force, spanning the dates Jan. 4 through Jan. 7. The documents make no mention of expected extremist groups or the possibility that demonstrators would be armed. Instead, they note simply that “folks could organize a demonstration on USCP grounds."

The intelligence reports provide a kind of threat scale that gauges the likelihood of arrests. The Jan. 6 rally was scored as “improbable," meaning it had a 20% to 45% chance of resulting in arrests. Two small anti-Trump counterdemonstrations organized by local left-wing and antifascist groups were assigned the same risk level.

Sund, who submitted his resignation as chief of the Capitol Police on Jan. 7, later said he had tried to call in the National Guard two days before the riot. He said the sergeants-at-arms — the House and Senate officials responsible for security of lawmakers — denied his request. Both officials have since resigned. Reached by phone, former House sergeant-at-arms Paul Irving declined to comment. Former Senate sergeant-at-arms Michael Stenger did not immediately respond to a message left by phone.

In an emailed response to questions for this story, Sund said he and other departmental leaders were not responsible for assigning risk levels to upcoming events, and that he is “not sure of the process" the Capitol Police intelligence division uses to assess risk. He said intelligence was shared with division commanders to pass along to their troops, and that he emailed the assistant and deputy chiefs on Jan. 5 to ensure officers knew what to expect the following day. Sund also said “the force did much more to prepare for the events of January 6 than we did to prepare for BLM demonstrations," including expanding the perimeter around the Capitol and coordinating support from Metropolitan police. He said any “breakdown in communication" on Jan. 6 was “surely the result of the extraordinary events of that day."

He also defended his actions in an eight-page letter to congressional leaders dated Feb. 1, saying, in essence, that he and his fellow leaders did the best they could with the information they had.

Sund said he ordered an “all hands on deck" response, meaning every available officer “would be working." He said he deployed about 250 specialized crowd control officers, “approximately four platoons" of which were outfitted in riot gear. He said that during the riot he urgently requested help from a variety of federal and local agencies. He added that the Capitol Police ordered more helmets and received about 100 of them on Jan. 4. But he acknowledged that “a number of systems broke down."

“I also wish we had had better intelligence and warnings as to the possibility of this type of military style armed insurrection," Sund wrote, pointing out that there was a shared responsibility across a number of agencies. “The entire intelligence community seems to have missed this."

Run-Up to the Riot: “If Something Happens, Just Find Work"

At 7 a.m. on Jan. 6, an officer on the department's midnight shift finished work and got into his car near the Capitol. Already, swarms of people were walking past, waving Trump flags. He sat in the driver's seat for a minute, watching. He called up an old colleague and marveled at the crowd.

The officer was surprised his superiors were letting him off duty. During the Black Lives Matter protests last summer, the night shift had often been held over to help. But he hadn't heard anything from his bosses, so he drove home to the Maryland suburbs and went to sleep. When he woke up, he saw on television what was happening and sped back, following an unmarked police car that had its lights flashing.

Meanwhile, officers belonging to the riot squad were making their way into the district to start their shifts. They could see throngs of people pouring out of Union Station, the railway hub within sight of the Capitol. They, too, were startled by the number of people on the streets that morning — it seemed that at every red light, a hundred demonstrators crossed in front of them. The officers hurried to prepare themselves for a long day.

At 10 a.m., as Trump supporters began to gather to listen to the president, the riot squad held roll call at a building a few blocks from the Capitol steps. There was little new to share from the intelligence division. Instead, the riot squad's sergeants played clips found on social media: videos of protesters meeting in cities across the country, getting ready to drive to D.C. They told officers to make sure they had filters in their gas masks and snacks in their pockets.

With no real direction from their superiors, the sergeants tried to get their troops mentally prepared.

“You guys all drove in, you guys saw the same thing we did," one of the sergeants told the officers, according to members of the team. “If something happens," another instructed, “just find work."

The unit put on their riot gear: helmets and body armor. Shields were placed in strategic areas around the Capitol complex, though some officers later said they could not get to them. One sergeant gave officers a final warning. “If this goes good, then we'll laugh about it," he told them. “But if it goes bad, it'll change your life and you'll never forget about it. They'll talk about this for years and years and years."

The riot squad members got on a bus to await their orders.

Sitting in his gear, one officer was struck by the age range of the people in attendance. “People had their little kids, 2-year-olds, babies in strollers," he recalled. An elderly woman with a walker inched toward the Capitol: “Every two steps, she has to stop and catch her breath."

After about an hour, the radio crackled: A possible bomb had been found outside the Republican National Committee headquarters, southeast of the Capitol complex. Capitol Police officers raced to the scene.

On the bus, the information did not set off panic. Suspicious packages are discovered all the time on the Hill; usually they are false alarms.

Then another, more urgent call went out. A 10-33, code for an officer in distress. An officer had been knocked backwards and hit her head on a flight of steps. The outer perimeter surrounding the west front of the Capitol had been breached.

Normally, the sergeants on the bus would wait for orders. But one snapped. “Fuck this, we're going," he said. The bus steered around the Capitol, barely squeezing between parked cars and protesters that had clogged a drive alongside the building.

Realizing they were effectively marooned, the sergeants ordered the riot squad off the bus. They began to walk across a wide lawn outside the Capitol.

As the officers drew closer, they realized that the lower section of the building's west terrace was guarded only by what is known as a “soft squad," officers with little protective gear dressed in neon yellow outerwear and baseball caps. The rioters were attempting to pull away metal barricades known as “bike racks," and striking officers with their fists. With about 150 yards to go, the squad members broke into a dead sprint.

Once they reached the lower steps, the riot officers spread out behind the soft squad, tapping its members out, one by one. The riot squad came into formation in front of their less-protected colleagues: about two dozen officers attempting to hold 120 feet of open space, behind the line of barricades.

Looking out toward the Mall and the Washington Monument, the squad realized the grass had disappeared from view, blocked out by a crowd of thousands.

The Attack: “Pick a Side"

At about 1 p.m., Trump gave a rousing speech to protesters, suggesting they head to the Capitol to protest the election certification. “We're going to walk down" to the Capitol, where they must “fight," he said.

“We're going to the Capitol," he told the increasingly agitated crowd of protesters. “We're going to try and give [Republicans] the kind of pride and boldness that they need to take back our country."

Vice President Mike Pence had just arrived in the House Chamber. The lawmakers awaiting him still hadn't realized just how dire the situation was becoming.

To Sund, it was already clear that “the situation was deteriorating rapidly," he wrote in his letter. He requested support from a number of agencies, including the Secret Service, and asked the sergeants-at-arms to authorize the National Guard and declare a state of emergency. According to the letter, Sund recalled that Irving, the House sergeant-at-arms, said he “needed to run it up the chain of command."

Outside on the lower west terrace, the rioters had begun launching their offensive. At first, they pushed officers from across the bike racks, almost testing to see what they could get away with. Soon it became a fistfight. In what felt like minutes, it turned into an all-out brawl involving scores of armed rioters.

To the police on the line, it seemed like every time they shoved one protester back, three more surged ahead to take their place.

“Some of them, as they are holding a thin blue line flag, looked you dead in the eye and said, 'Pick a side,'" one officer told ProPublica.

One officer hit a demonstrator and watched a pistol pop out of the rioter's waistband. The officer picked the weapon up off the ground and, with no time or backup to initiate an arrest, put it in his pocket and continued fighting.

Plumes of tear gas billowed behind the police line. Officers were startled by the sight of department commanders joining their desperate troops to defend the Capitol.

Inspector Thomas Loyd, the man in charge of the department's Capitol Division, threw off his hat and raised his fists. Deputy Chief Eric Waldow waded into the crowd. With the build of a linebacker, he cut a menacing figure, throwing punches as the bear spray stained his white uniform orange.

The two are now revered by the department's rank and file, who complain that other leaders were missing in action. Waldow and Loyd referred ProPublica to the Capitol Police public information office, which declined to comment.

The only other high-ranking official who officers said they heard on the radio that day was Yogananda Pittman, the department's assistant chief for protective and intelligence operations. Multiple officers told ProPublica that Pittman addressed the troops only once on the radio, when she ordered that the Capitol be locked down. Loyd, the union said in a public statement in January, had already given the same order about an hour before.

Elsewhere, another riot squad was in even worse shape. These officers had been dispatched to help quell a group of protesters gathered near a monument west of the Capitol. But they had been instructed by their superior officers to leave their gear on a bus. Now they were separated from the bus, defenseless.

“They were holding back some protesters, with just bike racks," said McFaden. “Well, those bike racks actually were used as weapons against the officers. Who had the bright idea of sending a hard squad with no gear? ... The coordination was just not there."

McFaden said that one member of that squad was hit in the head by a bike rack and knocked unconscious.

As the battle raged, officers stationed away from the combat were still trying to figure out if they were authorized to respond. They heard calls on their radios for “all available units." But officers at fixed posts didn't know what that meant.

“How the fuck am I supposed to know if I'm available?" thought one officer, stationed at a perimeter post with no rioters in sight. The officer's supervisors didn't know either. The group decided to stay put: If they left, there was a chance their post could be overrun. They were stuck listening to their colleagues fight and cry for help over the radio.

McFaden was also stationed away from the rioters, tasked with guarding a parking garage on the Rayburn House Office Building's west side. From his post, he had a clear view of the battle on the west front, but he'd received orders to stay at the garage entrance. At 56 years old, he had worked for the Capitol Police House Division for more than 20 years. He was slated to retire in just a few weeks. Now he was watching, powerless, as flash-bang grenades went off in front of a building he was sworn to protect.

By this point, time had become a blur to the officers at the west front. But somewhere around 1:15 p.m., it felt for a moment like the cavalry arrived. Dozens of officers in black riot gear came over the wall on the south side of the terrace. Washington's Metropolitan Police Department, the only other members of law enforcement on the west front in riot gear that day, had arrived.

But the reinforcements could only slow the crowd. About an hour and a half after the Metropolitan police arrived, the rioters broke through the line. In the melee, a rioter was captured on video hurling a fire extinguisher at the Capitol police. It struck an officer in the head, giving him a concussion, according to his colleagues. That officer was one of at least two to be assaulted with such a device that day; another, Brian Sicknick, died from his injuries the following day.

The rioters pulled at least two of the Capitol Police officers in riot gear into the crowd, stealing their batons and pepper spray and setting off a kind of human tug of war, before other officers were eventually able to pull their colleagues out.

Soon, the police had their backs against a wall. They formed a semicircle, doing their best to defend themselves against jabs with flagpoles and shots from bear spray canisters and pepper spray guns.

The officers made their way toward the staircase leading up to the second floor of the west terrace. A line of officers pushed each other up the narrow steps. When they got to the terrace, they rushed through a door leading to the inside of the building. Metropolitan police formed a wall of riot shields behind them, sealing off the entrance.

The crowd never made it through the doors. Video footage shows a Metropolitan police officer trapped in the door, screaming in agony. As the police poured inside, some members of Congress were still on the House floor, yet to be evacuated.

At around this time, Sund was on a conference call with four different agencies and had just learned that he needed Pentagon approval to activate the National Guard. According to Sund's letter, Lt. Gen. Walter Piatt, the director of Army staff, remained skeptical. “I don't like the visual of the National Guard standing [in] a line with the Capitol in the background," Piatt said, suggesting that the guard relieve Capitol Police officers from their fixed posts instead. Piatt and the Department of Defense did not immediately respond to an emailed list of questions. (In a statement on Jan. 11, Piatt denied making such a comment. He later acknowledged that he “may" have said it.)

Once inside, the riot squad searched desperately for water. The pepper spray and bear spray cocktail was overwhelming, seeping through the tiny breathing holes of their masks.

Officers spat out phlegm and vomited into trash cans. When they eventually found water, they rushed to wash the chemicals out of their eyes and put their helmets back on. They climbed up another flight of stairs to get to the Capitol crypt, the circular room directly beneath the rotunda.

As the officers ascended, they met more rioters, who were being pushed down the stairs by Metropolitan police. The Capitol police felt like they were swimming upstream through a mob, grabbing the protesters by their limbs and shoulders as they tried to reach the next level of the Capitol.

One officer said the crypt looked like something out of a Michael Bay movie, trash strewn everywhere, the air thick with smoke.

After the crypt was cleared, another officer made it to the Capitol rotunda. He said he still can't shake the scene: On the walls, a 19th-century frieze depicted the Battle of Lexington and the signing of the Declaration of Independence; on the ground, pepper balls whizzed into the crowd and the smell of chemicals wafted through the air.

McFaden, too, finally got a call to jump into the action, and was ordered to the rotunda. When he arrived beneath its domed ceiling, already breathless from the run over, he got hit in the face with bear spray.

“I felt like you could fry an egg on my forehead," he said.

The Aftermath: “I Don't Trust the People Above Me to Make Decisions to Bring Me Home Safe"

By about 4 p.m., other agencies had arrived in the rotunda: FBI SWAT teams, police officers from surrounding counties. Law enforcement moved in lines two or three deep, pushing the demonstrators out of the building's east doors.

With their guns drawn, officers teamed up and began searching the Capitol, clearing rooms one by one. Members of Congress were now huddled with their staff, cowering petrified behind furniture they had piled against their office doors.

The first 150 or so members of the National Guard finally arrived at 5:40 p.m.

“I still cannot fathom why in the midst of an armed insurrection, which was broadcast worldwide on television, it took the Department of Defense over three hours to approve an urgent request for National Guard support," Sund wrote in his letter. In response to questions for this story, the National Guard sent a timeline that confirmed their 5:40 p.m. arrival and referred ProPublica to a press release stating they worked with Capitol and Metropolitan police “to assist with an immediate response."

At around 8 p.m., Capitol Police declared the complex secure. It was pitch-black outside by the time the riot squad that fought on the west front reunited. There was little conversation. They sat exhausted on the steps by the Memorial Door, helmets at their feet, staring at each other in disbelief. Some hugged each other. Others cried.

One saw that he had missed 17 calls and nearly 100 text messages. High school friends he hadn't spoken to in years reached out on Instagram. In text after text, the same words: “I saw the news." “Call me when you get this." “I love you."

The messages made some of the news coverage that came later, in which police were accused of siding with the mob, easier to stomach. He knew nothing he had done that day could be construed as complicit with the rioters. It looked like at least some of his friends and relatives knew it too.

Several officers said they didn't get home until the early morning hours of the next day. One said when he got home he went straight to his washing machine to put his bear-spray-soaked uniform into a cold-water wash. Another said that he could not get rid of the smell or the itch of the chemicals for days.

For a week afterward, one officer said, he cried nightly. Three Capitol Police officers died in early January: Brian Sicknick, who was beaten over the head with a fire extinguisher; Howard Liebengood, who died by suicide following the riot; and Eric Marshall, who died of cancer four days before the riot. Almost 140 Capitol and Metropolitan police officers were injured, according to a union statement. One had two cracked ribs and two smashed spinal discs.

A week or so later, McFaden and union chair Gus Papathanasiou met with leadership for the first time since Sund's resignation on Jan. 7. Acting Chief Pittman, Assistant Chief Chad Thomas and other senior officers were in attendance.

Loyd, the inspector who had thrown punches on the west front, was also there. McFaden had the sense that Loyd was only brought in to defuse tension with the union, which had more questions than leadership had answers.

Pittman acknowledged that the force was in a dark place and a culture change was sorely needed. But McFaden said the acting chief quickly became taciturn. When she was asked where she and her fellow chiefs were during the riot and why they weren't on the radio, she dodged the question.

Meetings with union leadership usually last at least an hour, but after 30 minutes, McFaden said, Pittman got up to leave for another engagement.

The union leaders were enraged. They turned to Thomas and asked why he wasn't on the radio that day.

“He said he was trying to do that for like 10 to 15 seconds, and he couldn't get on the radio," McFaden said. “This event lasted for hours. ... I mean, come on." Pittman and Thomas did not respond to calls for comment.

It was only through Pittman's testimony at a closed Congressional briefing on Jan. 26 that most Capitol Police officers learned that the force did in fact have intelligence warnings of possible violence. She admitted that the department failed to adequately act on it.

The officers said they are still waiting for an apology. Many are looking for new jobs.

“Let's face it. Now the whole world knows where the vulnerabilities of the Capitol are," said one officer. “I don't trust the people above me to make decisions to bring me home safe."

Pentagon memo offers one version of events: Days of security planning involved Cabinet officials and President Trump

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

President Donald Trump met with top military officials and gave his approval to activate the D.C. National Guard three days before he encouraged a mob of angry protesters to take their grievances to the U.S. Capitol.

A Pentagon memo released Friday offers these insights, as well as the first detailed timeline of the bungled law enforcement response to Wednesday's insurrection.

The timeline shows that the planning started at least as far back as Dec. 31 and included discussion with select Cabinet members of the potential need for Pentagon reinforcements.

But it also leaves many questions unanswered, including why the U.S. Capitol Police declined repeated offers of assistance from military officials and the full extent of how much Trump knew about the security planning or was involved in decision-making.

The memo, first reported on by NBC News on Friday evening, presents a limited account of the days before the insurrection, and reportshave questioned the completeness of the Pentagon's version of events and the effectiveness of its planning and response. But the memo may well provide a partial roadmap as legislators call for an investigation into how pro-Trump protesters breached the Capitol in a riot that left five people dead, including one Capitol Hill police officer. Three officials who supervise the force have already submitted resignations.

Here's what we know so far, and what we don't.

There was nearly a week of preparation

The Pentagon's timeline begins on the last day of 2020, when Washington Mayor Muriel Bowser and another city official delivered a written request for D.C. National Guard support on Wednesday. For weeks, Trump supporters had shared plans on social media for descending on Washington that day to protest the election results as Congress certified the Electoral College votes that sealed President-elect Joe Biden's victory. In the days after, Acting Secretary of Defense Chris Miller met with “select Cabinet Members," the memo says without specifying which, to discuss Defense Department involvement and “potential requirements" for DOD support.

The Pentagon says Trump authorized the National Guard deployment days before the protest, but the timeline does not say what that entailed

On Sunday, Jan. 3, Miller and the chairman of the Joint Chiefs of Staff, Gen. Mark Milley, met with Trump. According to the memo, the president “concurs in activation" of the National Guard to “support law enforcement." Miller approved the activation of 340 Guard members the following day.

The details of Trump's conversation with Miller and Milley are not known.

The Pentagon participated in a planning exercise — after the protests were already underway

Swarms of pro-Trump protesters assembled in Washington on Wednesday morning, starting at the Ellipse to hear Trump speak and heeding his suggestion that they take their complaints to the Capitol, where Congress was meeting in joint session to certify Biden's election. Trump ended his remarks just after 1 p.m.

Around 11:30 that morning, Miller participated in a tabletop planning exercise regarding DOD's “contingency response options," the memo says. While Miller participated in numerous preparatory conversations with local and federal officials in the week leading up to Wednesday, the timeline gives no indication that any formal planning exercises took place before the day of the attack. The Pentagon did not immediately provide an explanation for the eleventh-hour exercise.

The U.S. Capitol Police declined the Pentagon's offer of support — twice

Three days before the mob overtook the Capitol, DOD contacted the U.S. Capitol Police to confirm that the force was not requesting backup in advance of the scheduled protests, according to the timeline. The next day, the memo says, USCP officials participated in a phone call with Army Secretary Ryan McCarthy and once again confirmed they did not need the Pentagon's support.

That position only changed at 1:49 on Wednesday afternoon, when USCP Chief Steven Sund called requesting immediate assistance. By then, members of Congress were sheltering in place, with the mob minutes away from breaching the Capitol steps.

It remains unclear what intelligence the Capitol Police, which boasts more than 2,300 employees and a budget of over $400 million, gathered in anticipation of Wednesday's events or why Sund declined to bolster the Capitol's defenses. Sund's resignation was announced on Thursday, and he will leave his position on Jan. 16. Sund and the USCP did not immediately respond to a request for comment.

Washington's mayor and the Pentagon offer conflicting accounts of the lead-up to the protests

After Bowser sent her New Year's Eve request for help from the D.C. National Guard, the DOD memo says it approved sending 340 Guard members to support local officials. It further says that on Tuesday, Bowser delivered a letter confirming that Washington officials had all the support they needed.

But a spokesperson for Bowser's office told NBC News that it was McCarthy, not the mayor, who made the key decisions about the National Guard's response, including setting the number of personnel and establishing “that the guard members were not to move East of 9th Street NW," blocks away from the Capitol itself.

Once the mob was inside the Capitol, it took hours for the National Guard to arrive

At 1:26 p.m. Wednesday, with a mob of protesters about to push through police lines, the USCP ordered the Capitol evacuated. Eight minutes later, according to the DOD timeline, Bowser was on the phone with McCarthy requesting an “unspecified number of additional forces." Sund's call to Pentagon officials followed shortly thereafter.

At 3 p.m., more than an hour after the mayor's call, Miller determined that D.C. National Guard forces were needed to reestablish control of the Capitol, and minutes later, he formally approved the full activation of the D.C. National Guard. At 5:02 p.m., 154 guard members left the D.C. Armory to head to the Capitol, where they arrived roughly 40 minutes later.

By 6:14 p.m., law enforcement had successfully established a perimeter around the west side of the Capitol, according to the memo, and at 8 p.m., Capitol Police declared the building secure.

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