Joshua Kaplan

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

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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

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

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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