The DOJ has filed opposition to the defendant’s motion, saying it has ‘no obligation to investigate’ who the men in the videos are.
Recently released Jan. 6 U.S. Capitol Police security video shows a suspected FBI special agent clapping and cheering as crowds surged up steps to the Columbus Doors and another meeting with an FBI tactical team just before it entered the Capitol after the fatal shooting of Ashli Babbitt.
The videos were first identified by defendant William Pope of Topeka, Kansas, in court filings in his own Jan. 6 criminal case. Exhibits Mr. Pope originally filed under seal have become public since the release of thousands of hours of Jan. 6 security video by the Committee on House Administration Subcommittee on Oversight.
Two possible FBI special agents and a third unknown colleague were with John D. Guandolo, the FBI’s former liaison with U.S. Capitol Police, at the Women for a Great America event on the East Front of the Capitol on Jan. 6, 2021, according to Mr. Pope.
In sworn testimony in a December 2022 Alaska civil court trial and in numerous media appearances, Mr. Guandolo said he was with two FBI special agents and a colleague with whom he traveled to Washington on Jan. 6. Mr. Guandolo has indicated that he was also introduced to other FBI personnel at the Capitol that day.
Mr. Pope is seeking to compel federal prosecutors to identify them all. He said even if the men were at the Capitol on personal time, their free movement around the grounds shows they did not believe the Capitol was off limits to the public.
Mr. Guandolo, who handled counterterrorism and criminal investigations for nearly 13 years—from 1996 to 2008—as an FBI special agent, has said he was at the Capitol in a personal capacity and went primarily to pray.
He was interviewed by the FBI about his Jan. 6 visit on July 6, 2022. A heavily redacted copy of the FBI 302 interview summary has been made public.
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