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Two of President-elect Trump's former co-defendants in the classified documents case want a judge to block Special Counsel Jack Smith's report from being released to the public.
Trump's valet Walt Nauta and Carlos De Oliveira, the property manager of Trump's Mar-a-Lago estate in Palm Beach, Florida, want U.S. District Judge Aileen Cannon to keep Smith’s report out of the public eye.
Fox News is told the report is days from being released. It could be later this week or sometime next week. Smith will resign from his position before Trump takes office on January 20.
"These Defendants will irreparably suffer harm as civilian casualties of the Government’s impermissible and contumacious utilization of political lawfare to include release of the unauthorized Report," Nauta and De Oliveira's attorneys wrote in an emergency motion filed on Monday. "The Final Report relies on materials to which Smith, as disqualified special counsel, is no longer entitled access— making his attempt to share such materials with the public highly improper."
SPECIAL COUNSEL JACK SMITH PLANS TO RESIGN, FILE REPORT BEFORE TRUMP CAN FIRE HIM: REPORT
The emergency motion asked the Court for an immediate hearing to "establish the impropriety of unchecked release; the scope of the resulting prejudice; and the specific materials contained in the Report for which release is impermissible."
"The Final Report promises to be a one-sided, slanted report, relying nearly exclusively on evidence presented to a grand jury and subject to all requisite protections—and which is known to Smith only as a result of his unconstitutional appointment—in order to serve a singular purpose: convincing the public that everyone Smith charged is guilty of the crimes charged," Nauta and De Oliveira's attorneys wrote.
"But Nauta’s and De Oliveira’s criminal cases are not over; the appeal of this Court’s dismissal order by Smith is still pending," the motion says. "The Government notably continued briefing the appeal even following the dismissal of the appeal as to President Trump. There remains the threat of future criminal proceedings as to Nauta and De Oliveira, and those proceedings will be irreversibly and irredeemably prejudiced by dissemination of the Final Report."
It is customary for a special counsel to release a final report when his or her work is done, detailing the findings of their investigation and explaining any prosecution or declination decisions they reached as a result of the probe. In Smith's case, the prosecution decision is immaterial, given Trump's status as president-elect and longstanding Justice Department policy against bringing criminal charges against a sitting president.
The report would first go to Attorney General Merrick Garland’s office for review, according to standard practice.
Trump’s attorney Todd Blanche, who is poised to be in a senior role at the Department of Justice, is asking Garland not to release the report.
"Smith’s proposed plan for releasing a report is unlawful, undertaken in bad faith, and contrary to the public interest," Blanche wrote in an exhibit attached to the same motion. "Smith’s conduct also raises grave concerns under Article II because it unlawfully encroaches on the Executive authority of the incoming Administration of President Trump to resolve the issues surrounding Smith’s Office in accordance with President Trump’s commanding national mandate from the voters."
"The time has come to put an end to this weaponization of the justice system and move forward constructively," he argued further. "No report should be prepared or released, and Smith should be removed, including for even suggesting that course of action given his obvious political motivations and desire to lawlessly undermine the transition."
Trump, Nauta and De Oliveira all pleaded not guilty to federal charges alleging they conspired to obstruct the FBI investigation into classified documents found at Mar-a-Lago.
Smith was tapped by Garland in 2022 to investigate both the alleged effort by Trump and his allies to overturn the results of the 2020 election, as well as Trump's keeping of allegedly classified documents at his Florida residence.
But he still must outline the investigation and its findings in his report to Garland, who will then decide whether to share it publicly.
Notably, Garland has opted to release the reports from two other special counsels whose investigations concluded during his tenure — publishing both the summary reports submitted by John Durham, who was tapped by then-Attorney General Bill Barr in 2019 to review law enforcement and intelligence gathering during the 2016 presidential campaign and the origins of the Trump-Russia probe, as well as the final report from Robert Hur, a former U.S. attorney whom he tapped in 2023 to investigate President Biden's handling of classified documents.
These reports were made public at the same time as they were shared with members of Congress. It is unclear whether Garland will move to do the same with Smith's findings, given their sensitivity and Trump's status as president-elect.
Fox News' Breanne Deppisch contributed to this report.
FIRST ON FOX: The National Sheriffs' Association (NSA) has endorsed Kash Patel as the director of the FBI in a letter to Senate Judiciary Committee leaders that also railed against the state of law enforcement under the Biden administration.
"We are pleased to give our enthusiastic endorsement of Mr. Patel’s nomination to be the Director of the Federal Bureau of Investigation and urge the Committee hold hearings expeditiously. We believe there will be broad support for Mr. Patel and we look forward to his swift confirmation by the full United States Senate," NSA President Kieran Donahue wrote in a letter Monday to Sens. Chuck Grassley, R-Iowa, and Dick Durbin, D-Ill., the chair and ranking member of the Senate Judiciary Committee, respectively.
The NSA is a professional association that boasts roughly 10,000 active members.
President-elect Trump nominated Kash Patel as FBI director in November. Patel is an outspoken crusader against the "deep state." In a book published last year, he explicitly called for revamping the FBI in a chapter dubbed "Overhauling the FBI," and moving the FBI’s headquarters out of Washington, D.C.
In his letter to the senators, Donahue lauded Patel's resume as evidence he has the "credentials, skills, temperament, commitment, and experience for this critical position."
Patel previously served as a public defender in Florida’s Miami-Dade area, where he tried "scores of complex cases ranging from murder, to narco-trafficking, to complex financial crimes in jury trials in state and federal courts," according to his Defense Department biography. He also won a DOJ award in 2017 under the Obama administration for his prosecution and conviction of 12 terrorists responsible for the World Cup bombings in 2010.
Patel hit the national radar during Trump’s first administration, including when he worked as the national security adviser and senior counsel for the House Permanent Select Committee on Intelligence under committee Chair Rep. Devin Nunes, R-Calif.
I WORKED WITH KASH PATEL TO EXPOSE THE RUSSIA HOAX AND KNOW HE'S THE BEST PICK TO REFORM THE FBI
"Mr. Patel’s service will undoubtedly prioritize the restoration of confidence in the Bureau through increased transparency, integrity, collaboration, and commitment to excellence. Mr. Patel promised NSA – if confirmed – his unwavering dedication to working hand in glove with local, state, tribal, and federal law enforcement at the rank-and- file and leadership levels. His commitment to the reciprocity of access-to-advise is essential to combating the most serious security and policing challenges ahead. We are certain Mr. Patel’s engagement will result in vital and effective partnerships nationwide to protect communities large and small," Donahue wrote.
The sheriff group's leader also took direct aim at policies affecting law enforcement that were rolled out under the Biden administration, which he said has "undermined the rule of law and burdened our nation with great risk and vulnerability."
GOP ATTORNEYS GENERAL OFFER SUPPORT FOR TRUMP FBI PICK KASH PATEL, URGE SENATORS TO DO THE SAME
"Equally detrimental are the border policies that permit unchecked access to our homeland. These two factors have sadly but predictably granted domestic and international criminals unprecedented opportunity to victimize or endanger the citizens and residents of our nation. As a result, countless communities across America are under siege. Through the exploitation of these vulnerabilities, complex criminal and terror schemes are taking hold and flourishing. The blind spot created by inadequate border control and law enforcement policies has facilitated criminal activity that falls under multiple jurisdictions and therefore demands a robust and coordinated response," he wrote to the senators.
WHO IS KASH PATEL? TRUMP'S PICK TO LEAD THE FBI HAS LONG HISTORY VOWING TO BUST UP 'DEEP STATE'
The sheriff continued that local law enforcement agencies want to work more closely with federal leaders in order to combat the infiltration of cartels and organized crime groups in the U.S., but have "been denied direct unfiltered access to the President" in the last four years.
"As a result, there is a perception within law enforcement and the public that our national leaders do not comprehend the ground truth about criminal trends and lack the will, policy tools, and resources to thwart the criminal activities undermining the security of our nation," he wrote.
"Our federal law enforcement hierarchy, armed with knowledge gained through local collaboration, must be heard by the decisionmakers in Washington. In this time of uncertainty, it is critical the Federal Bureau of Investigation be led by someone who has the complete confidence of the President," he continued.
Top GOP senators criticized recent law enforcement failures by the FBI and other groups Sunday, calling on President-elect Trump's administration to enact reforms.
Senate Majority Leader John Thune told NBC's "Meet the Press" that Americans have lost trust in the FBI. Sen. Bill Cassidy, R-La., also told "Fox News Sunday" that there need to be "consequences" for law enforcement failures that allowed incidents like last week's terrorist attack in New Orleans.
"The FBI is an agency that I think is in need of reform, and it needs a good makeover, so to speak, and probably a good amount of housecleaning when it comes to the perception the American people have of it and these institutions that the American people need to have confidence and trust in," Thune said Sunday.
He added that Trump's nominee to lead the FBI, Kash Patel, "understands the mission."
WHAT WE KNOW ABOUT VICTIMS OF NEW ORLEANS TERRORIST ATTACK
Meanwhile, Cassidy reacted to news that New Orleans police had access to 48 barriers that could have prevented last week's deadly truck attack. The permanent barriers blocking vehicle access to Bourbon Street were being replaced at the time of the attack, but authorities in the city could have deployed archer barriers that are rated to stop a 5,500-pound vehicle going 60 miles-per-hour.
SUSPECT IDENTIFIED AS FBI INVESTIGATES ACT OF TERRORISM AFTER BOURBON STREET ATTACK
"There has to be leadership at the top. And if the leadership failed, as you describe it, then absolutely there has to be consequences. Period. End of story," Cassidy said.
"Now, I think we're going to have a kind of complete review of everything from top to bottom. And if that's the way it ends up shaking out completely, she should be replaced," he added, referencing New Orleans Police Superintendent Anne Kirkpatrick.
Thune and Cassidy's statements come days after Trump's allies excoriated the FBI for its initial characterization of the truck attack as not terror-related, before the nation’s top federal law enforcement agency backtracked and launched a terrorism investigation allegedly connected to ISIS.
OFFICIALS POSTPONE SUGAR BOWL IN THE WAKE OF TERROR ATTACK ON BOURBON STREET
"The FBI has a no-fail mission. There is no room for error. When they fail, Americans die. It's a necessity that Kash Patel gets confirmed ASAP," a source close to Trump told Fox News Digital on Thursday morning.
Patel is one of many incoming Cabinet nominees who will need to go through Senate confirmation after Trump is inaugurated later this month.
Fox News' Emma Colton contributed to this report.
NFL Hall of Famer Brett Favre expressed confusion and skepticism about the details related to the deadly New Year's Day incidents in New Orleans and Las Vegas.
In an X post Friday, Favre asked followers "what's going on" with the terror attack in New Orleans that killed 14 and the Cybertruck bombing outside Trump Tower in Las Vegas that killed one.
"What’s going on with the New Orleans and Trump Hotel story? A lot of information and hard to sift through to see what’s real!" Favre wrote.
CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM
Many of Favre's followers responded, sharing similar skepticism.
"Whatever the FBI says, believe the opposite!" one user wrote.
Another user responded, advising Favre and others to "ignore the media."
"None of it. Take in the event. Ignore the media," the user wrote.
More details about the two attacks have emerged in recent days.
Shamsud-Din Jabbar, the man who plowed a rented pickup truck into New Year's revelers on New Orleans' Bourbon Street Wednesday, and Matthew Livelsberger, the man eyed in the explosion of a Tesla Cybertruck outside the Trump International Hotel in Las Vegas hours later, were both Army soldiers who served at Fort Liberty and deployed to Aghanistan in 2009, Fox News Digital previously reported.
Las Vegas, Clark County Sheriff Kevin McMahill said that while both men served in Afghanistan in 2009, any potential ties there were still under investigation
"We don't have any evidence that they were in the same province in Afghanistan, the same location or the same unit," McMahill said. "Again, something else that remains under investigation."
A defense official told Fox News there was no evidence based on their military service that the attacks were related. While both men served at Fort Liberty, formerly Fort Bragg, they were there at different times. The North Carolina base is home to more than 50,000 service members.
The FBI released surveillance images of the New Orleans attack that show Jabbar just about an hour before he allegedly sped a rented Ford pickup through a crowd of Bourbon Street revelers in an attack officials say was inspired by the Islamic State.
More than 30 others were injured. Despite previously investigating the possibility of accomplices in the attack, the FBI said Thursday the bureau is confident Jabbar acted alone.
The FBI recovered a black ISIS flag from Jabbar's rented pickup truck that was used for the attack.
"This investigation is only a little more than 24 hours old, and we have no indication at this point that anyone else was involved in this attack other than Shamsud-Din Bahar Jabbar," FBI Deputy Assistant Director Christopher Raia of the counterterrorism division at FBI headquarters said Thursday.
"The FBI is surging people and assets to this area from across the region and across the nation. Special agents in field offices across the country are assisting with potential aspects of this investigation and following up on leads. Additional teams of special agents, professional staff and victim specialists continue to arrive to provide more investigative power and assistance to the victims and their families."
Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.
The FBI has remained silent on whether it will fire or discipline the agent who initially told the media and public that the shocking New Year's Day attack in New Orleans was "not a terrorist event," before the agency quickly backtracked and reported the attack was in fact under investigation as a terror incident.
Fox News Digital reached out to the FBI's press office and press secretary on Thursday and Friday, inquiring whether New Orleans field office FBI Assistant Special Agent in Charge Alethea Duncan would face termination or disciplinary action over her initial claim the attack was not connected to terrorism, but did not receive replies. Fox Digital also called the FBI press office on Friday morning but could not leave a message regarding the inquiry as the voicemail box was full.
After chaos unfolded on Bourbon Street early Wednesday morning as New Year's revelers celebrated the holiday, Duncan spoke during a press conference, declaring the attack was not connected to terrorism.
"We'll be taking over the investigative lead for this event. This is not a terrorist event," Duncan said during the presser.
FLASHBACK: BIDEN DOWNPLAYS ISIS THREAT TO US, REPEATEDLY SAYS WHITE SUPREMACY 'MOST LETHAL' DANGER
During that same press conference, however, the mayor of New Orleans told the media and public that the city did in fact suffer a terror attack.
"Know that the city of New Orleans was impacted by a terrorist attack. It's all still under investigation," Mayor LaToya Cantrell, a Democrat who has served in the role since 2018, said at the presser.
On Thursday, the FBI responded to Fox Digital's request for comment regarding criticisms surrounding Duncan's initial assessment that the attack was not connected to terrorism, detailing to Fox Digital that, on the day of the attack, the FBI released three different statements that all said that the FBI was investigating the incident as an act of terrorism.
THE 6 BIGGEST FBI SCANDALS UNDER THE BIDEN ADMINISTRATION
"This morning, an individual drove a car into a crowd of people on Bourbon Street in New Orleans, killing a number of people and injuring dozens of others. The subject then engaged with local law enforcement and is now deceased. The FBI is the lead investigative agency, and we are working with our partners to investigate this as an act of terrorism," the FBI said in one of the statements provided to Fox Digital.
Duncan also said in subsequent press conferences that the attack is being investigated as an act of terror.
The FBI confirmed this week that the suspect, Shamsud-Din Jabbar, 42, had an ISIS flag in his truck at the time of the attack. The FBI added Thursday that Jabbar had been "inspired" by ISIS but that they have not found any evidence that he was directed by ISIS to carry out the rampage.
Jabbar, a 42-year-old Army veteran from Texas, was killed after exchanging gunfire with police after plowing a truck through crowds of people.
Conservative lawmakers, Trump allies and voters have slammed the FBI for its handling of the investigation, including Republican Tennessee Sen. Marsha Blackburn, arguing that the FBI has put a heightened focus on DEI practices rather than fighting crime.
"The FBI has a no-fail mission. There is no room for error. When they fail, Americans die. It's a necessity that Kash Patel gets confirmed ASAP," a source close to President-elect Donald Trump added in criticism to Fox News Digital on Thursday morning.
FIRST ON FOX: Republican Sen. Marsha Blackburn sent a letter to FBI Director Christopher Wray on Friday demanding answers regarding the top federal law enforcement agency’s "radical" DEI practices following the shocking New Year’s Day terrorist attack in New Orleans.
"While the facts surrounding this unconscionable attack continue to emerge, what we know is deeply troubling: the suspect was in possession of weapons, improvised explosive devices, and an ISIS flag. This horrific incident constitutes a blatant act of terror on the American homeland, and the people of our country deserve to know whether federal law enforcement agencies can sufficiently prevent and respond to such incidents," Blackburn wrote in her letter to Wray on Friday, which was exclusively obtained by Fox News Digital.
"To that end, I am deeply concerned that—under your leadership—the Bureau has prioritized Diversity, Equity, and Inclusion (DEI) initiatives over its core mission of protecting the American people," the Tennessee senator continued.
Chaos broke out on New Orleans's famed Bourbon Street just after 3 a.m. on New Year’s Day, when a truck plowed through crowds of revelers celebrating the holiday. At least 14 people were killed and 30 others injured.
FLASHBACK: BIDEN DOWNPLAYS ISIS THREAT TO US, REPEATEDLY SAYS WHITE SUPREMACY 'MOST LETHAL' DANGER
The suspect, Shamsud-Din Jabbar, a twice-divorced Army veteran from Texas, was armed with a Glock and a .308 rifle during the attack. He was killed after opening fire on police.
After the attack unfolded on Wednesday morning, Blackburn took to social media to call for the confirmation of President-elect Donald Trump’s pick to lead the FBI, Kash Patel, and to admonish current leadership at the agency for allegedly putting a greater focus on DEI practices than "fighting criminals and terrorists."
In her letter to Wray on Friday, Blackburn cited a recent report from a group of retired FBI agents who found "law enforcement and intelligence capabilities of the FBI are degrading because the FBI is no longer hiring ‘the best and the brightest’ candidates," as well as the hiring of a Chief Diversity Officer at the FBI in 2021, as well as the New Orleans field office hosting a "Diversity Agent Recruiting Event" in July as evidence of the agency’s heightened focus on DEI.
"Most recently, in a striking example of tone deafness, the New Orleans FBI Field office thought it important to brag on X about how many bracelets its agents had collected. Your decision to prioritize politics, pop culture, or almost anything else over your mission to protect the public has put Americans in harm’s way, and the January 1 terror attack was the inevitable consequence," Blackburn wrote in her letter.
THE 6 BIGGEST FBI SCANDALS UNDER THE BIDEN ADMINISTRATION
"Put simply, your focus on woke DEI initiatives at the FBI has endangered our national security and the lives of all Americans. Americans now feel increasingly unsafe because of incidents like the January 1 terror attack, and the FBI’s prioritization of diversity over competence shows that their concerns are well founded. Fortunately, the American people have spoken, and President Trump will soon bring law and order back to our nation," Blackburn continued.
The FBI took the lead on the case Wednesday, first landing in hot water with Trump allies and voters, including for initially reporting to the public that the attack was not an instance of terrorism.
"We'll be taking over the investigative lead for this event. This is not a terrorist event," said New Orleans field office FBI Assistant Special Agent in Charge Alethea Duncan during a Wednesday morning press conference.
During that same press conference, however, the Democratic mayor of New Orleans contradicted Duncan’s comment and minced no words in detailing that the city faced an act of terror.
When asked about Duncan's comment, the FBI directed Fox News Digital on Thursday to three press releases published the day before, detailing that the attack was being investigated as a terror incident. The press releases also detailed that an ISIS flag was found in the suspect’s truck.
"This morning, an individual drove a car into a crowd of people on Bourbon Street in New Orleans, killing a number of people and injuring dozens of others. The subject then engaged with local law enforcement and is now deceased. The FBI is the lead investigative agency, and we are working with our partners to investigate this as an act of terrorism," the FBI said in one of its three statements provided to Fox Digital.
Blackburn continued in her letter to Wray with five questions surrounding the FBI’s DEI hiring practices, including: How many FBI employees have been hired based on the Bureau’s DEI initiatives; how the DEI initiatives are funded and if any of the FBI’s funds were reallocated to such initiatives; as well as how many individuals were hired during the New Orleans field office’s Diversity Agent Recruiting Event in July.
"Has the Bureau recently terminated the employment of any FBI agents who assist the FBI’s National Security Branch counterterrorism and intelligence components?" Blackburn asked in her final questions. "In the online posting about the July 17 event, FBI New Orleans Special Agent in Charge Lyonel Myrthil is quoted as stating that "the diversity of our staff is the most valuable resource we have in . . . keeping Americans safe." Do you agree with that statement?"
Wray announced that he would step down from the FBI at the end of President Biden’s term this month, after Trump nominated Kash Patel to the role. Wray was first nominated under the first Trump administration and was in the midst of a 10-year term that would not have ended until 2027.
"Until the President-Elect’s nominee to lead the FBI is confirmed, the American people deserve to know the full extent to which your radical DEI agenda has compromised our national security," Blackburn wrote to Wray, calling on him to answer her questions by Jan. 10.
Before the devastating terror attack in New Orleans on New Year’s Day rocked the nation, President Biden and his administration repeatedly stressed that the greatest threat facing the country was White supremacy — even explicitly stating that terrorist organizations such as ISIS could not compare to the danger posed by White supremacists.
"According to the intelligence community, terrorism from white supremacy is the most lethal threat to the homeland today. Not ISIS, not al Qaeda — White supremacists," Biden said in June 2021 on the 100th anniversary of the Tulsa Race Massacre.
The comment came just weeks after he declared during the State of the Union that year, "We won’t ignore what our intelligence agencies have determined to be the most lethal terrorist threat to the homeland today: White supremacy is terrorism."
Early on New Year’s Day, New Orleans and the nation were rocked by a suspected terror attack when a man identified as Shamsud-Din Jabbar, 42, allegedly rammed a truck into crowds of revelers celebrating the holiday on the city’s famed Bourbon Street. The FBI confirmed on Wednesday that they were investigating the incident as an act of terror, noting that they had confirmed the suspect had an ISIS flag in the vehicle at the time of the attack.
ISIS is a jihadist group that has carried out terrorist attacks worldwide but has lost momentum in recent years, including in 2019 when U.S. forces killed Iraqi militant and ISIS leader Abu Bakr al-Baghdadi. The FBI said Thursday that Jabbar had been "inspired" by ISIS, adding that they have not found any evidence that he was directed by ISIS to carry out the attack.
The shocking attack has resurrected Biden's previous rhetoric on White supremacy and the state of national security, which was also promoted by administration leaders such as Attorney General Merrick Garland.
"In the FBI’s view, the top domestic violent extremist threat comes from ‘racially or ethnically motivated violent extremists, specifically those who advocated for the superiority of the white race,’" Garland declared in May 2021 before the Senate Appropriations Committee of the top threats to the U.S.
Garland was joined by Secretary of Homeland Security Alejandro Mayarokas in sounding the alarm on the threat that White supremacists posed to the U.S. that year. Garland and Biden administration officials at the time argued that Jan. 6, 2021 — when supporters of President-elect Trump breached the Capitol buildig — opened the floodgates to concern over home-grown threats to democracy.
"I have not seen a more dangerous threat to democracy than the invasion of the Capitol," Garland said at the time, calling it "an attempt to interfere with the fundamental element of our democracy, a peaceful transfer of power."
Biden has also cited the threat of White supremacy in more recent public remarks, including during his commencement address to Howard University in 2023.
"White supremacy … is the single most dangerous terrorist threat in our homeland," Biden said. "And I’m not just saying this because I’m at a Black HBCU. I say this wherever I go."
BIDEN ADMIN MOCKED FOR LABELING 'WHITE SUPREMACY' THE GREATEST THREAT TO US
The U.S. Department of Homeland Security (DHS) under the Trump administration released a report in 2020, called the "Homeland Threat Assessment," which found that White supremacists and other "domestic violent extremists" posed "the most persistent and lethal threat" to the nation. Following Biden’s inauguration, Mayorkas declared that DHS was "taking a new approach to addressing domestic violent extremism, both internally and externally," compared to the previous administration.
Following the attack on Wednesday morning, conservative social media users and critics of the Biden administration resurrected Biden’s previous comments on White supremacy, quipping that the comments have "not aged well."
The brother of the suspected terrorist told The New York Times that Jabbar had been raised Christian, but converted to Islam. The sibling, Abdur Jabbar, underscored that his brother does not represent the Islamic faith and instead called his actions an example of "radicalization."
"What he did does not represent Islam," he added. "This is more some type of radicalization, not religion."
The FBI under the Biden administration's leadership has faced repeated scandals over the last four years, including in the waning days of the administration when a suspected terror attack rocked New Orleans early on New Year's Day morning.
Outgoing FBI Director Christopher Wray, who was nominated by Trump in his first administration, announced last month that he would step down from his post, clearing the path for Trump’s pick to lead the FBI, Kash Patel, to rally support for his confirmation process in earnest ahead of Trump's inauguration this month.
As President Biden’s administration comes to a close, Fox Digital revisits some of the top scandals the FBI has faced in the last four years.
Chaos broke out on New Orleans' famed Bourbon Street just after 3 a.m. on New Year’s Day when a truck plowed through crowds of revelers, leaving at least 15 dead and dozens of others injured.
The FBI took the lead on the case and landed in hot water with conservatives and others for initially reporting to the public that the attack was not an instance of terrorism before ultimately backtracking.
"We'll be taking over the investigative lead for this event. This is not a terrorist event," said New Orleans field office FBI Assistant Special Agent in Charge Alethea Duncan during a Wednesday morning press conference.
During that same press conference, however, the mayor of New Orleans contradicted Duncan’s comment and minced no words in detailing that the city faced an act of terror.
"Know that the city of New Orleans was impacted by a terrorist attack. It's all still under investigation," Mayor LaToya Cantrell said.
The FBI soon backtracked from its position that the attack was not an act of terror, releasing statements throughout the day that they were investigating the matter as related to terrorism, including confirming that an ISIS flag was found on the suspect’s vehicle that plowed through the crowds.
"This morning, an individual drove a car into a crowd of people on Bourbon Street in New Orleans, killing a number of people and injuring dozens of others. The subject then engaged with local law enforcement and is now deceased. The FBI is the lead investigative agency, and we are working with our partners to investigate this as an act of terrorism," the FBI said in one of its three statements provided to Fox Digital.
The FBI’s handling of the matter, however, has sparked outrage from elected officials, Trump allies and voters on social media.
"The FBI has a no-fail mission. There is no room for error. When they fail, Americans die. It's a necessity that Kash Patel gets confirmed ASAP," a source close to Trump told Fox News Digital on Thursday morning.
Other conservatives and Trump allies railed against the FBI on social media, claiming the FBI has focused resources on issues such as DEI training and hiring instead of investigating and preventing crime.
Sen. Marsha Blackburn, R-Tenn., and other conservatives also took issue with the FBI for allegedly responding to the suspect’s home in Texas after the media had already staked out the property.
"The FBI didn’t show up to the NOLA suspect’s address until 1pm today. We were on scene before. No one came out of the home or answered the door," New York Post reporter Jennie Taer posted to X on Wednesday.
Blackburn responded to the Post reporter by saying the FBI had "failed" its mission as the nation’s top law enforcement agency.
"The fact that a reporter has better intel than the FBI tells us all we need to know. The FBI has failed its core mission," Blackburn posted.
The suspect, Shamsud-Din Jabbar, was armed with a Glock and a .308 rifle during the attack and was killed after opening fire on police. Jabbar, a 42-year-old U.S. citizen who lived in Texas, is believed to have acted alone, the FBI announced Thursday.
Trump slammed Biden and his administration’s policies for the attack.
"With the Biden ‘Open Border’s Policy’ I said, many times during Rallies, and elsewhere, that Radical Islamic Terrorism, and other forms of violent crime, will become so bad in America that it will become hard to even imagine or believe. That time has come, only worse than ever imagined. Joe Biden is the WORST PRESIDENT IN THE HISTORY OF AMERICA, A COMPLETE AND TOTAL DISASTER," Trump posted on Truth Social.
Earlier Thursday, when approached for comment on the criticisms of its handling of the attack, the FBI directed Fox News Digital to its three previous statements on the attack that described it as an act of terror but did not comment on the New Orleans’ agent saying Wednesday that the attack was not connected to terrorism.
"An ISIS flag was located in the vehicle, and the FBI is working to determine the subject's potential associations and affiliations with terrorist organizations," one FBI statement said.
"The FBI is the lead investigative agency, and we are working with our partners to investigate this as an act of terrorism. We are aggressively running down all leads to identify any possible associates of the subject," the statement added.
Approximately 30 armed FBI agents converged on Trump’s Mar-a-Lago home in Florida in August 2022 to execute a search warrant regarding classified documents in the former president’s possession.
The unprecedented raid included agents rifling through former, and upcoming, first lady Melania Trump’s wardrobe. The agents seized 33 boxes of documents.
"He invaded my home. I’m suing the country over it. He invaded Mar-a-Lago. I’m very unhappy with the things he’s done. And crime is at an all-time high. Migrants are pouring into the country that are from prisons and from mental institutions, as we’ve discussed. I can’t say I’m thrilled," Trump said of Wray during an interview with NBC that aired Sunday.
Earlier this year, it was revealed the Biden administration authorized the use of deadly force during the raid. The jarring revelation added fuel to the fire of conservatives slamming the raid, though the FBI clarified that the same language was used in a similar search warrant for President Biden’s Delaware home.
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Republican Sen. Chuck Grassley of Iowa, who called for Wray’s resignation in a scathing letter last month, argued there were "serious questions" about the raid, considering that Trump had been cooperating with investigators with regard to the classified documents.
"This raid occurred despite serious questions about the need for it. President Trump apparently was cooperating with the investigation, notwithstanding liberal press reports. He voluntarily turned over 15 boxes of documents months before the FBI’s drastic escalation," Grassley continued, adding that former Secretary of State Hillary Clinton never faced such a raid "even though she and her staff mishandled highly classified information while using a non-government server."
Trump, in reaction to Wray’s resignation, again railed against the "illegal" raid on Mar-a-Lago.
RAID ON TRUMP'S MAR-A-LAGO ESTATE QUESTIONED BY SOME LEGAL SCHOLARS
"Under the leadership of Christopher Wray, the FBI illegally raided my home, without cause, worked diligently on illegally impeaching and indicting me, and has done everything else to interfere with the success and future of America. They have used their vast powers to threaten and destroy many innocent Americans, some of which will never be able to recover from what has been done to them," he wrote on Truth Social.
Wray testified before the House Judiciary Committee in July and said he "would not call it a raid" on Mar-a-Lago, instead saying the FBI conducted "the execution of a lawful search warrant."
In January 2023, conservative lawmakers slammed an internal FBI memo from the Richmond field office titled "Interest of Racially or Ethnically Motivated Violent Extremists in Radical-Traditionalist Catholic Ideology Almost Certainly Presents New Mitigation Opportunities."
The memo identified "radical-traditionalist Catholic[s]" as potential "racially or ethnically motivated violent extremists" and said that "racially or ethnically motivated violent extremists (RMVEs) in radical-traditionalist Catholic (RTC) ideology almost certainly presents opportunities for threat mitigation through the exploration of new avenues for tripwire and source development."
The memo was rescinded, but lawmakers scrutinized Wray as to why Americans were targeted due to their religious beliefs, which defies the U.S. Constitution.
Twenty Republican lawmakers in a letter to Wray last year said the memo "singled out traditional Catholics for their pro-life views, accusing RTCs of ‘hostility towards abortion-rights advocates’ in the aftermath of the Dobbs decision."
"This specific call out to pro-life views is of even greater concern, considering the slow rate of investigation and response to the violent attacks that a number of pro-life pregnancy centers and Catholic Churches have experienced since the Dobbs decision was leaked in May of last year," they wrote.
But Wray said at a 2023 Senate Judiciary Committee hearing that "We do not and will not conduct investigations based on anybody’s exercise of their constitutionally protected religious [expression]."
HEAVILY REDACTED RECORDS SHOW FBI'S TARGETING OF CATHOLICS WENT BEYOND WHAT IT CLAIMED: WATCHDOG
The FBI also came under fire during Wray’s tenure when the FBI raided a home and arrested a pro-life man in Pennsylvania in 2022.
Mark Houck, a Catholic father of seven who would often pray outside a Philadelphia abortion clinic, was arrested at his rural Pennsylvania home in Kintnersville by the FBI. The arrest stemmed from an altercation he had with a Planned Parenthood escort in Philadelphia in October 2021. Houck was accused of pushing the abortion clinic escort, who allegedly verbally harassed Houck's 12-year-old son outside the clinic.
The Biden administration alleged Houck violated the Freedom of Access to Clinic Entrances Act, which makes it a federal crime to use force with the intent to injure, intimidate and interfere with anyone because that person provides reproductive health care.
Houck was acquitted by a jury last year after arguing that he was protecting his son. He and his wife, Ryan-Marie, argued that the FBI used excessive force during the arrest, filing a lawsuit against the DOJ this year alleging the arrest followed a "faulty and malicious investigation."
The DOJ and FBI were heavily criticized by parents nationwide in 2021 when Attorney General Merrick Garland issued a memo directing the FBI to use counterterrorism tools related to parents speaking out at school board meetings against transgender-related issues and critical race theory curricula.
The memorandum followed the National School Boards Association (NSBA) sending a letter to President Biden and asking that the federal government investigate parents protesting at school board meetings, claiming school officials were facing threats at meetings.
The NSBA requested that parents' actions be examined under the Patriot Act as "domestic terrorists," sparking Garland’s eventual memo, which did not use the phrase "domestic terrorist."
"After surveying local law enforcement, U.S. Attorney’s offices around the country reported back to Main Justice that there was no legitimate law-enforcement basis for the Attorney General’s directive to use federal law-enforcement and counterterrorism resources to investigate school board-related threats," the House Judiciary Committee stated in an interim report on the memo last year.
Garland testified before the Senate last year that the memo "was aimed at violence and threats of violence against a whole host of school personnel," not parents "making complaints to their school board," but the memo set off a firestorm of criticism from parents nonetheless.
HOUSE JUDICIARY SUBPOENAS FBI DIRECTOR WRAY ON TARGETING OF PARENTS AT SCHOOL BOARD MEETINGS
"The premier law enforcement agency of the United States of America, the FBI, was used as a weapon by the DOJ against parents who dared to voice their concerns at the most local level: their school board," Moms for Liberty founder Tiffany Justice told Fox News Digital last year.
In Grassley’s blistering 11-page letter to Wray last month, he slammed the FBI for acting as an "accomplice to the Democrats’ false information campaign" surrounding his investigation into "alleged Biden-family corruption."
Grassley said the FBI "sat on bribery allegations" against Biden when he served as vice president, as well as Biden's son, Hunter Biden, and Ukrainian officials.
"Consistent with that FBI failure, yet another glaring example of FBI’s broken promises under your leadership is its inexcusable failure to investigate bribery allegations against former Vice President Joe Biden, while strictly scrutinizing former President Trump. You’ve repeatedly claimed you would ensure the FBI does justice, ‘free of fear, favor, or partisan influence.’ The FBI under your watch, however, had possession of incriminating information against President Biden for three years until I exposed the existence of the record outlining those allegations, but did nothing to investigate it," he wrote.
At question in the investigation was an FBI-generated FD-1023 form that allegedly described a multimillion-dollar criminal scheme involving then-Vice President Biden and a foreign national relating to the exchange of money for policy decisions. Grassley ultimately acquired the document through legally protected disclosures by Department of Justice whistleblowers.
That document reflects the FBI's interview with a "highly credible" confidential human source who described meetings and conversations they had with an executive of Ukrainian natural gas firm Burisma Holdings over the course of several years, starting in 2015. Hunter Biden sat on the board of Burisma at the time.
Biden denied the accusations, calling the bribery allegations a "bunch of malarkey" last year.
"Still, to-date, the DOJ and FBI have neither answered whether they investigated the substance of the FD-1023, nor have they provided an explanation for any effort undertaken to obtain the financial records and other pieces of evidence referenced within the document," Grassley wrote to Wray on Monday. "This sounds a lot like Director Comey’s leadership of the FBI, which was nothing short of shameful."
FIVE MOST SIGNIFICANT ALLEGATIONS AGAINST THE BIDENS IN FBI FD-1023 FORM
When asked about Grassley’s letter last month, the FBI said it "has repeatedly demonstrated our commitment to responding to Congressional oversight and being transparent with the American people."
"Director Wray and Deputy Director Abbate have taken strong actions toward achieving accountability in the areas mentioned in the letter and remain committed to sharing information about the continuously evolving threat environment facing our nation and the extraordinary work of the FBI."
Trump faced a shocking assassination attempt in July while giving a speech at a campaign rally in Butler, Pennsylvania.
The shooter, perched on the roof of a nearby building, fired a series of shots that grazed Trump's right ear and wounded two rally attendees. Local father and volunteer firefighter Corey Comperatore was fatally struck while protecting his family.
Wray came under criticism regarding the assassination attempt when he appeared before the House Judiciary Committee and cast doubt on whether a bullet actually struck Trump.
"I think with respect to former President Trump, there’s some question about whether or not it’s a bullet or shrapnel that, you know, hit his ear," Wray said at the hearing.
Trump blasted him online for the comment.
"FBI Director Christopher Wray told Congress yesterday that he wasn’t sure if I was hit by shrapnel, glass, or a bullet (the FBI never even checked!), but he was sure that Crooked Joe Biden was physically and cognitively ’uneventful’ - Wrong!" Trump wrote on Truth Social in July.
"No, it was, unfortunately, a bullet that hit my ear, and hit it hard. There was no glass, there was no shrapnel. The hospital called it a "bullet wound to the ear," and that is what it was. No wonder the once storied FBI has lost the confidence of America!"
The FBI later confirmed a bullet, "whether whole or fragmented," struck Trump.
Fox News Digital's Andrew Mark Miller and Brooke Singman contributed to this report.
Senate Republicans are urging expedited confirmation of President-elect Trump's administration appointments, particularly those for crucial national security posts, in the wake of a New Year's attack in New Orleans where a terrorist suspect drove a car into a large crowd, killing more than a dozen people.
"Our hearts go out to everyone affected by the senseless terror attack in New Orleans," said incoming Senate Republican Leader John Thune, R-S.D., on X.
"With reports of ISIS inspiration, the American people expect clear answers from the administration," Thune said. "The threat posed by ISIS will outlast this administration, and this is a clear example of why the Senate must get President Trump’s national security team in place as quickly as possible."
The FBI said the holiday attack left at least 14 people dead and dozens of others injured. Israel revealed that two of its citizens were among those injured. Victims' names are not to be released until autopsies are finished and families are notified, New Orleans Coroner Dr. Dwight McKenna said in a statement.
MIKE JOHNSON GETS PUBLIC GOP SENATE SUPPORT AHEAD OF TIGHT HOUSE SPEAKER VOTE
Republicans in the Senate were already eager to quickly push through Trump's selections, including Kash Patel for FBI director, Tulsi Gabbard for director of national intelligence and Pete Hegseth for secretary of defense. But with the latest attack and others developing around the country, many lawmakers have indicated that a prompt confirmation process is even more crucial.
Incoming Senate Majority Whip John Barrasso, R-Wyo., wrote on X, "The U.S. Senate must confirm President Trump’s national security team as soon as possible. Lives depend on it."
"I’ll be working to ensure President Trump has every tool at his disposal, including a fully confirmed national security and intelligence team ASAP to investigate these attacks and make our country safe again," said Sen. Rick Scott, R-Fla., in response to the attack.
Sen. Katie Britt, R-Ala., echoed that sentiment in her own statement, saying, "We must work nonstop to get President Trump’s national security team in place without delay."
Several other Republicans made similar calls for Trump's choices for national security posts to be prioritized and confirmed without hesitation.
BERNIE SANDERS PLANS TO SPEARHEAD LEGISLATION ON KEY TRUMP PROPOSAL
Sen. Marsha Blackburn, R-Tenn., expressed frustration that the FBI was apparently behind on intelligence regarding the suspect in the New Orleans attack.
"The fact that a reporter has better intel than the FBI tells us all we need to know. The FBI has failed its core mission," the senator wrote on X in response to a report that New York Post reporters had arrived at the suspect's home before the agency.
"America needs a fearless fighter like [Patel] at the FBI," Blackburn continued.
Two sources on an FBI call with House and Senate members on Thursday informed Fox News that the FBI claimed they had zero intelligence on suspect Shamsud-Din Jabbar before the attack.
The FBI told lawmakers that Jabbar was "inspired" by ISIS but added that they have no evidence yet that the terrorist group directed him.
President-elect Donald Trump's allies are excoriating the FBI for its initial characterization of the brutal car attack in New Orleans as not terror-related, before the nation’s top federal law enforcement agency backtracked and launched a terrorism investigation allegedly connected to ISIS.
"The FBI has a no-fail mission. There is no room for error. When they fail, Americans die. It's a necessity that Kash Patel gets confirmed ASAP," a source close to Trump told Fox News Digital on Thursday morning.
Early Wednesday morning, chaos broke out on Bourbon Street in New Orleans as New Year’s Eve revelers partied on the streets. The suspect, later identified as Shamsud-Din Jabbar, is accused of ramming a truck into the crowds on the beloved and famed party street, killing at least 15 and injuring dozens of others. Jabbar, who was armed with a Glock and a .308 rifle, was killed after opening fire on police.
As details filtered to the public on Wednesday morning, law enforcement officials, including the FBI, held a press conference where a special agent initially told the public that the attack was not related to terrorism.
"We'll be taking over the investigative lead for this event. This is not a terrorist event," said New Orleans field office FBI Assistant Special Agent in Charge Alethea Duncan during the press conference.
WHAT WE KNOW ABOUT VICTIMS OF NEW ORLEANS TERRORIST ATTACK
The mayor of New Orleans contradicted Duncan in the same press conference, declaring that the attack was connected to terrorism.
"Know that the city of New Orleans was impacted by a terrorist attack. It's all still under investigation. You'll hear more after me," Mayor LaToya Cantrell, a Democrat who has served in the role since 2018, said at the presser.
The FBI released statements later Wednesday outlining that the attack was now under investigation as an act of terror, including reporting that an ISIS flag was found on the truck that rammed into the crowds.
"An ISIS flag was located in the vehicle, and the FBI is working to determine the subject's potential associations and affiliations with terrorist organizations," one FBI statement said.
SUSPECT IDENTIFIED AS FBI INVESTIGATES ACT OF TERRORISM AFTER BOURBON STREET ATTACK
"The FBI is the lead investigative agency, and we are working with our partners to investigate this as an act of terrorism. We are aggressively running down all leads to identify any possible associates of the subject," the statement added.
Conservative lawmakers decried the attack and mourned for the victims, while also directing their ire at the FBI for its alleged failures in handling the attack. Sen. Marsha Blackburn, a key Senate ally of Trump’s pick to lead the FBI, Kash Patel, slammed the FBI in a series of messages posted to X and again rallied support for Patel’s confirmation to serve as FBI director.
OFFICIALS POSTPONE SUGAR BOWL IN THE WAKE OF APPARENT TERROR ATTACK ON BOURBON STREET
"The tragic terror attack that killed innocent people in New Orleans is a stark reminder of the importance of strong leadership. America needs a fearless fighter like @Kash_Patel at the FBI," Blackburn posted on Wednesday.
Blackburn also took issue with the FBI for allegedly reporting to the suspect’s home in Texas after the media had already staked out the property.
"The FBI didn’t show up to the NOLA suspect’s address until 1pm today. We were on scene before. No one came out of the home or answered the door," New York Post reporter Jennie Taer posted to X on Wednesday.
Blackburn responded to the Post reporter, saying that the FBI had "failed" its mission as the nation’s top law enforcement agency.
"The fact that a reporter has better intel than the FBI tells us all we need to know. The FBI has failed its core mission," Blackburn posted.
WHO IS KASH PATEL? TRUMP'S PICK TO LEAD THE FBI HAS LONG HISTORY VOWING TO BUST UP 'DEEP STATE'
When approached for comment on the criticisms, the FBI directed Fox Digital to its three previous statements on the attack that described it as an act of terror but did not comment on the New Orleans’ agent saying Wednesday that the attack was not connected to terrorism.
"This morning, an individual drove a car into a crowd of people on Bourbon Street in New Orleans, killing a number of people and injuring dozens of others. The subject then engaged with local law enforcement and is now deceased. The FBI is the lead investigative agency, and we are working with our partners to investigate this as an act of terrorism," the FBI said in one of its three statements provided to Fox Digital.
Jabbar was identified as a 42-year-old U.S. citizen from Texas. He was an Army veteran who served as a human resource specialist and information technology specialist from March 2007 until Jan. 2015, and he deployed to Afghanistan from Feb. 2009 to Jan. 2010.
Trump slammed President Biden and his administration’s policies for the attack.
TRUMP FBI PICK KASH PATEL SHOULD TAKE THESE CONCRETE STEPS TO RESTORE TRUST: FORMER SPECIAL AGENT
"With the Biden ‘Open Border’s Policy’ I said, many times during Rallies, and elsewhere, that Radical Islamic Terrorism, and other forms of violent crime, will become so bad in America that it will become hard to even imagine or believe. That time has come, only worse than ever imagined. Joe Biden is the WORST PRESIDENT IN THE HISTORY OF AMERICA, A COMPLETE AND TOTAL DISASTER," Trump posted to Truth Social.
Biden mourned the attack on Wednesday, highlighting that despite the violence, "our New Orleans will never, never, never be defeated."
"New Orleans is a place unlike any other place in the world," the president said. "It's a city full of charm and joy. So many people around the world love New Orleans because of its history, its culture, and above all, its people."
"So I know while this person committed a terrible assault on the city, the spirit of our New Orleans will never, never, never be defeated," he added.
The Reagan-era director of the FBI, and later the CIA, is urging the Senate to reject two of President-elect Trump's selections for top law enforcement and intelligence posts.
In a letter to senators on Thursday reported by Politico, former FBI and CIA director William H. Webster wrote that Kash Patel and Tulsi Gabbard are unqualified to be FBI director and director of national intelligence, respectively.
Webster, who is 100 years old, is the only person to have led both the FBI and CIA. He warned senators that Patel's personal loyalty to Trump could conflict with the FBI's duty to uphold the rule of law.
"His record of executing the president’s directives suggest [sic] a loyalty to individuals rather than the rule of law — a dangerous precedent for an agency tasked with impartial enforcement of justice," he wrote, according to Politico.
As for Gabbard, Webster criticized her "profound lack" of intelligence experience and said a seasoned leader is needed for the DNI post.
"Effective management of our intelligence community requires unparalleled expertise to navigate the complexities of global threats and to maintain the trust of allied nations," he wrote. "Without that trust, our ability to safeguard sensitive secrets and collaborate internationally is severely diminished."
‘WARRIOR WHOSE VOTE CANNOT BE BOUGHT’: HUNDREDS OF VETS POUR OUT IN SUPPORT OF TULSI GABBARD FOR DNI
The Trump transition team defended the president-elect's selection of Patel to lead the FBI.
"Kash Patel is loyal to the Constitution. He’s worked under Presidents Obama and Trump in key national security roles," said Alex Pfeiffer, a Trump transition team spokesman.
Another transition official, Alexa Henning, observed that Webster had supported President Biden and Vice President Kamala Harris against Trump.
"Lt. Col. Gabbard is an active member of the Army and has served in the military for over two decades and in Congress. As someone who has consumed intelligence at the highest levels, including during wartime, she recognizes the importance of partnerships with allies to ensure close coordination to keep the American people safe," said Henning.
Patel and Gabbard have proven to be two of Trump's more controversial nominees for key positions in his next administration.
WASSERMAN SCHULTZ SPARKS BACKLASH FOR CLAIMING TULSI GABBARD IS A RUSSIAN ASSET
Patel was the chief investigator in the congressional probe into alleged Trump-Russia collusion, uncovering government surveillance abuse that led to the appointment of two special counsels who determined that there was never any collusion and the premise of the FBI's original investigation was bogus. He has raised concern among top law enforcement professionals for his outspoken criticism of the FBI and Justice Department, accusing them of partisanship.
Gabbard, a former Democratic congresswoman and military officer from Hawaii, is likewise under scrutiny after she met with since-toppled Syrian dictator Bashar al-Assad in 2017, who was accused of using chemical weapons on his own citizens during the country's civil war. Gabbard refused to call him a war criminal during her 2020 presidential campaign and said she was skeptical that his government had perpetrated a chemical weapons attack earlier that year that had killed dozens of Syrians. However, she later called Assad a brutal dictator.
Webster was appointed to direct the FBI by President Jimmy Carter in 1978, and he remained atop the bureau under President Ronald Reagan's two terms in office. In 1988, Webster became director of the CIA under President George H.W. Bush and served through 1991.
"I urge you to weigh the critical importance of nonpartisan leadership and experience," Webster wrote. "The safety of the American people — and your own families — depends on it."
EXCLUSIVE: Senate Republicans are demanding answers on whether confidential human sources from Justice Department agencies beyond the FBI were used on Jan. 6, 2021, while also questioning whether Inspector General Michael Horowitz thoroughly reviewed classified and unclassified communications between handlers and their sources, warning that without that review, there may be a "major blind spot" in his findings.
Horowitz last week released his highly anticipated report that there were more than two dozen FBI confidential human sources in the crowd outside the Capitol on Jan. 6, 2021, but only three were assigned by the bureau to be present for the event. Horowitz said none of the sources were authorized or directed by the FBI to "break the law" or "encourage others to commit illegal acts."
But now, Sens. Chuck Grassley, R-Iowa, and Ron Johnson, R-Wis., are demanding further information from Horowitz, writing to him in a letter exclusively obtained by Fox News Digital that it is "unclear" if his office reviewed the use of confidential human sources by other DOJ components during the Capitol riot.
DOJ IG REVEALS 26 FBI INFORMANTS WERE PRESENT ON JAN. 6
"This IG report was a step in the right direction, but Senator Johnson and I still have questions the Justice Department needs to account for," Grassley told Fox News Digital. "The American people deserve a full picture of whether Justice Department sources from its component agencies, in addition to the FBI, were present on January 6, what their role was, and whether DOJ had knowledge of their attendance."
Grassley told Fox News Digital that Horowitz and his team "must redouble its efforts to make sure it has reviewed all relevant information and provide a sufficient response to our inquiry."
Johnson told Fox News Digital he believes the report made public last week "may have only provided a fraction of the story regarding the presence and activities of confidential human sources or undercover federal agents in Washington, D.C. on Jan. 6, 2021."
"I urge the Inspector General’s office to be fully transparent about their work to ensure that Congress and the public have an accurate and complete understanding about what it actually reviewed," Johnson said.
DOJ INSPECTOR GENERAL DOES NOT DENY FBI INFORMANTS WERE AMONG JAN 6 CROWD
In their letter to Horowitz, Grassley and Johnson noted that the inspector general’s office received more than 500,000 documents from the Justice Department and its components as part of its investigation.
"According to the report, your office obtained: CHS reporting, thousands of tips provided to the FBI, investigative and intelligence records from the FBI case management system, emails, instant messages, and phone records; contemporaneous notes of meetings and telephone calls; chronologies concerning the lead-up of events to January 6; after-action assessments; training materials and policy guides; and preparatory materials for press conferences or congressional testimony as well as talking points," they wrote.
Grassley and Johnson told Horowitz "it is vital" that his office "more precisely explain what records it sought and received from all DOJ component agencies."
Grassley and Johnson are demanding answers on whether Horowitz obtained evidence on whether other DOJ component agencies had tasked or untasked undercover confidential human sources in the Washington, D.C., area or at the Capitol building on Jan. 6, 2021.
They are also asking if all communications were obtained between DOJ component agency handlers and confidential human sources or undercover agents present in the D.C. area, and whether he has received classified and unclassified non-email communication platforms used by the FBI.
Grassley and Johnson are also demanding Horowitz share all FD-1023 forms, or confidential human source reporting documents, used in the investigation with them.
As for his initial report, Horowitz "determined that none of these FBI CHSs was authorized by the FBI to enter the Capitol or a restricted area or to otherwise break the law on January 6, nor was any CHS directed by the FBI to encourage others to commit illegal acts on January 6."
The report revealed that the FBI had a minor supporting role in responding on Jan. 6, 2021 – largely because the event was not deemed at the highest security level by the Department of Homeland Security (DHS).
Horowitz, though, said the FBI took significant and appropriate steps to prepare for that role.
According to the report, there were a total of 26 confidential human sources in the crowd that day, but only three of them were assigned by the bureau to be there.
One of the three confidential human sources tasked by the FBI to attend the rally entered the Capitol building, while the other two entered the restricted area around the Capitol.
If a confidential human source is directed to be at a certain event, they are paid by the FBI for their time.
FIRST ON FOX: The House Select Subcommittee on the Weaponization of the Federal Government released a more than 17,000-page report detailing its work this Congress, touting their success in protecting Americans against censorship of speech and the weaponization of federal law enforcement agencies, Fox News Digital has learned.
Fox News Digital obtained the 17,019-page report compiled by the subcommittee, which falls under the House Judiciary Committee, led by Chair Jim Jordan, R-Ohio.
"The Weaponization Committee conducted rigorous oversight of the Biden-Harris administrations weaponized government and uncovered numerous examples of federal government abuses," Jordan told Fox News Digital. "Through our oversight, we protected the First Amendment by investigating the censorship-industrial-complex, heard from numerous brave whistleblowers, stopped the targeting of Americans by the IRS and Department of Justice, and created serious legislative and policy changes that will benefit all Americans."
The report, first obtained by Fox News Digital, states that the "founding documents of the United States articulate the ideals of the American republic and guarantee to all American citizens fundamental rights and liberties.
"For too long, however, the American people have faced a two-tiered system of government—one of favorable treatment for the politically-favored class, and one of intimidation and unfairness for the rest of American citizens," it continues. "Under the Biden-Harris Administration, the contrast between these two tiers has become even more stark."
The committee was created to "stand up for the American people," the report says, highlighting its work to "bring abuses by the federal government into the light for the American people and ensure that Congress, as their elected representatives, can take action to remedy them."
The mission of the subcommittee was to "protect and strengthen the fundamental rights of the American people," the report said, noting that by investigating, uncovering and documenting executive branch misconduct, lawmakers on the panel have taken "important steps to ensure that the federal government no longer works against the American people."
"This work is not complete, but it is a necessary first step to stop the weaponization of the federal government," the report states.
The committee, from its inception, says it has been working to protect free speech and expand upon the constitutional protections of the First Amendment.
JORDAN SUBPOENAS BIG TECH CEOS FOR RECORDS ON 'COLLUSION' WITH BIDEN ADMIN TO 'SUPPRESS FREE SPEECH'
"Throughout the Biden-Harris administration, multiple federal agencies, including the White House, have engaged in a vast censorship campaign against so-called mis-, dis-, or malinformation," the report states, noting that the subcommittee revealed the extent of the "censorship-industrial complex," and detailed how the federal government and law enforcement coordinated with academics, nonprofits, and other private entities to censor speech online."
The panel is touting its work, saying its oversight has "had a real effect in expanding the First Amendment."
"In a Supreme Court dissent, three justices noted how the Select Subcommittee’s investigation revealed that ‘valuable speech was..suppressed,’" the report states.
And in a letter to the subcommittee, Facebook and Meta CEO Mark Zuckerberg admitted that the Biden-Harris administration "pressured" Facebook to censor Americans.
"Facebook gave in to this pressure, demoting posts and content that was highly relevant to political discourse in the United States," the report states.
And in another win for the subcommittee, in response to its work, universities and other groups shut down their "disinformation" research, and federal agencies "slowed their communications with Big Tech."
The committee also celebrated a "big win" in October after it prevented the creation of a new "GARM," an advertising association that engaged in censorship and boycotts of conservative media companies. The committee revealed, before it was disbanded, that GARM had been discussing ways to ensure conservative news outlets and platforms could not receive advertising dollars and were engaged in boycotts of conservative voices and Twitter once it became "X" under the ownership of Elon Musk.
Meanwhile, the subcommittee also investigated the alleged weaponization of federal law enforcement resources.
In speaking with a number of whistleblowers, the subcommittee learned of waste, fraud and abuse at the FBI.
"When these whistleblowers came forward, the bureau brutally retaliated against many of them for breaking ranks—suspending them without pay, preventing them from seeking outside employment, and even purging suspected disloyal employees," the report states, noting that the subcommittee revealed that the FBI "abused its security clearance adjudication process to target whistleblowers."
The report references the FBI’s response, in which the bureau admitted its "error" and reinstated the security clearance of one decorated FBI employee.
FBI INTERVIEWED PRIEST, CHURCH CHOIR DIRECTOR AHEAD OF ANTI-CATHOLIC MEMO, HOUSE GOP FINDS
The subcommittee also was tasked with investigating the executive branch’s actions in "intruding and interfering with Americans’ constitutionally protected activity."
For example, the subcommittee revealed "and stopped" the FBI’s effort to target Catholic Americans because of their religious views; detailed the DOJ’s directives to target parents at school board meetings; stopped the Internal Revenue Service from making "unannounced visits to American taxpayers’ homes;" caused the DOJ to change its internal policies to "respect the separation of powers and limit subpoenas for Legislative Branch employees; and highlighted the "vast warrantless surveillance of Americans by federal law enforcement."
The panel also investigated the federal government’s election interference, highlighting the FBI’s "fervent efforts to ‘prebunk’ a story about the Biden family’s influence peddling scheme in the lead-up to the 2020 presidential election."
The panel also investigated and demonstrated how the 2020 Biden campaign "colluded with the intelligence community to falsely discredit this story as ‘Russian disinformation.’"
The report includes a list of hearings the subcommittee held, letters sent by the subcommittee and subpoenas issued by the panel.
It also includes depositions and transcribed interviews conducted by the subcommittee. The subcommittee conducted 99 depositions and transcribed interviews during this Congress.
Depositions and interviews included in the massive report are of former FBI officials and CIA officials, like former Director John Brennan, former prosecutor in the Manhattan District Attorney’s Office involved in the original hush money probe against President Trump, Mark Pomerantz, and interviews with Facebook, Meta and Google officials.
Alex Brandon/AP
A recent wave of mysterious drone sightings across the US has, to a certain extent, kick-started a long-overdue discussion on drone technology and airspace management.
These drone sightings have captured national attention, and the public is now paying more attention to drone activity near US military bases. Federal agencies are talking to the public about drone issues. And there's more public discussion of congressional legislation to boost federal authority as the government says it's hamstrung in its ability to respond to drone threats.
"There's a fundamental notion that drones present a very, very new expanded type of threat," Doug Birkey, executive director of the Mitchell Institute for Aerospace Studies, told Business Insider, noting that the US largely lacks "the tactics and the procedures to deal with this."
Birkey said many people are "overplaying" the mystery behind the latest drone sightings. But the resulting buzz is driving conversations about counterstrategies and systems that "should have happened a long time ago."
Officials from the White House, FBI, DHS, DoD, and the FAA have urged Congress to "enact counter-UAS legislation when it reconvenes that would help extend and expand existing counter-drone authorities to identify and mitigate any threat that may emerge." This has been a recurring topic in press briefings in recent weeks.
"The good news is that technology largely exists" to address the challenges presented by drone tech, Birkey said. "We just have to get serious about going after it and then having the procedures down to be smart about it."
Newsday LLC/Newsday via Getty Images
In mid-November, unidentified aircraft were first seen flying over New Jersey. They drew national attention as reported sightings extended to Maryland, Pennsylvania, Ohio, and New York, among other states, this month.
It wasn't until worry and wild speculation about the drones reached a fever pitch that agencies began a more organized effort to communicate. In the initial absence, others filled the void with conspiracy theories, a major one being that the drones were launched from an Iranian drone mothership off the US East Coast.
The federal government has shot many of these assertions down, saying they're not of foreign origin and not a threat.
The White House, FBI, Homeland Security, Pentagon, and FAA have said that all the evidence available indicates the drone sightings are a mixture of "lawful commercial drones, hobbyist drones, and law enforcement drones, as well as manned fixed-wing aircraft, helicopters, and stars mistakenly reported as drones."
Though not nefarious, US officials said they "recognize the concern among many communities" and the "irresponsible" nature of the drone activity near restricted airspace and infrastructure, including military bases and civilian airports.
Things have "sort of moved to a point of hysteria," said Stacie Pettyjohn, the director of the defense program at the Center for a New American Security. She said that "the public has gotten really agitated because of the perceived novelty of drones or the danger associated with them."
She said "people seeing drones everywhere" are "starting to conflate just normal air traffic and anything in the sky and assuming that something nefarious or strange is happening."
But even as the government has attempted to quell concerns, skepticism remains, leading some to push for greater clarity on this issue so that drones can be discussed rationally.
William Austin, a drone expert and president of Warren County Community College, said the federal government needs to be clear with the public in this situation.
He wrote in a recent op-ed that "the public needs clear, authoritative communication: there is no credible evidence of large drones operating over New Jersey,"
Austin argued in his article that "the drone industry has too much to offer — cutting-edge technology, job creation, and life-saving applications — to be derailed by myths." He said, "We need facts, not speculation."
Surging interest and investment in new drone tech have catalyzed rapid advancements, transforming the technology at an unprecedented pace in recent years.
Increasing competition in the global market is making drones more accessible, affordable, and user-friendly, expanding their use beyond traditional military and defense applications to sectors like agriculture, logistics, and recreation.
"It's part of the changing technological landscape that extends beyond just the military," Pettyjohn said. "It's not just the realm of the government anymore to have really sophisticated capabilities. It's just part of everyday society."
Commercial and civilian drones only began to emerge in the early 2000s, leaving the general public largely unaccustomed to encountering them in their daily lives.
The high-profile Chinese spy balloon incident last year that ended with it being shot down by a US fighter jet spotlighted aerial surveillance as a potential threat to public safety and national security. Terrorist and insurgent operations, as well as the widespread use of drone warfare in Ukraine, have also heightened fears regarding their possible weaponization.
And there are real risks, regardless of whether drone activity is malicious. As drone technology proliferates further, activities around military bases and airfields are becoming a "huge problem" for the US, Mark Cancian, a defense expert at the Center for Strategic and International Studies and a retired US Marine Corps colonel, recently told BI.
A US military base in Ohio briefly closed its airspace after small drones were spotted in the area, and the runways at a New York airport were also briefly shut down due to nearby drone activity.
Sociologist and New York Times columnist Zeynep Tufekci wrote that the hysteria and drama of the recent drone situation aside, "unauthorized drones are a problem, and there does need to be better regulation and technology to deal with them. Let's hear about that, then, rather than this mindless dangerous panic."
Alex Brandon/AP
US authorities want people to know they shouldn't point lasers at what they think are "mystery drones" in the sky.
The Federal Aviation Administration told multiple news outlets on Wednesday that complaints of laser strikes on crewed planes over New Jersey have jumped 269% in recent weeks compared to the same period last year.
Per Reuters, the agency received 59 reports of people aiming lasers at planes in the first half of December, up from eight in the same period of 2023.
The administration also said it had received "dozens of new laser reports from pilots" over the New York, New Jersey, and Pennsylvania areas.
The FAA told CNN that pilots across the entire US cumulatively report about 30 laser strikes on a typical night. But on Tuesday night alone, the number of reported strikes reached 123 nationwide, the administration told the outlet.
Even if the laser's target isn't a plane, it's illegal under US federal law to point a laser or shoot a firearm at a drone.
The Federal Bureau of Investigation in Newark, New Jersey also said on Monday that it was receiving more reports of pilots "being hit in the eyes" because people thought they were pointing lasers at drones.
The FBI added that local authorities have been out every night for several weeks to track down "operators acting illegally," saying the consequences of shining lasers at crewed aircraft could be deadly.
"Misidentification often occurs when UAS are mistaken for more familiar objects such as manned aircraft, low-orbit satellites, or celestial bodies like planets or stars," the FBI's Monday statement said, referring to unmanned aircraft systems.
The government warnings come as residents along the East Coast have reported seeing "mystery drones" in the sky, triggering conspiracy theories that the unknown objects are being used for nefarious or secret purposes.
The Pentagon and other federal agencies said these sightings likely aren't a threat, and that out of 5,000 drone sightings reported in recent weeks, only 100 warranted investigations.
Over a million drones are legally registered in the US, and officials say the sightings could involve commercial drones, hobbyist drones, or law enforcement drones.
The FBI field office in Newark urged New Jersey residents this week not to shoot down drones or point lasers at manned aircraft, taking to social media to warn against the dangerous — and possibly deadly — activity, which comes amid an uptick in reported drone sightings along the U.S. East Coast.
The drone sightings have prompted a collective sense of panic among residents, who have taken to social media to share photos and videos of believed drones captured in the darkened U.S. skies. The shared sense of fear-mongering has also prompted some vigilante-like responses, with some social media users documenting efforts to take matters into their own hands, including via laser beam.
In the statement, released by the FBI and New Jersey State Police, authorities expressly warned against such activities, citing an increase in pilots of manned aircraft in the area who have been hit in the eyes with lasers after being misidentified as a drone by someone on the ground.
'DRONE' SIGHTINGS IN THE NORTHEAST SPARK 'UNFOUNDED' PANIC, SAYS EXPERT
Officials said there is also a concern that people on the ground could also mistakenly fire weapons at what they believe to be an Unmanned Aircraft Systems, or UAS, but is in fact a manned aircraft.
"FBI Newark, NJSP, and dozens of other agencies and law enforcement partners have been out every night for several weeks to legally track down operators acting illegally or with nefarious intent and using every available tool and piece of equipment to find the answers the public is seeking," the authorities said in the statement. "However, there could be dangerous and possibly deadly consequences if manned aircraft are targeted mistakenly as UAS."
They also noted how easy it can be for an individual on the ground to mistake a manned aircraft for a UAS.
"Misidentification often occurs when UAS are mistaken for more familiar objects such as manned aircraft, low-orbit satellites, or celestial bodies like planets or stars," they said.
"To improve accuracy and prevent false sightings, a variety of tools and techniques can be used to assist with the visual identification of suspected UAS. Accurate identification is critical for maintaining safety and ensuring appropriate responses to UAS activity."
The statement from the FBI field office and state police comes as New Jersey residents and lawmakers have voiced frustrations about the uptick in drone sightings and what they view as a lack of answers they have been given by the federal government in response.
Still, U.S. officials have sought to emphasize that the aircraft in question are not, in fact, a national security threat. Maj. Gen. Patrick S. Ryder, the Pentagon press secretary, stressed to reporters during a briefing Tuesday that the drones are any sort of government asset, and ruled out the notion that they were any part of "experimental program" being tested by the U.S.
In a joint statement Monday, the Department of Homeland Security, the FBI, the Federal Aviation Administration and the Department of Defense said that, while they "recognize the concern" from the general public, there is no evidence that the drones are "anomalous" or a threat to public safety or to U.S. national security.
Separately, senior officials from the CIA, FBI, and DOD traveled to Capitol Hill Tuesday afternoon to brief lawmakers on the House Intelligence Committee on the uptick in drone sightings.
It is unclear, however, how far these efforts have gone to thwart the rise in public concerns.
The FBI said Monday that it has received more than 5,000 reports of alleged drone sightings in the last "few weeks" — reflecting the rise in panic from some residents, including many who have taken to social media to document their sightings on social media.
Connecticut Rep. Jim Himes, R-Conn., used an interview on "Fox News Sunday" to call on more federal agencies — including the Federal Aviation Administration — to share more information about the drone sightings with the public.
"The FAA in particular, which is the agency of jurisdiction through the domestic skies, ought to be out Saturday morning saying, ‘Let’s show you a picture at the number of aircraft, commercial and private and military, that go over New Jersey in any 24-hour period,’" Himes said.
"Just putting information out there to fill that vacuum would be helpful," he added.
Kalshi CEO Tarek Mansour confirmed on a podcast interview that his employees asked social media influencers to promote memes about the FBI’s raid on the home of his archrival, the CEO of Polymarket. Both companies offer competing events-betting markets, a new kind of betting industry where people wager about the outcomes of events ranging from […]
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After a densely eyebrowed man was caught on camera shooting UnitedHealthcare CEO Brian Thompson, authorities put a bounty on his head.
The New York Police Department's Crime Stoppers program offered a $10,000 reward for information that could lead to the killer's arrest or conviction. The Federal Bureau of Investigation followed suit, touting a $50,000 reward.
But the tipster who called 911 on Luigi Mangione needs Mangione, who was arrested Monday and accused of the killing, to be convicted before they get the money.
An ordinary Crime Stoppers reward is under $3,500. In those cases, tipsters can be paid upon arrest and indictment.
But when a reward is raised to exceed that amount, the money isn't disbursed until a conviction, either at trial or through a guilty plea, according to a spokesperson for the New York City Police Foundation, which administers the funds.
Officers in Altoona, Pennsylvania, arrested Mangione at a McDonald's restaurant, on charges that he lied about his identity and illegally carried a ghost gun police said was assembled from 3D-printed parts.
Mangione will likely be extradited to New York, where a warrant indicates he will be charged with murder, among other crimes. Mangione has not made any public statements since his arrest and has not yet entered a plea for the charges against him.
Thomas Dickey, an Altoona-based defense attorney representing Mangione on his Pennsylvania charges, didn't immediately return a request for comment from Business Insider.
According to New York Police Department officials, the 911 caller was a fast-food worker who was tipped off about Mangione by a restaurant patron.
Even though that person didn't call Crime Stoppers directly, they can still potentially receive the reward, according to the foundation spokesperson.
"The individual in Pennsylvania, who called in a tip, is eligible to receive the reward," the spokesperson told Business Insider.
Crime Stoppers doesn't always pay out the maximum amount of their rewards. The total is determined by a board overseen by the foundation, which acts upon the recommendation of the commanding officer of the NYPD's Crime Stoppers unit.
Given the high profile of Thompson's killing, it's likely the tipster will be eligible for the full amount, Joe Giacalone, a former New York police officer who oversaw the unit, said.
"Since this was a national manhunt, I would assume they would ask for the highest amount of award," said Giacalone, now an adjunct professor at John Jay College of Criminal Justice.
The board would also decide whether the reward would go to either the restaurant patron, who first apparently recognized Mangione, or the employee who called 911, or both. Those details "would be ironed out between Crime Stoppers and the police foundation," the foundation spokesperson said.
"In the past, on other cases, sometimes they both get their reward," the spokesperson said. "Sometimes the reward is split half-and-half."
It's less clear whether the caller can get a piece of the FBI's $50,000 award anytime soon.
The language on the FBI poster offered money for "information leading to the arrest and conviction of the individual responsible for this crime," also indicating it wouldn't pay out unless a conviction is reached.
An FBI representative said tips from the public are among the agency's "best tools in preventing, detecting, and deterring crime." It did not answer questions about the Mangione tipster or its reward process.
"The FBI maintains longstanding policy not to confirm the identity of individuals who assist the FBI by providing tips or information," the representative said in an email. "Additionally, the FBI will not comment on whether reward money has been paid and to whom. The FBI takes this position for privacy protection, and to ensure the public's continued cooperation and incentivization with any future assistance."
Reward funds can help ease the financial burden of potential informants, whose lives may be transformed if they become cooperating witnesses or ultimately testify at trial. Former prosecutor Opher Shweiki said they were helpful in capturing and building the case against Ahmed Abu Khatallah, who was involved in the 2012 Benghazi terrorist attack. The case was featured as one of the "Success Stories" from Rewards for Justice, a law enforcement program that works with the FBI to offer rewards.
"They're sometimes upending their lives," said Shweiki, now a national security partner at Akin Gump. "And so there's a lot that goes into that equation."
A conviction in the Thompson killing could take a long time if it happens at all. As Business Insider's Laura Italiano reported, a savvy lawyer could delay the Pennsylvania-to-New York extradition for years — and that would be before Mangione would be arraigned on murder charges, kicking off the formal process for the criminal case.
Mangione's folk hero status has led to a cascade of online threats against the employee who called 911, whose name has not been publicly disclosed. The fast food restaurant location where Mangione was arrested has beefed up security, Newsweek reported.
The ordinary NYPD Crime Stoppers procedure is designed to be completely anonymous to protect tipsters. Callers are given ID numbers, and their identities are not even known to police officers — even when they collect the reward.
Given the threats and heightened emotions surrounding the case, Giacalone said NYPD officials were wrong to disclose identifying information about the tipsters, including the restaurant where the call was made.
A spokesperson for the NYPD didn't immediately return a request for comment on the disclosure.
"It was a mistake," Giacalone said. "Because, if you're watching what people are saying online about this person, they're in danger. And so is their family."
