Lawfare Archive: Who Let the Barbarians Through the Gates?
Aug 31, 2024
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Fred Burton, executive director of the Center for Protective Intelligence, and Garrett Graff, a national security journalist, dive into the January 6 Capitol riot. They analyze the failures of the Capitol Police and the chaotic events that led to the insurrection. The conversation examines accountability, the role of digital evidence in prosecuting suspects, and the challenges of law enforcement post-attack. They also discuss the implications of potential pardons by former President Trump and the need for critical security reforms to uphold democratic values.
The catastrophic security failure of Capitol Police during the January 6 insurrection highlighted the dire need for established emergency protocols and operational drills.
There is a strong push for accountability and a thorough review of security measures to prevent future breaches while balancing public access to the Capitol.
Deep dives
Capitol Police Failures and Mismanagement
The Capitol Police's failure during the January 6 insurrection is highlighted as a catastrophic mismanagement of security. Many experts pointed out that despite having one of the highest law enforcement presences, the Capitol Police were unprepared and lacked adequate contingency plans. Factors such as an absence of a rapid response force and an inability to recognize the threat level contributed to the chaotic situation. The inadequacy of the officers present, who were not equipped with riot gear, further exacerbated the situation, leading to their overwhelming by the rioters.
Evaluating Emergency Protocols
The episode discusses the importance of established emergency protocols in situations like the Capitol invasion. Participants expressed concerns about the lack of operational drills and rehearsals for evacuating key individuals during a crisis. While some evacuation processes were executed smoothly, it became apparent that the overall planning and communication procedures were deficient. The chaos demonstrated a failure of imagination and preparedness that left many astonished, given the historical awareness of potential threats at such events.
Legal and Law Enforcement Response
The legal ramifications for those involved in the Capitol breach are anticipated to be extensive, with many facing potential charges. Experts noted that the FBI would focus initially on high-profile ringleaders before systematically pursuing lower-level participants. The utility of technology in identifying individuals involved was underscored, allowing for a potentially quick investigation process. However, the discussion also raised concerns about how swift arrests could serve as a deterrent and how high-profile pardons could undermine the accountability efforts.
Need for Comprehensive Security Review
There is strong advocacy for a thorough review of Capitol security protocols and leadership accountability in the aftermath of the insurrection. Experts suggested establishing an independent board to analyze the failures and develop enhanced security protocols for future events. The focus would be not only on what went wrong but also on how to balance security with the public's ability to access this symbolic government building. This introspection is deemed necessary to prevent a repeat of such a security breakdown while maintaining democratic accessibility.
From January 8, 2021: The storming of the Capitol on Wednesday was a catastrophic failure of protective law enforcement, as rioters overran Capitol Police barricades and gained access to a building that a lot of police were supposed to be protecting. How did it happen? Who screwed up? And what can be done about it? Benjamin Wittes sat down with Fred Burton, the executive director of the Center for Protective Intelligence at Ontic and a former protective officer; Garrett Graff, a journalist who covers federal law enforcement and who wrote a book about continuity in government; and Lawfare's executive editor Susan Hennessey. They talked about how bad the failure was on the part of the Capitol Police, who is responsible for it, what can be done now to bring the perpetrators to justice and how we should think about changing security protocols on Capitol Hill going forward.