Law Enforcement’s Response to the January 6th Events at the Capitol

Law Enforcement’s Response to the January 6th Events at the Capitol

January 22, 2021
Law Enforcement’s Response to the January 6th Events at
the Capitol
On January 6, 2021, security at the Capitol was breached by
criminal offenses committed in the district. While MPD
people who reportedly sought to prevent Congress from
officers can make arrests on Capitol grounds, MPD cannot
certifying the votes of the Electoral College. Some
enter the Capitol grounds to make an arrest in response to a
individuals clashed with law enforcement officers and for
complaint, serve a warrant, or patrol the grounds without
several hours occupied parts of the Capitol. At the request
the consent or request of the Capitol Police (2 U.S.C.
of District of Columbia Mayor Muriel Bowser and the U.S.
§1961(a)). Per MPD General Order 310.01, investigative
Capitol Police, law enforcement agents from the
responsibilities for crimes committed on the Capitol
Department of Justice (DOJ), along with law enforcement
grounds are the responsibility of the Capitol Police, with the
officers from the U.S. Park Police, the Metropolitan Police
exception of homicide and serious sex offenses, which are
Department (MPD), and law enforcement agencies in
jointly investigated by MPD and the Capitol Police.
Maryland and Virginia, assisted with expelling the
occupiers and securing the Capitol. In addition to the
Federal Bureau of Investigation (FBI)
damage done to the Capitol, pipe bombs were found near
Under 28 U.S.C. §533, the FBI is authorized to investigate
the Democratic and Republican National Committees’
any federal crime where jurisdiction is not specifically
offices. A car with 11 explosive devices was found near the
assigned to another department or agency. Two of the FBI’s
Capitol. Some reportedly brought firearms and ammunition
investigatory priorities are terrorism and violent crime. The
onto the Capitol grounds. DOJ is jointly investigating
FBI has taken the lead in identifying suspects wanted for
criminal cases stemming from the events at the Capitol with
crimes related to the unrest at the Capitol.
MPD and the Capitol Police. (For more information on
federal criminal statutes that might be implicated by the
U.S. Marshals Service (USMS)
unrest at the Capitol, see CRS Legal Sidebar LSB10564.) It
USMS provides security for the judiciary, serves warrants
has also been reported that DOJ and the Federal Bureau of
issued by U.S. courts, apprehends fugitives, and transports
Investigation (FBI) have established a sedition and
prisoners (28 U.S.C. §566). USMS also effectively serves
conspiracy task force to investigate and pursue charges
as the sheriff’s office for Washington, DC. USMS has been
related to the January 6th events at the Capitol. (For more
involved in arresting people who are charged with crimes
information on people charged with offenses stemming
related to the breach of Capitol security.
from these events, see https://www.justice.gov/
opa/investigations-regarding-violence-capitol.)
Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF)
This In Focus describes the jurisdiction and investigatory
Under 28 U.S.C. §599A(b), ATF is responsible for
responsibilities of the law enforcement agencies that
investigating criminal and regulatory offenses related to
responded to the Capitol unrest. It also provides an
federal firearms, explosives, arson, alcohol, and tobacco
overview of the authority for federal, state, and local
smuggling laws. ATF can also investigate cases of violent
governments in the National Capital Region (defined as the
crime and domestic terrorism delegated to it by the
District of Columbia; Montgomery, Prince George’s,
Attorney General.
Arlington, Fairfax, Loudon, and Prince William Counties;
and Alexandria) to enter into mutual aid agreements with
U.S. Park Police (USPP)
each other.
Section 102701 of Title 54 of the U.S. Code authorizes the
Secretary of the Interior to establish a law enforcement
Law Enforcement Agencies
agency to “maintain law and order and protect individuals
and property” in the national parks system. In Washington,
U.S. Capitol Police
DC, the USPP primarily provide law enforcement services
Under 2 U.S.C. §1961, the Capitol Police are responsible
on the National Mall and the Ellipse. Also, under section 5-
for policing the Capitol building and grounds. Under this
206 of the D.C. Code, USPP officers have general policing
authority, the Capitol Police are authorized to make arrests
powers (e.g., the authority to make arrests based on
in the Capitol building or on Capitol grounds for “violations
probable cause or serve warrants) “on and within roads,
of any law of the United States, of the District of Columbia,
parks, parkways, and other federal reservations” of
or of any State.” (For more background on the Capitol
Washington, DC.
Police, see CRS Insight IN11570).
Tactical Capabilities
Metropolitan Police Department (MPD)
All three agencies deployed by DOJ in response to the
MPD is the primary law enforcement agency in the District
violence at the Capitol (FBI, ATF, and USMS) and the U.S.
of Columbia and it has the juris diction to investigate
Park Police maintain tactical teams. There were reports that
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Law Enforcement’s Response to the January 6th Events at the Capitol
the FBI’s Special Weapons and Tactics (SWAT) and
or other natural or human-made disasters. When
Hostage Rescue Teams (HRT) and the ATF’s Special
emergencies are declared, a party to the agreement notifies
Response Team (SRT) were deployed to the Capitol. There
other parties of the need for assistance, which is to be
is no indication that the USMS or the Park Police deployed
provided pursuant to procedures specified in operational
their tactical teams.
plans agreed to by the parties. Aid under the agreement can
also be requested for public service events, which are
 The FBI’s Washington, DC, field office maintains a
events that might not rise to the level of an emergency, b ut
SWAT team. According to the FBI, the SWAT team can
which might still require inter-jurisdictional assistance.
“storm barricaded buildings and vehicles; breach locks
Unlike emergencies, the activities or situations contributing
and other structures; arrest armed and dangerous
to a public service event are often known in advance.
criminals; rescue hostages; [and] patrol areas and
provide security.” In addition, the FBI’s HRT, which is
Twenty jurisdictions in Maryland, Virginia, and the District
based at the FBI Academy in Quantico, VA, is the “U.S.
of Columbia have signed the National Capital Region
government’s non-Department of Defense full-time
Mutual Aid Agreement.
counterterrorist tactical team.” HRT conducts missions
involving hostage rescue, barricaded subjects,
Maryland, Virginia, and District of
undercover operations, high-risk arrests, and
Columbia Authorities
surveillance operations.
The authorization under P.L. 108-458 encourages Maryland
and Virginia to facilitate the ability of localities to enter into
 ATF maintains five SRTs, one of which is based in
interstate mutual aid agreements in the National Capital
Sterling, VA. SRTs are tactical teams that can rapidly
Region. Maryland is the only state with a statute to
respond to high-risk law enforcement operations. Their
specifically facilitate mutual aid agreements under P.L.
work includes serving search and arrest warrants, high-
108-458, though both Virginia and Washington, DC, have
risk criminal investigations, undercover operations,
authorities that could allow law enforcement agencies to
surveillance operations, and protective service
enter into mutual aid agreements, such as the National
operations.
Capital Region Mutual Aid Agreement.
For more information, see the Government Accountability
Section 14-8A-02 of the Maryland Code, Public Safety
Office’s report on federal tactical teams (GAO-20-710).
Article, authorizes the state, the governing body of a county
or municipal corporation, or any other governmental agency
Mutual Aid Agreements
within the National Capital Region to enter into reciprocal
As a matter of regular practice, law enforcement officers
agreements with a federal agency, Virginia, the District of
cannot operate outside of their territorial jurisdiction.
Columbia, or a county or municipal corporation, within or
However, there are legal mechanisms, such as cooperative
outside the state, and “establish, train, and implement plans
or mutual aid agreements, whereby law enforcement
to request or provide mutual aid through the use of its
officers in one jurisdiction are authorized to enforce laws or
officers, employees, and agents, together with all necessary
provide assistance in another jurisdiction. Law enforcement
equipment, in accordance with §7302 of the Intelligence
agencies have to be given authority under state law to enter
Reform and Terrorism Prevention Act of 2004.”
into these agreements.
Section 2-209.01 of the D.C. Code authorizes the mayor to
National Capital Region Mutual Aid
enter into reciprocal agreements with any county,
Section 7302 of the Intelligence Reform and Terrorism
municipality, or agency of Maryland or Virginia to
Protection Act of 2004 (P.L. 108-458, 42 U.S.C. §5196
“establish and carry into effect a plan to provide mutual aid,
note) authorizes representatives of the federal government;
through the furnishing of policemen and other agents and
the mayor of Washington, DC; the governors of Maryland
employees, together with all necessary equipment.”
and Virginia; and the chief executive officers of a locality
in the National Capital Region to enter into, request, or
Section 15.2-1727 of the Code of Virginia authorizes
provide assistance through a mutual aid agreement for,
localities to enter into reciprocal agreements with localities
among other things, law enforcement services in support of
outside of Virginia, including the District of Columbia, to
an emergency or public service event.
“establish and carry into effect a plan to provide mutual aid
through the furnishing of its police and other employees
Federal, state, and local law enforcement agencies have
and agents, together with all necessary equipment, in the
entered into mutual aid agreements under Section 7302 by
event of such need or emergency.” Section 15.2-1724
being signatories to the Metropolitan Washington Council
authorizes police officers to be sent to “any point within or
of Government’s National Capital Region Mutual Aid
without the Commonwealth” to respond to an emergency
Agreement. Under the agreement, for the purposes of
resulting from “the existence of a state of war, internal
requesting aid, an emergency can be declared by the
disorder, or fire, flood, epidemic or other public disaster.”
President or an authorized representative of the federal
government, and a state of emergency can be declared by
Nathan James, Analyst in Crime Policy
the governors of Maryland or Virginia or the mayor of the
District of Columbia. Emergencies can be declared due to,
IF11738
among other things, war, internal disorder, acts of terrorism,

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Law Enforcement’s Response to the January 6th Events at the Capitol

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