Ryan Goodman and Andrew Weissmann write:

What did the FBI know before the Jan. 6 attack on the Capitol? What did it do to make sure it had the necessary intelligence? And what did the bureau do with what it did know?

After two days of recent hearings with FBI Director Christopher A. Wray, these questions remain frustratingly unanswered. Many law enforcement and intelligence agencies fell short in the run-up to Jan. 6; they failed to adequately prepare for the dangers of a singular event that had every member of Congress and the vice president gathered in a single location.

But the stingy, unenlightening testimony by the FBI director is particularly disappointing. Wray repeatedly failed to provide the information lawmakers seek to perform their oversight role. Like many Americans, lawmakers have been astonished that the FBI and other agencies did not pick up on the threats of violence broadcast for weeks on social media by Trump supporters and militia groups before Jan. 6.

In response to questions from Reps. Alexandria Ocasio-Cortez (D-N.Y.) and Eric Swalwell (D-Calif.), Wray suggested the bureau’s hands were tied by Justice Department policy that requires a “proper predication” before being able to scan social media. The FBI, he said, cannot go out and monitor social media “just in case.”

That answer is deeply unsatisfying. [Continue reading…]