WASHINGTON -- The FBI website featured a man who was wanted for attacking police officers at the Capitol in the Jan. 6 attack. He died months ago. The bureau now has to decide what to do with those photos.
Since Jan. 6, 2006, more than 500 images have been posted by the FBI on its U.S. webpage. Capitol Violence webpage. The page includes more than 350 people who have not been arrested.
The website labels people who are currently in jail as "arrest." The FBI has removed some images from its database of people who have not been arrested in certain cases. This has sparked conspiracy theories by supporters of former President Donald Trump. They are trying to portray Jan. 6 as an attack by Trump fans who believe Trump's claims of a stolen election, but rather as a fake flag event organized by "agent provocateurs."
"If they don't bring them to justice, we won't be able to talk about them." One law enforcement official stated that they would not talk about the person. "That puts us into a difficult place."
The FBI will need to consider this when deciding what action to take regarding the suspect, who is still listed on its website under the "AFO" label. This refers to assault on a federal officer. The FBI received the tip months before the suspect's sudden death. However, removing his photo from the website could lead to more conspiracy theories. This would only be solved through public identification. A family still grieving its loss could experience a new round of pain. (NBC News does not name the suspect other than to say he is from the Midwest. He was not charged or arrested before his death.
Conspiracy theories have already been sparked by the removal of images from FBI's website. Most infamous case is Ray Epps. This was a Trump supporter hailing from Arizona and one of the first to be added on the FBI's website following the Capitol attack. Epps, No. Epps, No. 16 on the list, which now exceeds 500, was immediately identified by and spoke to the Arizona Republic during its immediate aftermath.
There are many conspiracy theories about his removal from the list, which he did not face any charges.
It was natural that investigators would like to speak to Epps. He is at the front line of the police force (but never engages physically with them) and was seen telling Trump supporters on Jan. 5 that they had to "into" Capitol.
It makes sense that Epps would not be prosecuted by the Justice Department. There were thousands of people, just like Epps who were illegally on restricted grounds of Capitol. Prosecutors, however, have concentrated their resources on those who entered Capitol building or assaulted officials outside. Epps' speech declaring that Trump supporters should "peacefully” enter the Capitol building would be protected under the First Amendment. There is no evidence to suggest that Epps did so. (Epps for his part told the House Jan. 6, select committee, that he had never been an informant for either the FBI or any other law enforcement agencies.
However, the conspiracy theory about Epps was spread jumping. It started with a website managed by a former Trump White House speechwriter, who resigned after being revealed that he had attended a conference with white nationalists. Then it went to Tucker Carlson's Fox News program and then to a Senate Rules and Administration Committee hearing where Sen. Ted Cruz (R.Texas), questioned the FBI and Justice Department about the events of Jan. 6.
Another example is the absence of a Capitol suspect from the FBI website. This has sparked conspiracy theories. Carlson hosted a Carlson show in which an attorney representing several Jan. 6 defendants accused several people of being "agent provocateurs." The attorney claimed that one of the Jan. 6 defendants was "clearly an officer in law enforcement." However, , a Tucker Carlson fan hailing from St. Louis , turned out to have been . He enjoys running around Busch Stadium during Cardinals' games and has posted before about being paid a visit at the FBI.
The Jan. 6 probe is the largest in history and has had many hiccups. The Capitol Violence website was redesigned to allow for larger images than the PDFs that contained multiple images released by the FBI in the weeks that followed Jan.6. This has made it a key focus point for both online sleuths looking to bring Jan.6 suspects to justice as well as Trump supporters trying to counter that narrative.
Many photos on the website have been replaced by higher-quality images found online by investigators. Some suspects have been removed entirely due to additional details being discovered or because the suspect was younger than 18 years. The FBI discovered that it had duplicated images of suspects who changed their appearances by adding or removing clothing items.
The FBI is caught in a Catch-22. It cannot say that it declined to prosecute any case. Nor can it confirm publicly whether someone is an FBI informant or not. This policy, which was intended to protect individuals from criminal charges, has inadvertently fed conspiracies surrounding the Jan. 6 attack.
In connection with the attack against the U.S. Capitol by supporters of Trump, more than 700 people were arrested. The attack was part of Trump's efforts to win the election. More than 2,500 could be facing criminal charges for either entering the U.S. Capitol, or attacking officers and members of media.
