DOJ Holds FBI Informant Responsible for Erasing Jan. 6 Evidence

The Justice Department has pointed the finger at an FBI informant for erasing video footage taken during the Capitol Hill uprising on January 6, 2021. This footage was requested by a Jan. 6 protestor as part of his criminal defense.

Proud Boys Members and the Missing Footage

The DOJ revealed the information about the missing video, which was taken by an FBI informant and former Proud Boys member, James Ehren Knowles, in a court filing. The video was requested by Jan. 6 protestor William Pope, who is representing himself in court. Pope requested the footage from the DOJ in February, and on September 17, prosecutors stated that no such footage exists. Pope filed a response three days later, arguing that the footage must exist as Knowles was seen on CCTV footage recording as he entered the Capitol. Furthermore, Knowles testified during last year's Proud Boys trial that he had indeed recorded the event.

Pope's Argument

Pope's argument is not about whether Knowles was filming, as Knowles admitted under oath that he was. Instead, Pope questions whether the government has fulfilled their obligation to obtain the recordings made by their FBI informant, James Ehren Knowles. Pope also pointed out that Knowles testified last year that he does not remember whether he handed over the video he took to the FBI. Pope suggested three possibilities: Knowles might have given the FBI the video but doesn't remember, Knowles might have kept his own copy and not given it to the FBI, or FBI informant James Knowles might have deleted evidence that is relevant to Pope's case.

DOJ's Response

In response to Pope's argument, District Judge Rudolph Contreras ordered the DOJ to inform the court whether it believes Knowles deleted the alleged video and if so, whether Pope has the ability to retrieve such data from the supposed mirror-image copy of his phone taken by the FBI. In response to the judge’s order, the DOJ claimed that Knowles deleted the footage. According to the DOJ, the FBI has reviewed Knowles’ phone again, and hasn’t found any footage of him entering the Capitol. The government believes that Knowles did delete images and/or videos that he recorded on January 6. However, it remains unclear whether the footage Pope sought would have been useful to him. Pope’s trial is set for Dec. 2.

Bottom Line

The case of the missing Jan. 6 footage raises important questions about the role and responsibilities of informants, and the obligations of the government in criminal defense cases. It also highlights the complexities and challenges that can arise in such situations. What are your thoughts on this matter? Do you think the FBI informant was right to delete the footage, or should it have been preserved for the sake of justice? Share this article with your friends and discuss. Don't forget to sign up for the Daily Briefing, which is every day at 6pm.