Secret Service Communications, Metadata, Reports, and Wire Communications Related to January 6, 2021 Capitol Insurrection

Jordan Lassiter
Independent Investigative Journalist
Transparency Report
Email: Jordan@Lassiter.eu

Date: December 13, 2024

To Whom It May Concern:

Pursuant to the United States Freedom of Information Act, 5 U.S.C. § 552, I hereby request the following records:

Subject: Freedom of Information Act (FOIA) Request – Secret Service Communications, Metadata, Reports, and Wire Communications Related to January 6, 2021 Capitol Insurrection

Recipient:
U.S. Secret Service FOIA Office
245 Murray Lane SW, Building T-5
Washington, DC 20223

Requested Records

I request access to and copies of the following records related to the U.S. Secret Service’s actions, communications, and activities during the January 6, 2021, insurrection at the U.S. Capitol, specifically from January 5, 2021, at 6:00 AM EST through January 7, 2021, at 11:59 PM EST, with a focus on:
• Agents assigned to former President Donald Trump’s security detail.
• Vice President Mike Pence’s security detail.
• Coordination with other federal, state, and local agencies.

This request includes wire communications, electronic communications, radio transmissions, telephone calls, encrypted messaging, and any other forms of internal or external communications used by the Secret Service or in coordination with other agencies. Additionally, it includes any relevant metadata, logs, and supporting documentation.

The request also seeks access to after-action and pre-action reports prepared in connection with the events of January 6, 2021. Given the ongoing congressional hearings and investigations into these events, the records are critical to public interest, government accountability, and public safety.

1. Text Message Communications
• All text messages sent or received by U.S. Secret Service personnel, including but not limited to:
• Agents assigned to President Trump’s and Vice President Pence’s security details.
• Communications regarding Trump’s potential movements, including plans or discussions about traveling to the Capitol.
• Messages discussing security threats to the Capitol, members of Congress, or Vice President Pence as the events unfolded.

Legal Basis: NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214 (1978), affirms the public’s right to access records related to government accountability and transparency.

2. Phone Call Metadata, Logs, and Wire Communications
• Records of phone calls and wire communications made or received by Secret Service personnel, including:
• Logs and metadata (timestamps, durations, and recipients) for calls discussing security threats, coordination, and protective actions.
• Call summaries or notes related to Trump’s potential travel to the Capitol or other significant movements.
• This includes records of any encrypted or secure line communications.

Legal Basis: Milner v. Department of Navy, 562 U.S. 562 (2011), supports disclosure of records not explicitly exempted by FOIA statutes, reinforcing transparency.

3. Emails, Radio Transmissions, and Encrypted Messaging
• Copies of all emails, encrypted communications (e.g., Signal, WhatsApp, or other secure apps), and radio transmissions sent or received by Secret Service personnel during the specified timeframe, including:
• Internal discussions regarding security measures at the Capitol on January 6.
• Communications about Trump’s potential movements or orders to accompany him to the Capitol.
• Coordination with other agencies, such as the FBI, Capitol Police, and the Department of Defense.

Legal Basis: Judicial Watch, Inc. v. U.S. Dep’t of Def., 857 F. Supp. 2d 44 (D.D.C. 2012), highlights the need for transparency in interagency communications during critical events.

4. Incident Reports, Situation Updates, and Real-Time Transmissions
• Copies of all incident reports, situation updates, and real-time operational transmissions during the events of January 6. This includes:
• Reports or communications detailing Trump’s security detail movements and coordination.
• Updates or briefings addressing threats to Congress, the Vice President, and Capitol staff.
• Significant security lapses or concerns as the Capitol was breached.

Legal Basis: American Civil Liberties Union v. U.S. Dep’t of Def., 628 F.3d 612 (D.C. Cir. 2011), supports public access to government records documenting significant public safety events.

5. After-Action and Pre-Action Reports
• Any after-action reports created by the U.S. Secret Service analyzing the events of January 6, 2021, including:
• Security lapses, failures, and vulnerabilities.
• Assessments of agent responses and decisions made during the insurrection.
• Recommendations for future operations or improvements.
• Any pre-action reports or assessments, including:
• Preparations for Trump’s and Pence’s security on January 6.
• Threat assessments or intelligence briefings regarding risks to Congress, the Capitol, or federal officials.

Legal Basis: These reports are critical for public accountability. John Doe Agency v. John Doe Corp., 493 U.S. 146 (1989), highlights FOIA’s intent to shed light on government operations.

6. Deleted or Missing Records
• Documentation regarding any deleted or missing records (e.g., text messages, emails, wire communications) related to January 6, 2021, including justifications or efforts to recover such records.

Legal Basis: FOIA’s transparency principles, as reinforced by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), require agencies to account for missing or withheld records.

7. Interagency Communications
• All communications between the Secret Service and other federal, state, or local agencies during the specified timeframe, including but not limited to:
• FBI, Capitol Police, and Department of Defense communications.
• Interagency discussions about Trump’s or Pence’s security concerns.
• Collaborative updates or plans for managing the escalating events at the Capitol.

Legal Basis: Interagency communications fall within FOIA’s scope, as established in Judicial Watch, Inc. v. Department of Energy, 412 F.3d 125 (D.C. Cir. 2005).

Relevance to Public Interest

This request is of urgent public interest due to the ongoing congressional hearings, investigations, and widespread public concern regarding the January 6, 2021, events. The requested records pertain to national security, public safety, and the transparency of federal agency operations. As established in Al-Fayed v. CIA, 254 F.3d 300 (D.C. Cir. 2001), FOIA requests addressing compelling public interest deserve expedited processing.

Segregability of Non-Exempt Portions

If any portion of the requested records is deemed exempt from disclosure, I request the release of all reasonably segregable non-exempt portions, as required by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973). Agencies must provide detailed justifications for withheld information, including an exemption log.

Preservation of Records

Please note your legal obligation to preserve all potentially responsive records. Any destruction of such records without proper justification constitutes a violation of FOIA’s statutory requirements.

Fee Waiver Request

As an independent investigative journalist with Transparency Report, I request a waiver of all fees associated with this request under 5 U.S.C. § 552(a)(4)(A)(iii). Disclosure of the requested information serves the public interest by significantly enhancing public understanding of government operations during a historic and critical event. This request is not for commercial use.

Legal Basis: Cause of Action v. FTC, 799 F.3d 1108 (D.C. Cir. 2015), supports the granting of fee waivers for requests that contribute to public understanding of significant governmental actions.

If a fee waiver is denied, I agree to pay up to $200 for processing fees and request prior notification if costs exceed this amount.

Expedited Processing Request

I request expedited processing under 5 U.S.C. § 552(a)(6)(E), as this request pertains to an issue of significant and continuing public interest involving national security, public safety, and government accountability.

Response Format and Timeline

Please provide the requested records in electronic format where possible. As stipulated by FOIA, I look forward to your response within twenty business days. If any part of this request is unclear, please contact me at Jordan@Lassiter.eu for clarification.

Thank you for your attention to this matter.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
Transparency Report

Enclosure: Fee Waiver Request Letter