By Michael German and Kaylana Mueller-Hsia

The failure of the Federal Bureau of Investigation (FBI) and other law enforcement agencies to anticipate and prepare for the January 6, 2021, attack on the U.S. Capitol by far-right insurrectionists has elicited proposals to expand the bureau’s authority to investigate domestic terrorism.1 The FBI already received expansive new powers after the 9/11 terrorist attacks, and its current guidelines place few limits on agents’ ability to search broadly for potential threats. Confusion about the current scope of the bureau’s powers is understandable, however, as FBI leaders have regularly misstated their authorities in public testimony.2 These misstatements deflect FBI accountability by focusing overseers on filling perceived gaps in its authority rather than examining how the bureau uses, misuses, or fails to use the tools it already has.

New York: Brennan Center for Justice, 2022. 21p.