Questions about the response of some U.S. Capitol police officers during the riots still linger. News4’s Jodie Fleischer has the latest details about the ongoing investigations into some officers actions.
Two U.S. Capitol Police officers are suspended and 10 to 15 more are under investigation for their response to the riot two weeks ago, but Federal Law Enforcement Officers Association President Larry Cosme is warning the public not to judge the officers' actions too quickly.
"When you're under attack, you think differently," he told the News4 I-Team, pointing out that the officers at the Capitol building were outnumbered and basically under siege on Jan. 6.
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Cosme believes that dynamic affected how officers behaved toward the rioters, without necessarily meaning they agreed with them. The FLEOA represents federal officers around the country, including many members of the Capitol Police force.
"What occurred should have never happened, and every individual responsible for that should be charged," Cosme said.
But he believes it's unlikely federal officers assisted rioters intentionally. He is not part of the investigation but says he's hearing explanations from some of the men and women his organization represents.
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"Some of those officers that did wear the MAGA hats, they were doing that as diversionary tactic to lure these individuals to another area of the Capitol," said Cosme.
Andrew Harnik/AP
Capitol police stand with guns drawn near a barricaded door as protesters try to break into the House Chamber at the Capitol, Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
Kevin Dietsch/UPI/Bloomberg via Getty Images
U.S. Capitol police officers take positions as demonstrators enter the U.S. Capitol during a protest in Washington, DC, on Wednesday, Jan. 6, 2021.
(Photo by Win McNamee/Getty Images)
A protester is seen hanging from the balcony in the Senate Chamber on Jan. 6, 2021 in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol’s Rotunda as reported tear gas smoke fills a corridor on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
US Capitol police officers try to stop supporters of US President Donald Trump to enter the Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump roam under the Capitol Rotunda after invading the Capitol building on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
US Capitol police officers try to stop supporters of US President Donald Trump to enter the Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump enter the US Capitol on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump confront Capitol police officers enter the US Capitol on Jan. 6, 2021, in Washington, DC.
Photo by SAUL LOEB/AFP via Getty Images
Supporters of US President Donald Trump roam under the Capitol Rotunda after invading the Capitol building on January 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by Saul LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images)
(Photo by OLIVIER DOULIERY/AFP via Getty Images)
Police hold back supporters of US President Donald Trump as they gather outside the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
Win McNamee/Getty Images
Protesters gather inside the U.S. Capitol Building on Jan. 6, 2021, in Washington, DC.
(Photo by Win McNamee/Getty Images)
A protester is seen inside the US Capitol Building on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
A supporter of US President Donald Trump sits at a desk after invading the Capitol Building on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump protest in the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump protest in the US Capitol’s Rotunda on Jan. 6, 2021, in Washington, DC.
Andrew Harnik/AP
Capitol police try to hold back protesters outside the east doors to the House side of the Capitol in Washington, DC, Jan. 6, 2021.
J. Scott Applewhite/AP
House of Representatives members leave the floor of the House chamber as protesters try to break into the chamber at the U.S. Capitol on Wednesday, Jan. 6, 2021, in Washington, DC.
Andrew Harnik/AP
People shelter in the House gallery as protesters try to break into the House Chamber at the Capitol, Jan. 6, 2021, in Washington, DC.
WASHINGTON, DC – JANUARY 06: Protesters interact with Capitol Police inside the U.S. Capitol Building on January 06, 2021 in Washington, DC. Congress held a joint session today to ratify President-elect Joe Biden’s 306-232 Electoral College win over President Donald Trump. A group of Republican senators said they would reject the Electoral College votes of several states unless Congress appointed a commission to audit the election results. (Photo by Win McNamee/Getty Images)
TOPSHOT – Damage is seen inside the US Capitol building early on January 7, 2021 in Washington, DC, after supporters of US President Donald Trump breeched security and entered the building during a session of Congress. – Donald Trump’s supporters stormed a session of Congress held today, January 6, to certify Joe Biden’s election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup. (Photo by Olivier DOULIERY / AFP) (Photo by OLIVIER DOULIERY/AFP via Getty Images)
(Photo by Jon Cherry/Getty Images)
WASHINGTON, DC – JANUARY 06: Two members of a pro-Trump mob look out through a broken window from inside the Capitol Building after breaking into it on January 6, 2021 in Washington, DC. A pro-Trump mob stormed the Capitol, breaking windows and clashing with police officers. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election. (Photo by Jon Cherry/Getty Images)
(Photo by Jon Cherry/Getty Images)
WASHINGTON, DC – JANUARY 06: A member of a pro-Trump mob screams out at the crowd from the inside of the Capitol Building after breaking into it on January 6, 2021 in Washington, DC. A pro-Trump mob stormed the Capitol, breaking windows and clashing with police officers. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election. (Photo by Jon Cherry/Getty Images)
(Photo by Jon Cherry/Getty Images)
WASHINGTON, DC – JANUARY 06: A member of a pro-Trump mob shatters a window with his fist from inside the Capitol Building after breaking into it on January 6, 2021 in Washington, DC. A pro-Trump mob stormed the Capitol, breaking windows and clashing with police officers. Trump supporters gathered in the nation’s capital today to protest the ratification of President-elect Joe Biden’s Electoral College victory over President Trump in the 2020 election. (Photo by Jon Cherry/Getty Images)
AP Photo/Manuel Balce Ceneta
Supporters of President Donald Trump are confronted by Capitol Police officers outside the Senate Chamber inside the Capitol, Wednesday, Jan. 6, 2021 in Washington. (AP Photo/Manuel Balce Ceneta)
(Photo by SAUL LOEB/AFP via Getty Images)
Supporters of US President Donald Trump sit inside the office of US Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP)
(Photo by SAUL LOEB/AFP via Getty Images)
A supporter of US President Donald Trump sits inside the office of US Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP)
(Photo by SAUL LOEB/AFP via Getty Images)
A supporter of US President Donald Trump sits inside the office of Speaker of the House Nancy Pelosi as he protest inside the US Capitol in Washington, DC, January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by SAUL LOEB / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Trump supporters clash with police and security forces as they gather inside the US Capitol in Washington, DC on January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Trump supporters clash with police and security forces as they gather inside the US Capitol in Washington, DC on January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Trump supporters clash with police and security forces as they gather inside the US Capitol in Washington, DC on January 6, 2021. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo by ROBERTO SCHMIDT/AFP via Getty Images)
Supporters of US President Donald Trump protest inside the US Capitol on January 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
Roberto Schmidt/AFP via Getty Images
Supporters of US President Donald Trump protest inside the US Capitol on Jan. 6, 2021, in Washington, DC. – Demonstrators breeched security and entered the Capitol as Congress debated the a 2020 presidential election Electoral Vote Certification. (Photo by ROBERTO SCHMIDT / AFP)
(Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
UNITED STATES – JANUARY 6: A U.S. Capitol Police officer maces a Trump rioter who broke through a window on the first floor of the Capitol on Wednesday, Jan. 6, 2021. (Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
(Photo by OLIVIER DOULIERY/AFP via Getty Images)
A Congress staffer holds his hands up while Capitol Police Swat team check everyone in the room as they secure the floor of Trump suporters in Washington, CD on January 6, 2021. – Donald Trump’s supporters stormed a session of Congress held today, January 6, to certify Joe Biden’s election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup. (Photo by Olivier DOULIERY / AFP)
(Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
UNITED STATES – JANUARY 6: A U.S. Capitol Police officer is treated for injuries on the first floor of the Capitol on Wednesday, Jan. 6, 2021. (Photo By Caroline Brehman/CQ-Roll Call, Inc via Getty Images)
(Photo by OLIVIER DOULIERY/AFP via Getty Images)
A Capitol Police Swat team member patrols the US Capitol in Washington, CD on January 6, 2021. – Donald Trump’s supporters stormed a session of Congress held today, January 6, to certify Joe Biden’s election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup. (Photo by Olivier DOULIERY / AFP)
Photographer: Ting Shen/Bloomberg via Getty Images
A members of the U.S. Capitol Police responds to demonstrators at the U.S. Capitol in Washington, D.C., U.S. on Wednesday, Jan. 6, 2021. The U.S. Capitol was placed under lockdown and Vice President Mike Pence left the floor of Congress as hundreds of protesters swarmed past barricades surrounding the building where lawmakers were debating Joe Biden’s victory in the Electoral College. Photographer: Ting Shen/Bloomberg via Getty Images
Photographer: Ting Shen/Bloomberg via Getty Images
Members of the U.S. Capitol Police respond to the demonstrators at the U.S. Capitol in Washington, D.C., U.S. on Wednesday, Jan. 6, 2021. The U.S. Capitol was placed under lockdown and Vice President Mike Pence left the floor of Congress as hundreds of protesters swarmed past barricades surrounding the building where lawmakers were debating Joe Biden’s victory in the Electoral College. Photographer: Ting Shen/Bloomberg via Getty Images
He says simply getting out of the way, watching rioters destroy property or even posing for a selfie might have been for self-preservation.
Videos posted on social media by the rioters themselves are the best evidence investigators have in piecing together how Capitol Police officers behaved while the building was under attack. There are also surveillance videos and accounts from fellow officers.
The acting Capitol Police Chief said in a statement that the department has been reviewing the actions of officers who appear to be in violation of regulations and policies and they could face disciplinary action up to, and including, termination.
Some members of Congress have questioned whether officers helped rioters navigate the building, since they located hard-to-find offices of key leaders within minutes.
In a new letter to House leadership, two dozen representatives have urged the formation of an independent bipartisan commission to investigate the federal government's "failure to appropriately respond to and prevent domestic terrorism and violent extremism."
The letter specifically asks "what mechanisms are in place to monitor whether federal law enforcement officers have alliances with violent extremist groups and how can their effectiveness be improved."
"It's alarming, it's disturbing, but it's not surprising," said Lynda Garcia, who runs the policing program at the Leadership Conference on Civil and Human Rights.
"There have been a lot of MAGA ties with law enforcement," Garcia said. "We also know that white nationalists have infiltrated law enforcement over the last several years."
Officers' tactical and combat training makes them a known target for recruitment by extremist groups. Garcia says there should be a zero-tolerance policy including officers' actions at the Capitol.
"You can't deliver fair and impartial policing when you're harboring those ideals," Garcia said. "It absolutely needs to be looked into, investigated and addressed."
Cosme says federal officers are reinvestigated every five years, including a financial examination and interviews with family, friends or neighbors.
"That's actually one of the questions — if you have an allegiance to an organization that's going to overthrow the U.S. government," said Cosme.
He points out that all of the officers charged thus far have been from local departments, where budgets are smaller and policies might not require those extensive checks after the initial hiring process.
As for the Capitol Police officers under investigation, he's reserving judgment.
"I think the majority of these are probably going to be centered in a disciplinary setting, and I believe that they will get their due process rights and they will be cleared at the end," Cosme said.
Reported by Jodie Fleischer, produced by Rick Yarborough, and shot and edited by Jeff Piper.
