FBI warns of QAnon members' plans to impersonate National Guard on inauguration day to access Capitol
An intelligence report from the Federal Bureau of Investigation (FBI) sent to law enforcement warned that followers of the fringe conspiracy theory group, QAnon, discussed posing as National Guard members to infiltrate Inauguration Day activities in Washington DC. The report was obtained by The Washington Post and also included warnings of "lone wolves." Some QAnon followers and others who were present at the January 6 riot at the US Capitol had indicated that they planned to go to DC for the inauguration.
In the report, the FBI noted that it observed people downloading and sharing maps of locations in the District and discussed how they could be used to interfere in security. The briefing did not identify specific plots to attack the inauguration that would be similar to the failed armed insurrection attempt at the Capitol.
The Hill reported that a spokesperson for the Secret Service said the agency took "all threats seriously and will continue to work with our federal, state, local and military partners to continue securing the 59th Inauguration based on the relevant intelligence available to the security community.” The remarks made by FBI Director Christopher Wray the previous week were also referenced in the report. Wray had said, "We’re monitoring all incoming leads, whether they’re calls for armed protest, potential threats that grow out of the January 6 breach of the Capitol, or other kinds of potential threats leading up to inaugural events and in various other targets. So we’re latched up with all of our partners in that regard."
Is it illegal to impersonate a National Guard?
The short answer is yes. It is illegal to falsely represent themself to be a member or veteran of the United States Armed Forces, Armed Forces Reserves, or National Guard by wearing the uniform or any medal or insignia authorized for use by the members or veterans of the United States Armed Forces, Armed Forces Reserves, or National Guard by federal or state law or regulation and obtain any services through such false representation. Those who violate this will be charged with a Class I misdemeanor in most states.
The Stolen Valor Act of 2013 makes it illegal to impersonate a member of the military for any form of material personal gains. It is also illegal under federal law to falsely claim military honors.
There are certain exceptions, however, the most notable being that Section 772 (f) of the Act allows the uniform to be worn in a theatrical production. The strict definition of "theatrical production" is not clear, with the Supreme Court assigning a very liberal definition in the 1970 case, Schacht v. the United States. During the case, the Supreme Court also struck out as unconstitutional the prohibition and that the portrayal did not intend to discredit the military.
Past occurrences
The most notable recent occurrence of a civilian donning the National Guard's uniform came in June 2020 when Edward Wong, 31 years old, was arrested for posing as a member of the National Guard in Los Angeles and for carrying two guns, including an assault rifle that was "loaded to the max."