FBI agents involved in the Jan. 6 Capital riot investigations have filed lawsuits against the Justice Department, challenging its efforts to survey and identify personnel who participated in high-profile inquiries such as the riot and handling of classified documents at Mar-a-logo.
The lawsuits followed a directive issued by the acting Attorney General Emil Bove, who previously requested the termination of certain FBI employees citing a lack of trust and alignment with Trump’s agenda and the newly signed executive order “Ending the Weaponization of the Federal Government” resulting in the FBI sending the DOJ details of over 5,000 employees, including identification numbers, job titles, and roles they held during the investigations. Agents involved in two separate lawsuits expressed concern that the actions could lead to mass firings, retaliatory actions, or even potential threats and harassment.
The FBI Agents Association, a non-profit organization that supports and protects both current and retired FBI agents, represents one group.
FBIAA President Natalie Bara and attorney Chris Mattei held a virtual press conference to discuss the legal action they are taking to prevent the DOJ from releasing the names of FBI employees involved in the Jan. 6 investigations. Bara noted that releasing the names could endanger agents and their families.
“Let me give you just one example of what this means in real terms. One of our Agents recently spent hours recovering body parts from the Potomac River, working through the gruesome reality of the recent tragic plane crash. This agent had to return to the office – not to debrief, not to work on cases, but to fill out a mandatory survey on any involvement in investigations related to January 6th,” said Bara.
She continued, “This is the reality for our Agents today – they are being scrutinized, placed on lists, and facing the possibility of losing their jobs. And now, the Justice Department’s actions could put a target on their backs.”
FBIAA argues that disclosing this information violates the agent’s rights under the First Amendment, the Privacy Act of 1974, and the due process protections and seeks to protect agents from threats while ensuring they can perform their duties without fear of retaliation and an immediate halt to collecting and potentially disseminating their names.
The second lawsuit, a class action filed by nine FBI agents, alleges that Acting Attorney General James McHenry and other top DOJ officials are engaging in politically motivated retribution.
The lawsuit states, “plaintiffs reasonably believe and fear that the information gathered in the survey will also be used to target them for retaliatory discharge due to the Trump administration’s perception of their loyalties. Donald Trump has made repeated public pronouncements of his intent to exact revenge upon persons he perceives to be disloyal to him by simply executing their duties in investigating acts incited by him and persons loyal to him.”
The agents are claiming that the DOJ is using internal surveys to identify and potentially penalize agents who participated in investigations related to the Capitol riot and classified information involving President Donald Trump.
The lawsuit stated, “Mr. Trump repeatedly stated that he would personify “the vengeance” or “the retribution,” for those whom he called “political hostages,” for their actions during the Jan. 6 attack.”
The plaintiffs also claim that some of their personal information has already been shared on dark web platforms by convicted Jan. 6 rioters and argue DOJ’s effort to compile a list of personnel involved in cases that angered Trump is retaliatory and intended to intimidate FBI personnel.
In a joint letter to Congress, former FBI Director William Webster and law enforcement associations expressed concerns that recent actions by the acting Department of Justice officials threaten the careers of thousands of FBI Agents and risk disturbing the Bureau’s essential work.
Kash Patel, Trump’s pick for Director of the FBI denied knowledge of retribution against agents involved in Trump-related investigations and pledged to restore trust in the bureau but has not publicly commented on the lawsuits against the DOJ.
The DOJ generally does not publicly comment on lawsuits.
