Two groups of FBI agents involved in investigating cases related to the Jan. 6, 2021, attack on the U.S. Capitol and the classified documents case against President Trump sued the Justice Department Tuesday, alleging attempted retaliation for their roles.
In one lawsuit’s complaint, nine FBI agents say that a mandatory survey sent to agents “is to identify agents and other FBI personnel to be terminated as a form of politically motivated retribution.” The suit was filed in D.C.’s federal district court.
“Plaintiffs assert that the purpose for this list is to identify agents to be terminated or to suffer other adverse employment action,” the complaint states. “Plaintiffs reasonably fear that all or parts of this list might be published by allies of President Trump, thus placing themselves and their families in immediate danger of retribution by the now pardoned and at-large Jan. 6 convicted felons.”
The agents say they were told they were “likely to be terminated in the very near future” for their work on the Jan. 6 and Mar-a-Lago cases, the lawsuit states.
The class-action lawsuit says it represents current and former FBI agents and employees who “participated in some manner in the investigation and prosecution of crimes and abuses of power by Donald Trump.”
The unnamed agents, represented by attorneys Pamela Keith and Scott Lempert, filed the suit and included screenshots of a three-page survey the agents were asked to fill out by senior Justice Department officials about the extent of their involvement in the Jan. 6 cases.
Respondents were asked what role they played in the cases, such as acting as an agent, providing management support or collecting online data.
The questionnaire also asks if the employee made any arrests, conducted interviews, participated in search warrants, testified in court or appeared before a grand jury.
The second suit includes seven unidentified FBI agents and the FBI Agents Association (FBIAA) as plaintiffs, who are represented by lawyers Mark Zaid and Norman Eisen.
The complaint calls on the court for “protection” from the Justice Department’s “anticipated retaliatory decision to expose their personal information for opprobrium and potential vigilante action by those who they were investigating.”
FBI senior leadership is in open rebellion against the Justice Department after bureau acting Director Brian Driscoll refused to deliver names and details of FBI personnel who investigated cases related to the Jan. 6, 2021 Capitol attack to acting Deputy Attorney General Emil Bove.
Following Mr. Driscoll’s act of defiance towards Mr. Bove on Friday, New York Special Agent in Charge James E. Dennehy lauded Mr. Driscoll’s actions in an e-mail to FBI employees at the New York City field office.
“Today, we find ourselves in the middle of a battle of our own, as good people are being walked out of the F.B.I. and others are being targeted because they did their jobs in accordance with the law and F.B.I. policy,” Mr. Dennehy said.
Mr. Dennehy described Mr. Driscoll and acting Deputy Director Robert C. Kissane as “warriors,” who resisted the firings of F.B.I. employees.
The New York field office is the largest among all the bureau’s 55 offices throughout the country, representing 10% of the FBI’s employees. Among the 2,000 agents, support staff and task force members, 1,100 are agents and 500 are task force officers.
The FBIAA; Judge William Webster, former director of the FBI and former director of CIA; the Federal Law Enforcement Officers Association and the Society of Former Special Agents of the FBI also sent a joint letter to Republican and Democratic congressional leadership in both chambers to “work with President Trump to prevent acting officials from taking personnel actions that undermine our shared goal of keeping the FBI out of politics.”
“It is imperative that FBI Special Agents can continue their critical work, free from fear of retaliation, and focused on safeguarding our nation,” the letter stated.
The FBIAA has sent its members an email, reviewed by The Washington Times, saying the organization has legal teams available “in the event of termination or adverse action.”
“These lawyers are not cold calling employees. We will be managing the network and connecting our members with attorneys through the FBIAA office,” the email said.
Garret O’Boyle, an FBI whistleblower whose clearance was suspended during the Biden administration and became part of a group of suspended FBI whistleblowers calling themselves the “suspendables,” said on X that the FBIAA and other FBI agents’ organizations are not honest actors because they did not stand up for FBI agents whose jobs were threatened when agents refused to take the mandated COVID vaccine shot.
“Primary example of how you know these groups are not honest actors. On 09/24/2021, the FBIAA sent an email which said in part, ‘We believe there is more value in reasonable discussions about how policy is formed and implemented than sending out press releases that will clearly be a distraction,’” Mr. O’Boyle wrote.
“There were thousands of employees who were already threatened with being removed from federal service over Joe Biden’s illegal vax mandate,” he said. “They also said, ‘Likely failure speaks to our decision to not pursue litigation.’ Yet, litigation was later successful. Like the FBI, these groups are subversive marxists.”
Mr. O’Boyle said no one has been removed or threatened to be removed yet because of the Jan. 6 survey, but FBI-allied organizations are doing the “polar opposite” of what they did during the Covid vaccine mandate.
“They are putting out numerous press releases, letters, emails, etc., publicly and threatening legal action,” he said. “They are not honest actors and their access should be cut off.”
The Washington Times reached out to The FBIAA for comment.
• Kerry Picket can be reached at kpicket@washingtontimes.com.