FBI agents engaged in investigations tied to former President Donald Trump have initiated legal action against the Justice Department, expressing concerns that an ongoing effort to compile a list of employees involved in these inquiries may signal impending job terminations.
On Tuesday, two separate lawsuits were filed in a federal court in Washington by anonymous agents, seeking an immediate cessation of the collection and potential dissemination of names related to the investigation of the January 6, 2021, Capitol riot. According to one of the suits, agents have been instructed to participate in surveys reflecting their involvement in the inquiry concerning Trump’s alleged mishandling of classified documents at his Florida estate, Mar-a-Lago.
This move represents a significant escalation in a contentious situation that came to light on Friday when it was revealed that the Justice Department had requested from the FBI a comprehensive list indicating the names, offices, and job titles of all personnel who were involved in the January 6 investigations. The intention was to assess if any personnel action was warranted. Over the weekend, thousands of FBI agents were also asked to complete an extensive questionnaire about their roles in these investigations, raising fears of possible firings.
In response to the Justice Department’s request, the FBI reportedly submitted personnel details for several thousand employees but did so using unique identifier codes rather than their actual names, as stated by a source familiar with the situation who requested anonymity due to the sensitivity of the matter.
The risk of disciplinary actions, including demotions or terminations, has disturbed many within the FBI. As Natalie Bara, president of the FBI Agents Association, noted, an agent recently had to interrupt crucial recovery efforts following a tragic plane crash to fill out a mandatory survey regarding investigations linked to January 6, rather than focus on casework.
The unusual scrutiny faced by career agents is particularly concerning given that these employees typically do not choose their cases and, historically, have not faced disciplinary measures for involvement in politically sensitive cases. There also exists no evidence that any FBI agents or attorneys involved in these investigations acted inappropriately.
Trump has often criticized the FBI and the Justice Department dating back to his first term, attempting to exert influence over federal law enforcement. Investigations during his presidency sought to uncover possible connections between his campaign and Russia, while later inquiries focused on his endeavors to overturn the 2020 election results and his retention of classified documents. These efforts have culminated in charges that were dismissed when he regained the presidency.
The agents filing the lawsuits remain anonymous, referred to as “John and Jane Does.” Their legal actions assert they were instructed to complete surveys about their roles in the investigations or risk having their supervisors fill them out, with the findings intended for upper management review. The lawsuits represent nine employees but potentially encompass at least 6,000 current and former FBI staff.
The filings allege that the list being compiled aims to identify agents for termination or other adverse actions, raising concerns among the plaintiffs that publication of such information could endanger themselves and their families, especially given Trump’s previous remarks calling for retribution against those he viewed as political adversaries.
Furthermore, the lawsuits suggest that the endeavor to generate this list has retaliatory implications, designed to intimidate agents and deter them from reporting future misconduct involving Trump or his associates. The Justice Department’s recent dismissal of prosecutors involved in Special Counsel Jack Smith’s investigation into Trump adds to this assertion.
The agents stress that Trump has frequently made public statements indicating his desire for vengeance against those he deems disloyal for fulfilling their roles in investigating activities related to him.
In a parallel lawsuit, another group of agents argues that publicizing their names could expose them to threats and harassment. They included evidence, such as a social media post from former Proud Boys leader Enrique Tarrio, demanding the arrest of an agent connected to his January 6 case following his pardon from Trump.
One attorney representing the aggrieved agents stated that the potential disclosure appears to be a precursor to an unlawful purge motivated by the Trump administration’s vindictive objectives. The lawsuits seek a temporary restraining order to prevent the Justice Department from releasing the names on the contentious list. Additional legal representatives include notable Washington attorney Mark Zaid, experienced in advocating for government officials.
The Justice Department has opted not to comment on this evolving situation.
