FBI agents involved in investigations concerning President Donald Trump have initiated legal action against the Justice Department, claiming that an effort to compile a list of employees linked to these inquiries could lead to mass terminations.
Two separate lawsuits were filed on Tuesday in the U.S. District Court in Washington, aiming to halt the collection and possible release of the identities of agents who investigated the January 6, 2021, Capitol insurrection, alongside Trump’s alleged mishandling of classified documents at his Mar-a-Lago estate in Florida.
The lawsuits add to a growing conflict that became highly publicized on Friday when it was revealed the Justice Department requested the FBI provide the names, job titles, and offices of all personnel connected to the January 6 investigations, presumably to determine whether any personnel actions were appropriate. Over the weekend, dozens of FBI employees were requested to fill out comprehensive questionnaires regarding their involvement in these investigations, raising concerns that this could lead to dismissals.
While the FBI did comply with the Justice Department’s inquiry, they provided information regarding several thousand employees using their unique identifier codes rather than their names, as disclosed by an anonymous source familiar with the situation.
This increased scrutiny of career agents is notable because typically, lower-level FBI agents do not choose the cases they investigate and rarely face disciplinary action for participating in politically sensitive cases. Moreover, there has been no evidence of misconduct by any agents involved in these investigations.
Trump’s animosity towards the FBI and the Justice Department has been longstanding. During his presidency, he was embroiled in investigations related to alleged connections between his 2016 campaign and Russia. After leaving office, he faced additional criminal inquiries concerning his attempts to overturn the 2020 election and his retention of classified documents, both of which led to indictments that were later dismissed when he won the presidency again in November.
The agents involved in the lawsuits are listed anonymously and referred to as “John and Jane Does.” They claim they were instructed on Sunday to either complete surveys about their roles in the January 6 or Mar-a-Lago investigations themselves or have their supervisors do it for them, with the understanding that their responses would be sent up the chain of command. One lawsuit represents nine employees but indicates the group of plaintiffs could expand to include “at least 6,000 current and former” FBI personnel.
The complaint alleges that the primary purpose of creating this list is to target agents for termination or other negative employment effects. The agents express concern that parts of this list could be disclosed by supporters of President Trump, potentially putting them and their families at risk from individuals recently pardoned or convicted in relation to the January 6 events.
Additionally, the lawsuit points out Trump’s campaign rhetoric about pursuing “vengeance” or “retribution” against those he deems “political hostages” due to their actions surrounding the January 6 incident.
The agents argue that the compilation of personnel involved in investigations perceived as antagonistic to Trump constitutes a retaliatory act meant to intimidate and deter agents from exposing future wrongdoing related to Trump or his associates. They assert this systematic approach mirrors the recent dismissal of prosecutors from special counsel Jack Smith’s team as evidence of the retributive intention behind the list creation.
They further state that Trump’s public promises of revenge against those he considers disloyal reflect a belief that agents involved in the investigations of the January 6 incident and the Mar-a-Lago case were not politically aligned enough with his administration to retain their positions.
Another faction of agents filed a second lawsuit, arguing that the public disclosure of their names would expose them to severe threats and harassment. This lawsuit includes a screenshot of a social media comment from the former leader of the Proud Boys organization, Enrique Tarrio, calling for the arrest of an FBI agent who testified in his January 6 case following his recent pardon from Trump.
Legal representatives argue that the potential exposure of agents’ identities marks the onset of an unlawful purge driven by the political vendettas of the Trump administration. Legal counsel from the FBI Agents Association, Chris Mattei, stated that revealing these identities would likely result in widespread harassment for the agents and their families, emphasizing the need for immediate legal intervention.
The lawsuit, which also involves the nonpartisan State Democracy Defenders Fund, seeks a temporary restraining order to prevent the FBI and Justice Department from disclosing the names. Renowned attorney Mark Zaid, known for representing government officials, is also assisting with this case.
A spokesperson for the Justice Department opted not to provide any comments on the ongoing situation.
FBI personnel file lawsuit against Justice Department for attempts to identify staff linked to Trump investigations.
