WASHINGTON — A senior official at the Justice Department raised alarms about “insubordination” within the FBI’s interim leadership in a memo issued on Wednesday, aiming to alleviate fears among agents regarding a potential sweeping dismissal of personnel involved in the investigation of the January 6 riot at the U.S. Capitol.
In the memo, acting Deputy Attorney General Emil Bove stated that agents who “merely followed orders and conducted their responsibilities ethically” in the investigations surrounding the Capitol incident would not face the threat of termination.
However, the memo did not offer any guarantees for agents who might have “acted with corrupt or partisan intent.” It hinted that such individuals, if identified, could be subjected to disciplinary actions, or even termination, as the Trump administration initiates an extraordinary review process aimed at uncovering supposed misconduct.
The level of scrutiny directed at career FBI agents by the Justice Department is uncommon, especially as these agents typically do not select the cases they work on and are rarely disciplined for involvement in politically sensitive matters. Additionally, there has been no evidence suggesting that any FBI agents or attorneys involved in these investigations acted improperly.
Bove’s message was intended to provide much-needed clarity after a few tumultuous days at the bureau, prompted by a significant demand from the Justice Department for the names of agents involved in the investigations, which was interpreted by many as a precursor to widespread firings.
This alarming request comes amid other actions taken against members of special counsel Jack Smith’s team, who investigated Donald Trump, as well as reassignments and firings of senior career officials within the Justice Department concerning January 6 cases, which further escalated concerns among FBI staff.
Trump and his Republican supporters have long asserted that the Justice Department under President Joe Biden has been weaponized against conservatives, focusing particularly on prosecutions tied to the events of January 6, 2021. On the first day of his second term, Trump granted broad clemency in the form of pardons and sentence reductions to over 1,500 individuals who participated in the Capitol riot.
Further heightening tensions, thousands of FBI agents who played roles in the January 6 investigations were required to complete detailed questionnaires regarding their participation over the weekend, as the Trump administration evaluates potential disciplinary measures.
In response, two lawsuits were filed by FBI employees on Tuesday, aiming to stop the collection and potential release of the names of investigators. A court hearing is set for Thursday.
In his memo, Bove accused the acting leadership of the FBI of “insubordination” for resisting his requests made the previous week to identify those primarily responsible for the January 6 investigations. He indicated that these requests were intended to allow the Justice Department to review the conduct of these agents in accordance with Trump’s executive order addressing alleged “weaponization” within the current administration.
Following acting Director Brian Driscoll’s refusal to comply, Bove expanded the request to include information on all FBI employees involved in the investigations. The FBI subsequently provided personnel information about several thousand agents, identified by unique employee numbers instead of names.
Bove, who had previously been part of Trump’s legal defense in related criminal cases, emphatically stated, “Let me be clear. No FBI employee who simply followed orders and carried out their duties ethically in relation to the January 6 investigations is at risk of termination or other penalties.”
However, he cautioned, “The only individuals who should be concerned about the process initiated by my January 31, 2025 memo are those who acted with corrupt or partisan intent, blatantly defied orders from Department leadership, or chose to weaponize the FBI.”
