The Justice Department has made a commitment to not publicly disclose the identities of any FBI agents whose actions are currently under scrutiny. This decision comes as part of the ongoing examination by former President Donald Trump’s administration regarding the investigations into the January 6, 2021, assault on the U.S. Capitol by his supporters, as stated in a court document released on Friday.
On Tuesday, lawyers representing FBI personnel initiated two lawsuits aimed at halting the collection and potential sharing of agents’ names. There is considerable concern among FBI members that the Justice Department might use these names to consider mass dismissals. Trump seemingly entertained the notion of firing agents involved in the January 6 probes during a Friday press briefing, asserting that he would terminate certain agents due to alleged corruption, stating that such actions would be executed swiftly and methodically. It is important to note, however, that no evidence has emerged suggesting that any FBI agents or attorneys involved in the investigations acted improperly.
In response to fears about personal safety if their identities are disclosed, attorneys for FBI agents requested U.S. District Judge Jia Cobb to implement a temporary order preventing the federal government from publicly naming them. A hearing on this matter began on Thursday and was scheduled to continue into Friday, but government lawyers requested the judge to halt proceedings and endorse their agreement instead.
In the recent court document, the Justice Department affirmed its intention not to make the list of agents public, neither directly nor indirectly, until the judge has ruled on the substance of the lawsuits. Thousands of FBI staff members engaged in the January 6 investigations were instructed to complete detailed questionnaires. In response, the FBI provided Justice Department officials with personnel information about numerous agents.
Initially, these FBI agents were identified by their employee numbers rather than names. However, according to the latest court filing, the FBI later submitted documentation that matched those employee numbers with their respective names.
Lawyers from the Justice Department and representatives for the FBI agents convened for several hours in and out of Cobb’s courtroom on Thursday but were unable to reach an agreement by day’s end. The Justice Department has set a deadline for the FBI to supply a complete list of all current and past agents involved in January 6 criminal cases, to evaluate any necessary disciplinary actions. The lawyers for the FBI agents emphasized that revealing their identities could expose them to harassment and threats.
Representatives for the FBI agents stated that if their names were made public, it would lead to irreparable damage. They highlighted incidents where names of employees from other federal agencies have already circulated on social media, making them targets for online abuse. “The risk to these agents is horrendous,” asserted plaintiffs’ attorney Norman Eisen.
In its filing, the government contended that the request from the plaintiffs for a temporary restraining order was based solely on conjecture. “Plaintiffs can point to nothing that suggests the Government intends to make public the list in this case,” they wrote, emphasizing that the Department and FBI management have consistently communicated that the purpose behind the list is for an internal review, not to expose dedicated agents to public ridicule.
In a memo dated Wednesday, acting Deputy Attorney General Emil Bove assured that agents who acted ethically while fulfilling their duties related to the Capitol investigation would not face termination. However, the memo did not provide similar assurances for agents found to have acted with wrongful or biased intentions.
