Last Updated on February 10, 2025
Two groups of FBI agents have taken legal action involving the January 6 investigations and criminal investigations related to President Donald Trump. They have filed class action lawsuits against the Department of Justice (DOJ) leadership to prevent the assembly of lists of agents they fear may be targeted in a retaliation scheme.
In these lawsuits, nine FBI agents, who remain anonymous, argue that revealing their identities and linking them to cases such as January 6 and Mar-a-Lago constitutes an unlawful and retaliatory act. They claim that such actions violate their rights under the First Amendment, the federal Privacy Act, and civil service protections as established by federal law.
Those agents initiating the lawsuits in federal court in Washington state that they believe the DOJ, under the Trump administration, plans to publicly disclose their identities. They express concerns that this exposure could make them vulnerable to threats and harassment, hence their decision to take legal action.
One of the complaints was brought by the FBI Agents Association, a voluntary professional association representing more than 14,000 active and retired FBI agents, are seeking immediate injunctive relief to block any public release of information about their role in the Jan. 6 investigation
FBIAA references in the lawsuit calls by Proud Boys leader Enrique Tarrio to shame FBI agents involved in his seditious conspiracy prosecution related to January 6. Tarrio received a presidential pardon along with nearly 1600 individuals who were prosecuted after attending the Save America rally on January 6, 2021. He was not in Washington DC during the riot and was sentenced to 22 years in prison after the FBI planted evidence to entrap the group.
“This bell cannot be unrung, and once the Plaintiff’s personal information is released it will be eternally available on social media,” lawyers representing the unnamed agents argue in the lawsuit.
Plaintiffs on the second lawsuit filed by the Center for Employment Justice featured screenshots of a three-page survey they contend DOJ leadership will use to identify thousands of agents who worked on the politically motivated cases.
“Some Plaintiffs were required to fill out the survey themselves, others were told that their supervisors would be filling out the form,” the lawsuit states, noting that the employees “were informed that the aggregated information is going to be forwarded to upper management.”
“Plaintiffs assert that the purpose for this list is to identify agents to be terminated or to suffer other adverse employment action. 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,” they argue.
“Plaintiffs legitimately fear that the information being compiled will be accessed by persons who are not authorized to have access to it. Plaintiffs further assert that even if they are not targeted for termination, they may face other retaliatory acts such as demotion, denial of job opportunities or denial of promotions in the future.”
FBIAA contends the survey in question “does not afford them any opportunity to defend their honor or reputation, and does not give them an opportunity to challenge any perceptions regarding the propriety of their actions,” and is a violation of the agents’ due process rights.
The Justice Department was slated on Tuesday to identify all its personnel who worked on Jan. 6-related cases or investigations. FBI leaders who engaged in investigating President Trump have already been terminated.
President Trump declined to answer questions on Monday over whether his administration would remove FBI employees involved in the investigation into the Jan. 6, 2021, U.S. Capitol riot.
The bureau is “corrupt” and Kash Patel, his nominee for FBI director will “straighten it out,” the president told reporters.
Spokespeople for the Justice Department and FBI declined to comment.
