FBI Employees Sue Over Potential Firings Related to Jan. 6 Investigations

The seal of the FBI hangs in the Flag Room at the bureau's headquarters in Washington on March 9, 2007. Chip Somodevilla/Getty Images

A group of anonymous FBI employees has filed a class action lawsuit against the Trump administration, alleging it violated their constitutional rights by gathering and potentially releasing information on employees who partook in investigations surrounding the events of Jan. 6, 2021, and the Mar-A-Lago classified documents case.

The lawsuit centers on a survey the employees say they were directed to fill out that identified their specific role in those cases.

“Plaintiffs assert that the purpose of this list is to identify agents to be terminated or to suffer other adverse employment action,” the lawsuit, filed in federal court in Washington, reads.

“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.”

The lawsuit names nine “John and Jane Does” as plaintiffs and Acting Attorney General James McHenry as a defendant. The plaintiffs are seeking to bring the lawsuit on behalf of at least 6,000 current and former FBI employees.

The lawsuit was filed amid controversy over Acting Deputy Attorney General Emil Bove’s requesting that the FBI provide names of bureau personnel involved with the Jan. 6 cases. 

On Feb. 3, Senate Judiciary Democrats sent a letter identifying the request and said “the Acting Deputy Attorney General clearly threatened the termination of identified employees.” It also referred to reporting that the interim U.S. Attorney for the District of Columbia had fired attorneys who worked on Jan. 6 cases.

An FBI spokesperson confirmed that Bove has requested information about FBI personnel.

“The FBI is currently working to respond to a request for information from the Acting Deputy Attorney General about current and former FBI personnel assigned to certain investigations or prosecutions, including the events that occurred at or near the United States Capitol on January 6, 2021,” the spokesperson told The Epoch Times in an email.

The spokesperson added that “the FBI does not view anyone’s identification on one of these lists as an indicator of misconduct.”

The plaintiffs also filed a motion for a temporary restraining order that would prevent the administration from “aggregating, publishing or disseminating any personal identifying information or any information about the specific activities of any FBI agents or personnel.” They asked the court to stop FBI efforts at gathering and aggregating information about the activities of FBI agents with respect to Jan. 6 and President Donald Trump’s handling of classified documents.

In January, the Department of Justice (DOJ) fired officials who played a role in prosecuting Trump, with a spokesperson stating that “the Acting Attorney General does not trust these officials to assist in faithfully implementing the President’s agenda.”

The anonymous employees allege that the administration is violating the First Amendment, Fifth Amendment, and Privacy Act of 1974.

“Government employees are protected by the First Amendment from discrimination or retaliation based on their political beliefs or affiliation, or perception thereof,” the lawsuit states.

It goes on to say that the plaintiffs “reasonably believe and fear that the information gathered in the survey will also be used to target them for retaliatory discharge due to the Trump administration’s perception of their loyalties.”

The Fifth Amendment, the lawsuit said, also protects the employees against the government harming their reputation.

“Not only would the publication of Plaintiffs’ names or other identifying information harm their safety and reputations, but it would also burden their ability to find future employment with any entity with an interest in maintaining positive relationships with the Trump administration,” the lawsuit reads.

The DOJ did not immediately respond to The Epoch Times’ request for comment. The FBI National Press Office said its standard practice was not to comment on litigation.

The lawsuit comes as the Senate considers confirming Trump’s nominee to lead the FBI and DOJ.

During his confirmation last week, Kash Patel, Trump’s nominee to lead the FBI, said that “there will be no retributive actions taken by any FBI should I be confirmed as the FBI director.”

Senators pressed him and Pam Bondi, Trump’s nominee for attorney general, on a list Patel made of “deep state actors” within the executive branch. On Feb. 3, the Senate voted to invoke cloture or end debate on Bondi’s nomination.

 Zachary Stieber and Ryan Morgan contributed to this report.