Two groups of FBI agents involved in the January 6 investigations and the criminal investigations of President Donald Trump have anonymously filed class action lawsuits against the Department of Justice leadership to block leadership from assembling lists of agents they fear will be used in a retaliation campaign.
The plaintiffs, nine FBI agents, claim in the lawsuits disclosure of their identities and information that ties them to the January 6 and Mar-a-Lago cases is “unlawful and retaliatory” and a violation of the First Amendment, the federal Privacy Act, and civil service protections under federal law.
The agents who filed the complaints in federal court in Washington on Tuesday claim the DOJ under Trump intends to publicly identify them, which would subject them to threats and harassment.
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.
