The acting second-in-command at the Department of Justice, Emil Bove III, has accused the acting head of the FBI, Brian J. Driscoll, of insubordination after he allegedly refused to comply with a directive to identify the FBI agents responsible for investigating the January 6th Capitol attack. The dispute centers around Bove’s request for the names of the FBI team that led the investigation into the events surrounding the Capitol riot.
In a memo sent on January 31, 2025, Bove claimed that he had repeatedly asked both Driscoll and his deputy, Robert C. Kissane, to disclose the identities of the FBI agents assigned to the investigation. However, Driscoll and Kissane reportedly resisted these demands, raising concerns over potential backlash from the Trump administration. Multiple agents involved in the investigation fear that if their names were made public, they could face retaliation, particularly from the approximately 1,500 individuals pardoned by former President Donald Trump, some of whom were involved in the Capitol riot.
Bove explained in the memo that the DOJ needed the information to conduct a review of the agents’ actions, in line with an executive order issued by Trump to scrutinize the “weaponization of the federal government.” The refusal to comply with his request, Bove stated, led to the need for a broader directive to identify all FBI agents connected to the Capitol investigation, affecting an estimated 5,000 agents within the bureau.
Bove further asserted that the FBI’s leadership had disregarded his authority, and the failure to provide the requested names left him with no choice but to issue a memo seeking to identify all agents involved in the investigation.
This controversy comes amid legal battles and heightened tension over FBI actions during and after the Capitol attack. Several class action lawsuits have been filed by current FBI agents, fearing that the Trump administration may use the list of agents to target and remove those who are deemed insufficiently loyal. As part of this legal struggle, some agents have accused the DOJ of conducting surveys about their roles in the investigation, leading to further fears of being scrutinized or purged.
Despite these concerns, Bove made it clear that no FBI employee would face retaliation as long as they performed their duties ethically and followed orders regarding the January 6 investigation. He emphasized that only those who engaged in partisan behavior or corruption who acted with political intent should be worried about the review. Bove’s memo stressed that the review was not meant to punish individuals who simply carried out their responsibilities in a lawful and ethical manner.
The directive to identify the agents involved in the investigation follows a broader campaign by the Trump administration to investigate and potentially purge the FBI of employees considered disloyal. Bove’s memo aims to quell any concerns among FBI personnel, assuring them that the review is not intended as an act of retribution against those who upheld their professional duties. Instead, the focus is on holding accountable those who may have compromised the integrity of the investigation through partisan actions or disregard for DOJ directives.
While the legal battles and controversy continue to unfold, Bove’s memo highlights a significant clash between the DOJ and the FBI’s acting leadership. The tension surrounding the Capitol investigation reflects the deep divisions within the U.S. government and law enforcement agencies, with the broader implications of these internal struggles yet to be fully realized.
