A group of FBI agents who were involved in investigating Donald Trump’s alleged unlawful removal and retention of classified documents at Mar-a-Lago, as well as the January 6 attack on the Capitol, have filed a lawsuit to prevent the Justice Department from gathering information to identify them. These agents claim that the Trump administration is trying to “purge” FBI personnel based on their involvement in these investigations, which they argue is retaliatory and unlawful, violating the Civil Service Reform Act. The lawsuit, filed in Washington, D.C., federal court, names the Department of Justice and Acting U.S. Attorney General James McHenry as defendants.
The agents argue that compiling lists of those involved in these investigations is a form of retaliation meant to intimidate FBI agents and other personnel. The lawsuit asserts that this is designed to discourage employees from reporting future wrongdoing by Trump or his associates. As part of the investigation, the agents were instructed to fill out surveys identifying their roles in the Mar-a-Lago and January 6 cases, with the data being forwarded to “upper management” at the DOJ. The agents believe that the purpose of this is to identify and potentially terminate those involved in the investigations or subject them to other adverse actions.
They also fear that this information will be publicly released by Trump’s allies, which could put them at risk of retaliation from convicted January 6 rioters, who Trump pardoned upon taking office. The agents argue that such exposure would put them and their families in immediate danger.
The lawsuit also claims that the DOJ’s actions violate the agents’ First and Fifth Amendment rights. The agents further allege that the administration is retaliating against them for their perceived political affiliations and that Trump has made public statements expressing his desire for vengeance against those he considers disloyal, including those involved in investigating him.
The agents’ concerns seem to be validated by recent actions, including the Justice Department’s dismissal of attorneys involved in the cases against Trump. The plaintiffs in the lawsuit fear they may be next.
In addition, another lawsuit was filed on behalf of FBI agents by national security attorney Mark Zaid. This suit highlights the risk of public exposure of the agents’ personal information, which could lead to vigilante action from individuals previously investigated in connection with the January 6 attack. The complaint references social media posts by convicted rioters, including Enrique Tarrio of the Proud Boys, who has called for the arrest of the agents who investigated him.
As the FBI faces increasing pressure and its personnel become targets, agents are expressing concerns about the agency’s future and the growing risks posed by political retaliation.
