FBI Agents Take a Stand Against Politicization
A group of nine FBI agents has filed a lawsuit to block the public identification of any employees who worked on the January 6 investigations into the U.S. Capitol riots.
The move is aimed at preventing what they call “potentially retaliatory efforts” against personnel involved in the probe.
What’s at Stake?
The agents, who filed the lawsuit anonymously, argue that any attempt to review or discriminate against FBI employees involved in the January 6 investigations would be “unlawful and retaliatory” and a violation of civil service protections under federal law.
They claim that the questionnaire they were required to fill out, detailing their specific role in the investigation, is an attempt to identify agents to be terminated or to suffer other adverse employment action.
A Threat to Agent Safety
The agents reasonably fear that if the list is published, they and their families could be in immediate danger of retribution from convicted felons involved in the January 6 riots.
This concern is shared by the Federal Bureau of Investigation Agents Association (FBIAA), which has filed a separate lawsuit seeking immediate injunctive relief to block any public release of information about their role in the investigation.
Due Process Rights at Risk
Lawyers for the group argue that 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. This, they claim, is a violation of the agents’ due process rights.
A Chilling Effect on the FBI
The lawsuits come as the FBI has provided the Justice Department with a list of personnel who worked on January 6 investigations and criminal cases.
Former Justice Department officials have cited concerns that the probe or any retaliatory measures carried out as a result could have a chilling effect on the work of the FBI, including its more than 52 separate field offices.
A Call for Calm
However, one retired FBI agent has urged calm, noting that the acting director and deputy director of the FBI still remain in place.
This person also stressed that the January 6 investigation and the FBI personnel involved in investigating each case “fully followed Bureau and DOJ guidelines,” and that violations of federal statutes were “proven beyond a reasonable doubt in federal courts of law.”
What’s Next?
President Donald Trump has declined to answer questions on whether his administration would remove FBI employees involved in the investigation into the January 6, 2021, U.S. Capitol riot. The FBI agents and the FBIAA are seeking urgent action from Congress to protect against politicization and ensure the safety and due process rights of agents involved in the investigation.
