FBI Agents Question DOJ’s Compilation Method for January 6 Probes

Department of Justice seal on American flag background.

FBI agents are taking legal action to prevent the Justice Department from compiling lists of personnel involved in January 6 and Trump-related investigations, citing fears of retaliation and privacy concerns.

Key Takeaways

  • FBI agents have filed lawsuits to block the Justice Department from creating lists of officials who worked on January 6 or Trump-related cases.
  • The agents fear potential retaliation, including demotion or denial of job opportunities, particularly if there’s a Trump-led Justice Department.
  • The lawsuits claim violations of First Amendment rights and the federal Privacy Act.
  • The FBI provided the Justice Department with a list of about 4,000 employees involved in the January 6 investigation, using unique identifiers instead of names.
  • The directive to identify these personnel came from Acting Deputy Attorney General Emil Bove, a former defense attorney for Donald Trump.

Legal Action by FBI Agents

FBI agents have initiated legal proceedings against the Justice Department to prevent the compilation and potential release of lists identifying personnel involved in the January 6 Capitol riot investigations and cases related to Donald Trump. The lawsuits, filed anonymously by two sets of FBI agents in federal court in Washington, coincide with a DOJ deadline for the FBI to identify personnel involved in these sensitive cases.

The agents argue that public disclosure of their identities could subject them to intimidation and professional harm, violating their constitutional rights and the federal Privacy Act. They contend these lists could be wielded improperly, resulting in privacy breaches and unjustified exposure.

Concerns Over Retaliation

At the heart of the agents’ concerns is the fear of retaliation, particularly in the event of a Trump-led Justice Department. The lawsuits express apprehension about potential retaliatory actions such as demotion, denial of job opportunities, or even more severe consequences.

The FBI Agents Association’s lawsuit highlights social media threats from pardoned individuals, including Proud Boys leader Enrique Tarrio, underscoring the potential dangers faced by agents if their identities are revealed.

DOJ’s List Compilation Efforts

In response to a memo from the Trump Justice Department, the FBI provided the Justice Department with a list of employees who worked on the January 6 Capitol riot investigation. This list, covering around 4,000 FBI employees, included each employee’s current and past titles, roles in the investigation, dates of activity, and current office. For security reasons, unique employee identifiers were used instead of names. “FBI Special Agents who risk their lives protecting the country from criminals and terrorists are now being placed on lists and having their careers jeopardized simply for doing their jobs,” said FBIAA President Natalie Bara in a statement. “Exposing the names of FBI Agents and employees on these lists would put the safety of these individuals and their families at risk.”

The directive to identify these personnel came from Acting Deputy Attorney General Emil Bove, a former defense attorney for Donald Trump. This action has raised concerns about a potential purge of agents involved in Capitol riot cases and aligning the FBI and DOJ with President Trump’s agenda.

Implications and Ongoing Developments

The lawsuits and the ongoing situation have sparked a debate about the balance between transparency and the safety and privacy of law enforcement personnel. As the legal proceedings unfold, the FBI and Justice Department have yet to comment on the lawsuits, leaving many questions unanswered about the rationale behind the list compilation and its intended use.

The outcome of these lawsuits could have far-reaching implications for the future of federal law enforcement, particularly in politically sensitive investigations. It remains to be seen how the courts will balance the concerns of the FBI agents against the Justice Department’s actions in this unprecedented situation.

Sources:

FBI agents sue to block DOJ from compiling list of officials who worked on Jan. 6 or Trump cases

FBI gives Justice details on employees who worked Jan. 6 cases, FBI agents sue

FBI agents sue over DOJ-demanded lists of personnel involved in Jan. 6 investigations