FBI Agents Take Legal Action Against DOJ to Halt Internal Jan. 6 Investigation Amid Fears of Mass Terminations & Threats

A group of nine anonymous FBI agents has filed a class action lawsuit in the U.S. District Court for the District of Columbia, seeking to prevent the Justice Department’s internal investigation of employees involved in the January 6, 2021, Capitol attack and the handling of classified documents by former President Donald Trump. The agents, who claim they were informed of potential termination, are asking for relief that extends to at least 6,000 fellow agents.

The FBI Agents Association previously initiated a similar lawsuit on behalf of seven anonymous agents. This legal push comes amid significant changes in the Justice Department following Trump’s return to the Oval Office. In a controversial move, he granted pardons to nearly 1,600 defendants connected to the January 6 events, including leaders of far-right groups.

According to the plaintiffs, they or their supervisors received instructions to complete a survey aimed at identifying their specific roles in the investigations. They argue that the results could lead to the creation of a list facilitating the termination of agents or other adverse consequences. The agents expressed concern over potential retaliation, fearing that their identities might become public and expose them and their families to threats from individuals previously convicted of crimes related to January 6.

The lawsuit asserts that such data collection would violate the agents’ First and Fifth Amendment rights, along with their privacy rights. The plaintiffs have requested that the court block any collection or publication of information revealing the identities of involved agents. They emphasized their contributions to the prosecution efforts, noting successful indictments, convictions, and plea agreements obtained over the course of the investigations, while also revealing that some agents’ personal details have already surfaced on the dark web.

Concerns persist even if the survey remains confidential, with the agents alerting to the risk posed by non-government actors lacking appropriate security clearances. They referenced a recent incident involving Elon Musk and his team’s access to sensitive financial information on millions of Americans held by the Treasury Department.

The agents are represented by Pamela Keith of the Center for Employment Justice. Since Trump’s inauguration, the Justice Department has undergone considerable upheaval, with several key officials being appointed or reassigned. Notably, Acting U.S. Attorney General James McHenry has initiated internal inquiries into employees involved in January 6 investigations. Recently, about 30 federal prosecutors tied to these cases were dismissed following a directive from Bove, who described their hiring as a “subversive” act against Trump’s agenda.

In response, lawyers from the State Democracy Defenders Fund have urged Bove not to execute mass terminations, advocating for the protection of the rights of those affected. They stress the Department’s duty to uphold constitutional values and safeguard public welfare.