FBI agents sue Justice Department, alleging 'retribution' over their work on Jan. 6 cases

WASHINGTON — Two groups of unnamed FBI agents who participated in Jan. 6 investigations have sued the Justice Department, claiming they were instructed to fill out a survey about their roles, if any, in those cases or in the investigation into Donald Trump's possession of documents marked classified at his Florida home between his terms as president.

In one suit, nine FBI agents argue that the specific purpose of the survey "is to identify agents and other FBI personnel to be terminated as a form of politically motivated retribution," according to their complaint, which was filed in U.S. District Court in Washington.

“Plaintiffs assert that the purpose for this list is to identify agents to be terminated or to suffer other adverse employment action," the complaint reads. "Plaintiffs reasonably fear that all or parts of this list might be published by allies of President Trump, thus placing themselves and their families in immediate danger of retribution by the now pardoned and at-large Jan. 6 convicted felons."

The agents have been informed they are “likely to be terminated in the very near future” for their work on the Jan. 6 and documents cases, the complaint continues.

“They intend to represent a class of at least 6,000 current and former FBI agents and employees who participated in some manner in the investigation and prosecution of crimes and abuses of power by Donald Trump, or by those acting at his behest,” lawyers Pamela Keith and Scott Lempert write in the complaint.

Keith, a former Democratic candidate for Congress, has shared unfounded conspiracy theories on social media about pro-Republican election results, the attempt to assassinate Trump in July and other major events. 

The FBI agents allege First and Fifth Amendment violations by the Justice Department and seek to enjoin “the aggregation, storage, reporting, publication or dissemination of any list or compilation of information that would identify FBI agents and other personnel, and tie them directly to Jan. 6 and Mar-a-Lago case activities.”

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The lawsuit says they have been informed that some of their personal information has already been posted by convicted Jan. 6 felons on the dark web and are particularly concerned about further publication of their personal information.

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The second suit, which includes seven unnamed FBI agents and the FBI Agents Association as plaintiffs, hits similar notes, asking the court for “protection” from the Justice Department’s “anticipated retaliatory decision to expose their personal information for opprobrium and potential vigilante action by those who they were investigating.”

The first suit alleges that “the very act of compiling lists of persons who worked on matters that upset Donald Trump is retaliatory in nature, intended to intimidate FBI agents and other personnel, and to discourage them from reporting any future malfeasance and by Donald Trump and his agents.”

"Plaintiffs therefore respectfully seek immediate relief to enjoin the aggregation, storage, reporting, publication or dissemination of any list or compilation of information that would identify FBI agents and other personnel, and tie them directly to Jan. 6 and Mar-a-Lago case activities," the complaint says.