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A group of FBI agents filed a class-action lawsuit against the Justice Department on Tuesday, accusing it of executing an "unlawful and retaliatory" directive from President Donald Trump to remove agents involved in the January 6, 2021, Capitol riot probe and the classified documents investigation into Trump.
The lawsuit, filed by nine anonymous agents, comes amid reports that thousands of FBI personnel were ordered to disclose their involvement in cases tied to the Capitol riot.
On Tuesday, the FBI submitted a list of 5,000 employees who worked on January 6-related cases to the Justice Department, accounting for approximately 13 percent of the bureau's workforce.
Additionally, a top DOJ official directed the acting U.S. attorney in Washington, D.C., to fire around 30 prosecutors who had worked on Capitol riot cases over the past four years.
The lawsuit, filed against the Justice Department and acting Attorney General James McHenry, directly referenced Trump’s role. "Upon returning to the presidency, Mr. Trump has ordered the DOJ to conduct a review and purge of FBI personnel involved in these investigations and prosecutions," the complaint stated.
The plaintiffs argued that this directive is illegal, retaliatory, and violates federal laws designed to protect government employees from political retaliation.
According to the lawsuit, last week, FBI agents received questionnaires asking them to disclose their roles in January 6 cases. They were also asked whether they had participated in Special Counsel Jack Smith's investigation into Trump’s retention of classified documents at Mar-a-Lago.
The plaintiffs provided screenshots of a three-page survey, alleging that DOJ officials intend to use the responses to identify agents for termination or other disciplinary action.
"Plaintiffs were informed that the aggregated information would be forwarded to upper management," the lawsuit stated.
They expressed concerns that their names could be leaked or published by Trump allies, putting them and their families in danger of retribution from individuals convicted in connection with the Capitol riot who have since been pardoned by Trump.
The complaint referenced the 1,500 individuals Trump pardoned for their roles in the riot, including 14 people convicted of seditious conspiracy whose sentences he commuted. The plaintiffs argue that they reasonably fear being targeted for dismissal due to the Trump administration’s perceived view of their loyalties.
Trump has publicly stated his intent to take action against individuals he believes were disloyal, particularly those involved in investigations against him and his allies. The lawsuit warned that if information from the survey is leaked, it could compromise U.S. national security.
Shortly after this lawsuit was filed, a second group of anonymous FBI employees also sued the Justice Department, alleging a "mass, unlawful termination" of bureau personnel involved in the Capitol riot investigation.
The second lawsuit highlighted inconsistencies in the survey distribution, noting that some FBI agents who had little to no involvement in the investigations received the questionnaire, while others who had played significant roles did not.
The FBI Agents Association, which represents 14,000 current and former bureau employees, joined the second lawsuit as a plaintiff, alongside seven anonymous FBI agents, forensic examiners, a forensic chemist, and an intelligence analyst.
The lawsuit accused the Justice Department of attempting to purge as many as 6,000 agents from the bureau, citing instances where pardoned January 6 defendants had publicly called for retribution against the agents involved in their cases.
The lawsuits have sparked strong reactions. Former Republican strategist Cheri Jacobus, now a Trump critic, praised the lawsuits, writing on social media: "YES! FBI employees are suing Trump’s acting AG for violating the Constitution and their rights."
The FBI Agents Association urged Congress to take immediate action to protect bureau employees from mass firings.
"We have urgent concerns about recent actions taken by acting officials at the Department of Justice that threaten the careers of thousands of FBI Special Agents and risk disrupting the Bureau's essential work," the organization said in a statement.
A group of Senate Democrats also wrote a letter condemning the firings. "Retaliating against these career public servants who were simply doing the work assigned to them is outrageous and unacceptable," the letter stated.
Despite the legal challenge, the FBI complied with a Tuesday deadline to submit the names of thousands of agency personnel involved in January 6 cases. The Justice Department has not yet issued a statement regarding the lawsuit but is expected to move for its dismissal.
