Nine current FBI agents have filed a lawsuit against the Bureau and the Department of Justice (DOJ), claiming that the government’s investigation into those who worked on the cases involving the January 6 Capitol riot defendants is an attempt to retaliate against them. The agents argue that the DOJ’s review is a step toward punishing them for their involvement in the investigation of over 1,500 individuals linked to the Capitol attack.
The lawsuit follows a deadline set for the FBI to submit responses to a 13-question survey detailing agents’ roles in the prosecution of those charged in connection with the January 6 events. According to the plaintiffs, the purpose of compiling this list is to identify agents who could face termination or other disciplinary actions, describing the effort as “unlawful and retaliatory.”
In their court filing, the agents express concern that the information collected in the survey could be leaked, placing both the agents and their families at risk of retaliation from Trump supporters and convicted January 6 rioters who have since been pardoned.
The DOJ’s request also seeks a comprehensive list of agents involved in the investigation of approximately 1,500 individuals accused of storming the Capitol, a project that involved about 2,400 FBI agents. As part of this process, agents have been asked to provide details on the scope of their contributions, including whether they conducted surveillance, gathered evidence, made arrests, or testified in court.
The lawsuit, which is being filed on behalf of nine anonymous FBI agents, also seeks an injunction to prevent the survey results from being shared or published. The agents argue that this could lead to unnecessary exposure and potential harm to their personal safety.
This legal action comes in the wake of significant personnel changes under the Trump administration. Reports indicate that the administration fired five senior FBI staff members, including heads of various field offices, as well as about two dozen prosecutors from the U.S. Attorney’s Office in Washington, D.C., who had worked on some of the 1,500 cases related to the Capitol riot.
Brian Driscoll, the acting FBI director, voiced concerns about the DOJ’s request to release names of agents involved in the investigation. In an email to FBI staff, Driscoll highlighted that the list could potentially encompass thousands of agents nationwide who supported the investigation. He reaffirmed the Bureau’s commitment to following the law and protecting its workforce, emphasizing that the agency’s mission remains focused on serving the American people.
“We understand that this request encompasses thousands of employees across the country who have supported these investigative efforts,” Driscoll wrote. “I am one of those employees, as is acting Deputy Director [Robert] Kissane. As we’ve said since the moment we agreed to take on these roles, we are going to follow the law, follow FBI policy, and do what’s in the best interest of the workforce and the American people — always.”
