FBI agents sue over Justice Dept. effort to ID employees involved in Trump-related investigations

FBI agents who participated in investigations related to President Donald Trump have sued over Justice Department efforts to develop a list of employees involved in those inquiries that they fear could be a precursor to mass firings.

The class-action complaint, filed Tuesday in federal court in Washington, seeks an immediate halt to the Justice Development’s plans to compile a list of investigators who participated in probes of the Jan. 6, 2021 riot at the U.S. Capitol as well as Trump’s hoarding of classified documents at his Mar-a-Lago estate in Florida.

The suit marks an escalation in a high-stake dispute that burst into public view on Friday with revelations that the Justice Department had demanded from the FBI the names, offices and titles of all employees involved in Jan. 6 investigations so that officials could evaluate whether any personnel action was merited. Thousands of FBI employees were also asked over the weekend to fill out an in-depth questionnaire about their participation in those probes, a step they worry could lead to termination.

The scrutiny of career agents is highly unusual given that rank-and-file FBI agents do not select the cases they are assigned to work on, do not historically switch positions or receive any sort of discipline because of their participation in matters seen as politically sensitive cases and especially because there’s been no evidence any FBI agents or lawyers who investigated or prosecuted the cases engaged in misconduct.

But Trump, dating back to his first term as president, has long been furious at the FBI and Justice Department and sought to bend federal law enforcement to his will. He was investigated as president by agents examining potential ties between his 2016 campaign and Russia, and then after the leaving the White House, faced new criminal inquiries into his efforts to overturn the 2020 election and his retention of top-secret documents. His efforts to overturn election results and his retention of those documents both resulted in indictments that were dismissed after he won the presidency in November.

The agents who brought Tuesday’s lawsuit are not identified by name and are instead referred to as anonymous “John and Jane Does.” They say they were told on Sunday to either fill out surveys about their involvement in the Jan. 6 or Mar-a-Lago investigation or that their supervisors would do it for them. The responses would be “forwarded to upper management,” the lawsuit says.

“Plaintiffs assert that the purpose for this list is to identify agents to be terminated or to suffer other adverse employment action. 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 complaint said.

The lawsuit notes that Trump on the campaign trail “repeatedly stated that he would personify ‘the vengeance’ or ‘the retribution,’ for those whom he called ‘political hostages,’ for their actions during the Jan. 6 attack.”

The agents contend “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.”

The complaint also cites the Justice Department’s firing last week of prosecutors on special counsel Jack Smith’s team as proof that the effort to compile the list is rooted in a desire for retribution.

“Donald Trump has made repeated public pronouncements of his intent to exact revenge upon persons he perceives to be disloyal to him by simply executing their duties in investigating acts incited by him and persons loyal to him,” the complaint says. “Whatever the Trump administration believes about Plaintiffs’ political affiliation, it clearly believes that persons who were involved in the investigation and prosecution of Jan. 6 and Mar-a-Lago cases are insufficiently politically affiliated with Donald Trump to be entitled to retain their employment.”

A Justice Department spokesman did not immediately return a message seeking comment.