On Tuesday, two class action lawsuits were filed against the Department of Justice seeking to block the public release of a list of FBI employees who took part in the investigation of Donald Trump’s mishandling of classified documents, as well as the attempted coup in the nation’s capital on Jan. 6, 2021. Thousands of Bureau employees and investigators worked on each of these cases.
“Plaintiffs assert 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 by Donald Trump and his agents,” according to one of the filings brought by nine anonymous agents who were part of the Jan. 6 and Jack Smith investigations. The document also explains how on Monday, agents were ordered to fill out surveys describing their involvement in the cases, having to answer questions like “What was your/your employee’s title when you/your employee participated in investigation(s) or prosecution(s) of events that occurred at or near the US Capitol on January 6, 2021?”
The second suit is being brought by the FBI Agents Association, an advocacy group made up of current and former agents, seeking a temporary restraining order prohibiting the list’s release. Federal Judge Jia Cobb, who was nominated under Biden in 2021 and confirmed by the Senate, has been assigned both cases.
Acting FBI Director Brian Driscoll had attempted to assuage agents’ concerns about retaliation in an internal memo obtained by the Washington Post. “I want to be clear again … that the FBI does not consider anyone’s identification on one of these lists as an indicator of misconduct,” Driscoll wrote. “I am confident the Department of Justice understands our concerns and will undertake a full and fair review of the data we provided.”
Officials at the DOJ do not agree that Driscoll has been as forthcoming as his memo to staff indicates. Emil Bove III, interim Deputy Attorney General and former criminal defense attorney to Donald Trump, has accused Driscoll and his deputy Robert C. Kissane of “insubordination” and “refusing to comply” with the order to “identify the core team in Washington, D.C. responsible for the investigation relating to events on January 6, 2021.” Despite the FBI agents’ claiming in their suits that his endeavor is blatantly retaliatory, Bove insists that having worked on these cases is not a reason to fear retribution. “The only individuals who should be concerned about the process initiated by my January 31, 2025 memo are those who acted with corrupt or partisan intent,” Bove wrote, “who blatantly defied orders from Department leadership, or who exercised discretion in weaponizing the FBI.”
Pam Bondi was sworn in as Attorney General on Wednesday, replacing Bove’s interim appointment. She immediately issued orders to the newly-formed Weaponization Working Group within the department to investigate Jan. 6 Special Prosecutor Jack Smith, as well as at Manhattan District Attorney Alvin Bragg and New York Attorney General Letitia James.
