Fired FBI Agents Seek Injunctive Relief

The United States District Court for the District of Columbia (Judge Cobb) entered an order in litigation brought by fired FBI agents

In these consolidated cases, Federal Bureau of Investigation (FBI) agents who worked on January 6 investigations, along with the FBI Agents Association (FBIAA), sue to enjoin the disclosure of agents’ personal identifying information and related alleged constitutional violations. Briefing is underway on Plaintiffs’ motion for preliminary injunction, ECF 25, and Defendants’ motion to dismiss

The case

Plaintiffs allege the following. On January 31, 2025, Acting Deputy Attorney General (A/DAG) Emil Bove issued a memo entitled “Terminations,” ordering the Acting Director of the FBI to fire eight named FBI employees. ECF 24 ¶ 65; see ECF 25-5 (Terminations Memo). The memo (quoting an Executive Order titled “Ending the Weaponization of the Federal Government”) stated that the prior administration had engaged in a “systemic campaign against its perceived political opponents, weaponizing the legal force of numerous Federal law enforcement agencies,” including the FBI. ECF 25-5 at 2; see ECF 25-4 (Executive Order). Per the memo, the FBI “actively participated in what President Trump appropriately described as ‘a grave national injustice that has been perpetrated upon the American people over the last four years’ with respect to events that occurred at or near the United States Capitol on January 6, 2021.” ECF 25-5 at 2. Bove stated that he “d[id] not believe that the current leadership of the Justice Department can trust these FBI employees to assist in implementing the President’s agenda faithfully,” and “deem[ed] these terminations necessary, pursuant to President Trump’s January 20, 2025 Executive Order entitled, ‘Ending The Weaponization Of The Federal Government.’” Id. The memo listed eight FBI employees by name and directed that they be terminated.

Ordered

the Court ORDERS that Defendants shall produce the following discovery to Plaintiffs by April 14, 2025:

• Interrogatory 1: Identify every non-DOJ person, including White House personnel and DOGE personnel, who is known to have, or had, access to the data collected pursuant to the Survey.

• Interrogatory 4: In both the Terminations Memo and the February 5, 2025 Message from A/DAG Bove, Mr. Bove stated that DOJ is undertaking a “process” to review the conduct of FBI personnel who participated in the January 6 investigations. Identify and describe the “process” identified by Mr. Bove.

• Request for Production 1: Any Document that relates to the Government’s intent for any potential future disclosure of the Survey.

• Request for Production 2: Any Document that relates to the Government’s Responses to any of the Interrogatories above.

The relevant components for purposes of this discovery order are the Department of Justice’s Leadership Offices and the Federal Bureau of Investigation.

(Mike Frisch)