FBI Agents’ Lawsuit Against Trump ‘Harbinger’ of Legal Battles: Attorney

A former federal prosecutor has said that FBI agents’ lawsuits against Trump are the beginning of a wave of legal action by federal employees.

Newsweek sought email comment from the Justice Department on Thursday.

Why It Matters

Purges of federal employees deemed disloyal to Trump could also have a detrimental effect on the efficiency of the federal government and could be a major legal test of Trump’s expansionist view of the executive branch.

What To Know

A group of FBI agents brought a class action against the Justice Department on February 4, accusing it of carrying out an “unlawful and retaliatory” directive from President Donald Trump to purge the bureau of agents who worked on the January 6, 2021 Capitol riot investigation.

It came after agents were told to fill out a questionnaire on whether they worked on the January 6 case. As thousands of FBI agents worked on arresting an estimated 1,500 January 5 defendants, the purge could have a huge effect on the agency.

Shortly after Tuesday’s lawsuit was filed, a second group of anonymous FBI employees sued the Justice Department, accusing it of carrying out “the mass, unlawful termination of Bureau employees” involved in the Capitol riot investigation.

However, on Tuesday afternoon, the FBI turned over the names of 5,000 employees who worked on January 6 cases to the Justice Department, CNN reported. That’s about 13 percent of the bureau’s workforce.

A top DOJ official also ordered the acting U.S. attorney in Washington, D.C. to fire about 30 prosecutors who worked on Capitol riot cases over the last four years.

What People Are Saying

Former New York federal prosecutor, Preet Bharara, said on his Stay Tuned With Preet Bharara podcast on Thursday that federal employees are likely to launch many more lawsuits.

“These are interesting lawsuits. I think they are more a harbinger of what’s to come. They were shot across the bow, making it clear that if and when employment actions are taken against some of these agents, or perhaps all of these agents, there is going to be a battle in the courtroom or in many courtrooms around the country,” he said.

“With respect to these two lawsuits, those firings, though anticipated, have not yet happened. The purge is not yet here, so the suits obviously can’t address firings that haven’t yet happened, and they’re not seeking to prevent firings, but they are seeking to prevent the release of the identities of the people who are involved in the January 6th investigations.”

What Happens Next

A judge may agree to the agents’ requests to impose a temporary injunction on the Justice Department’s collection of FBI agents involved in the January 6 investigation. That temporary injunction would remain in place while the case is being heard.

The Justice Department will likely apply to have the cases dismissed.