A group of FBI agents and personnel who aided in investigations related to the January 6, 2021, Capitol attack have filed a class action lawsuit against the Department of Justice (DOJ) and the United States government, alleging unlawful retaliation and efforts to terminate their employment.
The lawsuit, filed on Tuesday in federal court, claims that the DOJ is targeting employees involved in the Jan. 6 investigations for dismissal and exposing their personal information, putting them at risk of vigilante violence.
The plaintiffs, represented by the Federal Bureau of Investigation Agents Association (FBIAA) and several anonymous FBI employees (referred to as John Does 1-4 and Jane Does 1-3), argue that the DOJ’s actions are a direct response to their involvement in lawful investigations and prosecutions stemming from the Capitol riot.
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The lawsuit seeks to block the DOJ from terminating their employment and from publicly disclosing their identities, which they say could lead to harassment, threats, or physical harm.
The lawsuit outlines the extensive role FBI agents played in investigating the January 6 attack, during which a mob of then-President Donald Trump’s supporters stormed the U.S. Capitol in an attempt to overturn the 2020 presidential election results.
The attack resulted in multiple deaths, injuries to over 140 law enforcement officers, and significant damage to the Capitol building. In the aftermath, the FBI and DOJ launched one of the largest federal investigations in U.S. history, leading to the prosecution of nearly 1,600 individuals.
The plaintiffs allege that their work on these cases has made them targets of retaliation by the current administration, which they claim has sought to undermine the legitimacy of the Jan. 6 investigations. The lawsuit cites public statements by former President Trump, who has repeatedly referred to Jan. 6 defendants as “hostages” and accused the FBI of being “thugs” and “tyrants.”
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The lawsuit claims that since President Trump’s inauguration in January 2025, the DOJ has taken steps to purge employees involved in Jan. 6-related investigations. According to the complaint, the administration has fired or forced into retirement numerous prosecutors and FBI agents who worked on these cases. The plaintiffs also allege that the DOJ has ordered FBI employees to complete a survey about their involvement in Jan. 6 investigations, which they believe will be used to identify and terminate additional personnel.
The complaint further alleges that the DOJ plans to publicly disclose the names of employees who participated in these investigations, putting them at risk of retaliation from individuals who have been pardoned or had their sentences commuted by the current administration.
The lawsuit cites social media posts by pardoned Jan. 6 defendants, including Enrique Tarrio, the former leader of the Proud Boys, who has openly vowed to seek “retribution” against law enforcement officials involved in his prosecution.
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The lawsuit includes seven counts, including violations of the Privacy Act, the Administrative Procedure Act, and the First and Fifth Amendments. The plaintiffs argue that the DOJ’s actions violate their constitutional rights to privacy, due process, and protection from retaliation based on their perceived political affiliations.
They also seek a writ of mandamus to prevent the DOJ from carrying out the alleged retaliatory terminations and disclosures.
- Violation of the Privacy Act: The plaintiffs allege that the DOJ failed to ensure the accuracy and relevance of records it plans to disclose, putting their safety and reputations at risk.
- Violation of the Administrative Procedure Act: The plaintiffs claim the DOJ’s actions are arbitrary, capricious, and an abuse of discretion.
- Mandamus Relief: The plaintiffs seek a court order compelling the DOJ to rescind any unlawful termination orders.
- First Amendment Violation: The plaintiffs argue that they are being targeted for perceived political disloyalty, in violation of their constitutional rights.
- Due Process Violations: The plaintiffs allege that the DOJ’s actions will cause reputational harm and violate their privacy interests.
The lawsuit warns that the mass termination of FBI employees could have catastrophic consequences for national security. The plaintiffs note that the FBI is currently investigating a wide range of threats, including terrorism, cybercrime, and fentanyl trafficking, and that the loss of experienced personnel could severely hamper these efforts.
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