Fired FBI Leaders Sue the Trump Administration, Alleging a 'Campaign of Retribution'

Three former senior FBI officials are suing the Trump Administration, alleging they were fired as part of a “campaign of retribution” for failing to show “sufficient political loyalty.”  Former FBI Acting Director Brian J. Driscoll, Jr., former Assistant Director in Charge of the FBI’s Washington field office Steven J. Jensen, and former Special Agent in Charge of the agency’s Las Vegas field office Spencer L. Evans filed a lawsuit on Wednesday claiming infringement of their rights to due process, free association, and free speech under the First and Fifth Amendment.  FBI Director Kash Patel, the plaintiffs allege, violated federal law and the Constitution and “deliberately chose to prioritize politicizing the FBI over protecting the American people” when he fired the officials on Aug. 8.  Prior to Driscoll’s own firing, according to the lawsuit, the FBI director told him the Department of Justice and White House had instructed Patel to fire anyone who worked on a criminal investigation against President Donald Trump and he had to carry out the dismissals as directed by his superiors in order to keep his own job. “The FBI tried to put the President in jail and he hasn’t forgotten it,” the FBI Director said, per the lawsuit.  The lawsuit alleges Patel acknowledged that “the nature of the summary firings were likely illegal and that he could be sued and later deposed.” In addition to Patel, the lawsuit names Attorney General Pam Bondi, the FBI, the Department of Justice, and the executive office of the President as defendants. The FBI declined to comment on the case. TIME has reached out to the Department of Justice for comment. During his confirmation hearings, Patel vowed to ensure that all FBI workers would be “held to the absolute same standard” and that they would be “protected against political retribution.” He did not, however, directly respond to a question from Senator Richard Blumenthal of Connecticut on whether he would fire agents who worked on the special counsel investigations in to Trump. He also did not respond to questions about whether he would resign if the White House asked him to do something illegal.  And more recently, Patel told FOX Business last month that every person found to have “weaponized or participated” in criminal investigations into the President had been removed from leadership positions and that action would be taken moving forward against any others found to be involved—a statement the plaintiffs say affected their reputation and future employment opportunities.  The complaint also details alleged instances in the leadup to and days after Trump’s return to the White House in which Driscoll faced what he felt were inappropriate and political questions and pressure to comply in an effort to purge agencies. It describes Driscoll being questioned in January about who he voted for, his thoughts on diversity, equity, and inclusion, and when he started supporting President Trump. The call, according to the lawsuit, was framed as an interview to see whether Driscoll was fit for “a high-level position at the FBI,” even as he noted he was already holding a senior position at that point.  Also in January, the lawsuit alleges that Driscoll was asked by Emil Bove—who has since been confirmed to serve as an appeals court judge—to provide a list of officials who took part in the investigation into the Jan. 6, 2021, Capitol attack.   That month, the Justice Department fired more than a dozen officials who worked on the federal criminal investigations into Trump.  Together, the plaintiffs noted they had a total of 60 years of service at the time of their firings, and had earned awards for their service. They would have been eligible for retirement once they turned 50. (Evans was also eligible for early retirement, though that option was not offered to him upon his termination.)