fbi agent

WASHINGTON — Three fired FBI agents sued on Tuesday to try to get their jobs back, saying in a class-action lawsuit that they were illegally punished for their participation in an investigation into President Trump’s efforts to overturn his 2020 election defeat.

The federal lawsuit adds to the mounting list of court challenges to a personnel purge by FBI Director Kash Patel that over the last year has resulted in the ousters of dozens of agents, either because of their involvement in investigations related to Trump or because they were perceived as insufficiently loyal to the Republican president’s agenda.

The lawsuit in federal court in Washington was technically filed on behalf of just three agents but may have much broader implications given that its request for class-action status could open the door for agents fired since the start of the Trump administration to get their jobs back.

The three agents — Michelle Ball, Jamie Garman and Blaire Toleman — were fired last October and November in what they say was a “retribution campaign” targeting them for their work on the investigation into Trump. The agents had between eight and 14 years of “exemplary and unblemished” service in the FBI and expected to spend the remainder of their careers at the bureau but were abruptly fired without cause and without being given a chance to respond, the lawsuit says.

“Serving the American people as FBI agents was the highest honor of our lives,” they said in a statement. “We took an oath to uphold the Constitution, followed the facts wherever they led and never compromised our integrity. Our removal from federal service — without due process and based on a false perception of political bias — is a profound injustice that raises serious concerns about political interference in federal law enforcement.”

Trump’s indictment

The investigation the agents worked on culminated in a 2023 indictment from special counsel Jack Smith that accused Trump of illegally scheming to undo the results of the presidential election he lost to Democrat Joe Biden in 2020. Smith ultimately abandoned that case, along with a separate one accusing Trump of illegally retaining classified records at his Mar-a-Lago estate in Palm Beach, Fla., after Trump won back the White House in 2024, citing Justice Department legal opinions that prohibit the federal indictments of sitting presidents.

The lawsuit notes that the firings followed the release by Sen. Chuck Grassley, the Republican chair of the Senate Judiciary Committee, of documents about the election investigation — known as Arctic Frost — that he said had come from within the FBI. Those records included files showing that Smith’s team had subpoenaed several days of phone records of some Republican lawmakers, an investigative step that angered Trump allies inside Congress.

The complaint names as defendants Patel and Atty. Gen. Pam Bondi, accusing them of having orchestrated the firings despite being “personally embroiled” either as witnesses or attorneys in some of the legal troubles Trump has faced.

Patel, for instance, was subpoenaed to appear before a federal grand jury investigating Trump’s retention of classified documents at Mar-a-Lago and had his phone records subpoenaed, while Bondi was part of the legal team that represented Trump at his first impeachment trial, which resulted in his acquittal.

“And now, by virtue of presidential appointment to the pinnacle of federal law enforcement, Defendants are abusing their positions to claim victories that eluded them on the merits,” the lawsuit states.

Spokespeople for the FBI and the Justice Department declined to comment on the ongoing litigation. Patel and Bondi have said the fired agents and prosecutors who worked on Smith’s team were responsible for weaponizing federal law enforcement, a claim that was also asserted in their termination letters but that the plaintiffs call defamatory and baseless.

Fired agents call for ‘fundamental constitutional protections’

Dan Eisenberg, a lawyer for the agents, said in a statement that his clients were fired without any investigation, notice of charges or chance to be heard.

“This lawsuit seeks to reaffirm fundamental constitutional protections for FBI employees, ensuring they can perform their duties without fear or favor. We all benefit when law enforcement officers’ only loyalty is to facts and the truth,” said Eisenberg, who is with the firm of Emery Celli Brinckerhoff Abady Ward & Maazel.

The lawsuit asks for the agents to be reinstated to their positions and for a court declaration affirming that their rights had been violated. It also seeks to represent a class of at least 50 agents who have been terminated since Jan. 20, 2025, or will be. Those agents also stand to recover their jobs in the event the case is successful and the requested class-action status is granted.

Others have been fired too

Other fired employees who have sued include agents who were photographed kneeling during a racial justice protest in 2020; an agent trainee who displayed an LGBTQ+ flag at his workspace; and a group of senior officials, including the former acting director of the FBI, who were terminated last summer.

The firings have continued, with Patel last month pushing out a group of agents in the Washington field office who had been involved in investigating Trump’s hoarding of classified documents. Trump has insisted he was entitled to keep the documents when he left the White House and has claimed without evidence that he had declassified them.

Tucker writes for the Associated Press.

WASHINGTON — President Trump’s sweeping act of clemency for rioters who stormed the U.S. Capitol also should apply to a man charged with planting pipe bombs near the national headquarters of the Democratic and Republican parties on the eve of the Jan. 6, 2021, riot, the suspect’s attorneys argue in a bid to get his case dismissed.

In a court filing Monday, defense attorneys assert that Trump’s blanket pardons extend to the charges against Brian J. Cole Jr. because his alleged conduct on Jan. 5, 2021, is “inextricably tethered” to what happened at the Capitol the next day. They’re asking U.S. District Judge Amir Ali to throw out the case before trial.

Justice Department prosecutors didn’t immediately respond in writing to the defense’s request. In a previous court filing, prosecutors said Cole, under questioning by FBI agents, denied that his actions were related to the Jan. 6 proceedings at the Capitol.

On his first day back in the White House last year, Trump pardoned, commuted prison sentences and ordered the dismissal of all 1,500-plus people charged in the attack by a mob of his supporters.

Nearly a year later, Cole was arrested on charges that he placed two pipe bombs outside both the Republican and the Democratic national committees’ headquarters in Washington the night before the riot. The devices didn’t detonate before law enforcement officers discovered them Jan. 6.

Cole’s attorneys said the Justice Department’s framing of the case has explicitly linked Cole’s alleged conduct on Jan. 5 to the events of Jan. 6, when rioters disrupted the joint session of Congress for certifying Joe Biden’s electoral victory over Trump.

“That is not happenstance sequencing in time. It is the government’s theory of Mr. Cole’s alleged motive and context,” defense lawyers wrote. “According to the government, the timing was chosen because of what was scheduled to occur at the Capitol on January 6.”

They also argued that prosecutors’ theory of a possible motive places Cole’s alleged conduct “in the same political controversy that animated the January 6 crowd.”

In court filings, prosecutors have said that Cole confessed to investigators after his Dec. 4 arrest. He told FBI agents that he felt “bewildered” by conspiracy theories related to the 2020 presidential election and “something just snapped” after “watching everything, just everything getting worse,” prosecutors said.

Cole has remained jailed since his arrest. His attorneys have appealed Ali’s refusal to order Cole’s pretrial release from custody. The judge hasn’t set a trial date yet.

Cole, 30, of Woodbridge, Virginia, has been diagnosed with autism and obsessive-compulsive disorder. His attorneys say he has no criminal record.

Authorities said they used phone records and other evidence to identify him as a suspect in a crime that confounded the FBI for more than four years.

Kunzelman writes for the Associated Press.