retribution

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.

MIAMI — Voting technology firm Smartmatic is seeking to dismiss a criminal indictment for money laundering, blaming President Trump and his allies for seeking its prosecution as part of a “campaign of retribution” against those they blame for his 2020 election loss.

Smartmatic’s parent company, UK-based SGO Corporation, was added to a criminal indictment last fall previously charging several executives with paying $1 million in bribes to election officials in the Philippines.

In a motion to dismiss the indictment filed Tuesday, attorneys for Smartmatic said the company had been cooperating with the Justice Department since it first learned of its investigation in 2021, including by producing millions of pages of documents and making presentations to federal agents. A trial date for the executives, including co-founder Roger Pinate, had been set and the company believed that it was in the clear.

But when Trump returned to the White House, the Justice Department reversed course and decided to press charges against Smartmatic. Attorneys for the company said the decision was prompted by Trump’s demands to prosecute his perceived enemies and his “mantra” that Smartmatic helped rig the 2020 U.S. presidential election won by Joe Biden — allegations that are at the heart of a $2.7-billion lawsuit filed by Smartmatic against the president’s allies in the media.

“The prosecution of SGO furthers their collective false narrative that President Trump did not actually lose the 2020 election,” Smartmatic said in the filing in Miami federal court.

The White House did not immediately respond to a request for comment.

Attorneys likened the prosecution to the Justice Department’s targeting of Kilmar Armando Ábrego García, a Salvadoran migrant who was criminally charged for conduct years earlier after he successfully sued the Trump administration over its decision to deport him.

In the years since the election, the filing states, “Smartmatic USA has exercised its right to hold those individuals and entities legally accountable for their deluge of defamatory statements and the attendant damage inflicts on its business, putting it squarely in the crosshairs for retribution.”

The criminal case against Smartmatic and its employees stems from payments, between 2015 and 2018, that were allegedly made to obtain a contract with the Philippine government to help run that country’s 2016 presidential election. Pinate, who no longer works for Smartmatic but remains a shareholder, has pleaded not guilty.

As part of the criminal case, prosecutors in August sought the court’s permission to introduce evidence they argue shows that revenue from a $300-million contract with Los Angeles County to help modernize its voting systems was diverted to a “ slush fund” controlled by Pinate through the use of overseas shell companies, fake invoices and other means.

They also accused Pinate of secretly bribing Venezuela’s longtime election chief by giving her a luxury home with a pool in Caracas. Prosecutors say the home was transferred to the election chief in an attempt to repair relations following Smartmatic’s abrupt exit from Venezuela in 2017 when it accused then-President Nicolas Maduro ’s government of manipulating tallied results in elections for a rubber-stamping constituent assembly.

Smartmatic was founded more than two decades ago by a group of Venezuelans who found early success running elections while the late Hugo Chavez, a devotee of electronic voting, was in power. The company later expanded globally, providing voting machines and other technology to help carry out elections in 25 countries, from Argentina to Zambia.

But Smartmatic has said its business tanked after Fox News gave Trump’s lawyers a platform to paint the company as part of a conspiracy to steal the 2020 election.

Fox said it was legitimately reporting on newsworthy events but eventually aired a piece refuting the allegations after Smartmatic’s lawyers complained. Nonetheless, it has aggressively defended itself against the defamation lawsuit in New York — arguing that the company was facing imminent collapse over its own internal misconduct, not due to any negative coverage.

Goodman writes for the Associated Press.