Twelve former FBI agents have filed a lawsuit against the Federal Bureau of Investigation (FBI) and Kash Patel, alleging unlawful termination. The lawsuit stems from an incident in June 2020 where the agents knelt during a racial justice protest in Washington, D.C. The plaintiffs, who collectively possessed nearly 200 years of experience, are seeking reinstatement to their previous positions and back pay, contending their dismissals were politically motivated and violated their constitutional rights.
Background of the Incident
The lawsuit centers on events that occurred on June 4, 2020, during racial justice protests in Washington, D.C., near the National Archives building. These protests took place in the aftermath of the killing of George Floyd by a police officer in Minneapolis.
The agents, comprising nine women and three men, stated they were deployed without specific training for crowd control and were not equipped with riot shields, gas masks, or helmets. They described the situation as "dangerous" and felt "ill-prepared," noting they were outnumbered at the scene. According to their legal filing, the agents made a "considered tactical decision" to kneel during the protest. They maintain this action was intended to de-escalate tensions and "avoid triggering violence" between law enforcement and protestors, rather than to express a specific political viewpoint.
The kneeling incident subsequently gained traction on social media, and former President Trump commented on the matter. A Justice Department inspector general review, concluded in 2024, found no misconduct related to the agents' actions.
The Dismissals and Allegations
The agents were fired in September, approximately four years after the June 2020 incident. Their dismissal letters, signed by Kash Patel, cited "unprofessional conduct and a lack of impartiality in carrying out duties, leading to the political weaponization of government." "A lack of impartiality" was also specifically noted.
According to the lawsuit, a new investigation into the agents' actions was initiated after Kash Patel became involved in agency leadership this year. The plaintiffs allege that this investigation and their subsequent dismissals constituted retaliation. They contend that the dismissals bypassed typical procedures for FBI misconduct probes and that Patel deviated from commitments he made during a previous confirmation hearing regarding respecting internal review processes.
The former agents further claim they were "targeted" because their tactics on that day led to a "perceived lack of affiliation" with then-President Donald Trump. Prior to their termination, several agents were reportedly removed from supervisory positions. The plaintiffs also assert that their abrupt departures disrupted ongoing operations, including evidence collection related to an assassination in Utah and support for an executive order concerning Washington, D.C.
Responses and Legal Context
Kash Patel has previously denied accusations that personnel changes at the agency were politically motivated. The White House has stated that Patel is "a critical member of the president's team" who is "working tirelessly to restore integrity to the FBI."
The lawsuit asserts violations of the agents' First Amendment rights (freedom of association) and Fifth Amendment rights (due process). This legal action follows a separate lawsuit filed by former FBI acting director Brian Driscoll and others, who also allege politically motivated termination.
The FBI has declined to comment on the ongoing litigation.