Former FBI Agents Sue Bureau Over Dismissal After Kneeling During 2020 Protests

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Former FBI Agents Initiate Legal Action Against Bureau

Twelve former FBI agents have filed a lawsuit against the Federal Bureau of Investigation (FBI) and its director, alleging unlawful termination. The agents were dismissed earlier this year following an incident in June 2020 where they kneeled during racial justice protests in Washington, D.C.

Background of the Incident

The plaintiffs, who collectively possessed nearly 200 years of experience, stated they had not received specific training for crowd control nor were they equipped with riot shields, gas masks, or helmets when deployed to protests in Washington, D.C., in June 2020. Court documents indicate that the agents were outnumbered and positioned near the National Archives building. They maintain that their decision to kneel was intended to de-escalate the situation, which they perceived as volatile, and not to express a specific political viewpoint.

The kneeling incident subsequently gained traction on social media. Former President Trump made a negative statement regarding the matter. In 2024, a review by the Justice Department inspector general concluded that no misconduct had occurred.

Dismissal and Allegations of Retaliation

According to the lawsuit, after Kash Patel assumed the role of FBI Director this year, a new investigation was initiated into the agents' actions. The plaintiffs allege that this investigation and their subsequent dismissals constituted retaliation. Several agents were reportedly removed from supervisory positions prior to their termination.

The agents were fired in September, with their dismissal letters, signed by Director Patel, citing "unprofessional conduct and a lack of impartiality in carrying out duties, leading to the political weaponization of government." The lawsuit contends that these dismissals bypassed typical procedures for FBI misconduct probes.

During his confirmation hearing, Director Patel had stated he would respect the internal review process. The lawsuit alleges that Patel deviated from this commitment for political reasons. The plaintiffs further claim 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.

Legal Claims and Requested Remedies

The lawsuit asserts violations of the agents' First Amendment rights (freedom of association) and Fifth Amendment rights (due process). The former agents are seeking reinstatement to their previous positions and back pay.

The FBI has declined to comment on the ongoing litigation.