The Justice Department has agreed not to publicly release the names of FBI agents who worked on the now-closed investigation into the January 6, 2021, attack on the U.S. Capitol, according to a court order filed Friday.
The decision comes after a legal challenge by anonymous FBI agents and the FBI Agents Association, who sought to prevent the disclosure of the agents’ identities, citing concerns over safety and potential retaliation.
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The agreement reached following a hearing Thursday stipulates that the Justice Department will not disclose the list of agents’ names unless it provides two days’ notice to the affected individuals. The list, compiled by the FBI and transmitted to the Justice Department on Tuesday, includes the names of over 5,000 current and former FBI employees involved in the Jan. 6 investigations.
Natalie Bara, president of the FBI Agents Association, praised the court order, calling it a critical step to protect the agents who have dedicated their careers to upholding the rule of law.
“This is an important step in the right direction to protect those who protect us — FBI agents who have dedicated their careers to upholding the rule of law and defending our country,” Bara said in a statement. “This agreement provides critical safeguards, preventing immediate public exposure or retaliation and ensuring that FBI agents can remain focused on protecting the American people. We appreciate the court’s recognition of the serious concerns at stake.”
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The legal dispute began earlier this week when anonymous FBI agents and the FBI Agents Association filed lawsuits to block the Justice Department from releasing the list of agents’ names. U.S. District Judge Jia Cobb issued a temporary administrative stay, preventing the department from disclosing the list while negotiations continued.
The hearing was set to reconvene Friday but was canceled after the two sides reached an agreement. The Justice Department and the FBI agents’ lawyers will now file briefs regarding a more permanent injunction later this month, with a hearing scheduled for March 27.
The controversy stems from a memo issued last week by Acting Deputy Attorney General Emil Bove, who ordered Acting FBI Director Brian Driscoll to compile a list of all current and former FBI employees involved in the Jan. 6 investigations. The memo stated that the list was needed to “determine whether any additional personnel actions are necessary.”
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Initially, the FBI provided employee identification numbers and other identifying information for over 5,000 personnel who responded to a survey about their involvement in the Jan. 6 and Trump-related probes. However, Driscoll was later instructed to submit the actual names of the employees, which were transmitted to the Justice Department via a classified system.
Lawyers for the FBI agents argued that disclosing their identities would put them and their families at risk, especially given the heightened political tensions surrounding the Jan. 6 investigations.
They also warned that the list could be used to target agents for “adverse employment action” due to their involvement in the probes.
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