Three former senior FBI officials have initiated legal action against the Trump Administration, asserting they were dismissed as part of a “campaign of retribution” for not demonstrating “sufficient political loyalty.”
Former FBI Acting Director Brian J. Driscoll, Jr., former Assistant Director in Charge of the FBI’s Washington field office Steven J. Jensen, and former Special Agent in Charge of the agency’s Las Vegas field office Spencer L. Evans filed a lawsuit on Wednesday. They claim an infringement of their First and Fifth Amendment rights to due process, free association, and free speech.
The plaintiffs allege that FBI Director Kash Patel violated federal law and the Constitution, and “deliberately chose to prioritize politicizing the FBI over protecting the American people,” when he terminated the officials on August 8.
According to the lawsuit, prior to Driscoll’s own termination, the FBI director informed him that the Department of Justice and the White House had instructed Patel to fire anyone involved in a criminal investigation against President Donald Trump. Patel reportedly stated he had to carry out these dismissals as directed by his superiors to keep his own job.
“The FBI tried to put the President in jail and he hasn’t forgotten it,” the FBI Director said, as stated in the lawsuit.
The lawsuit claims Patel acknowledged that “the nature of the summary firings were likely illegal and that he could be sued and later deposed.”
In addition to Patel, the lawsuit names Attorney General Pam Bondi, the FBI, the Department of Justice, and the executive office of the President as defendants. The FBI declined to comment on the matter. TIME has sought comment from the Department of Justice.
During his confirmation hearings, Patel pledged to ensure that all FBI workers would be “held to the absolute same standard” and that they would be “protected against political retribution.” However, he did not directly respond to a question from Senator Richard Blumenthal of Connecticut regarding whether he would dismiss agents who worked on special counsel investigations into Trump. He also did not answer questions about whether he would resign if the White House asked him to do something illegal.
More recently, last month, Patel told FOX Business that every individual found to have “weaponized or participated” in criminal investigations into the President had been removed from leadership positions. He also stated that further action would be taken against any others found to be involved—a statement the plaintiffs contend damaged their reputation and future employment opportunities.
The complaint further details alleged instances both leading up to and in the days after Trump’s return to the White House. During this period, Driscoll reportedly faced what he considered inappropriate and politically motivated questions and pressure to comply in an effort to purge agencies.
It describes Driscoll being questioned in January about his voting preferences, his views on diversity, equity, and inclusion, and when he began supporting President Trump. The lawsuit states that the call was presented as an interview to assess Driscoll’s suitability for “a high-level position at the FBI,” even though he noted he was already holding a senior position at that time.
Also in January, the lawsuit alleges that Emil Bove—who has since been confirmed to serve as an appeals court judge—asked Driscoll to provide a list of officials who participated in the investigation into the January 6, 2021, Capitol attack.
That month, the Justice Department terminated more than a dozen officials who had worked on the federal criminal investigations into Trump.
Collectively, the plaintiffs noted they had a total of 60 years of service at the time of their dismissals and had received awards for their contributions. They would have been eligible for retirement once they reached 50 years of age. (Evans was also eligible for early retirement, although that option was not extended to him upon his termination.)
