Uncertainty, Turmoil Hit FBI, DOJ as Law Enforcement Groups Warn on Firings
New Attorney General Pam Bondi issued a slew of orders on her first day in office to remake the Department of Justice (DOJ) in the image of President Trump. Attorney General Bondi was confirmed by the Senate Tuesday.
Ahead of her confirmation, the Trump Administration moved to purge agents at the Federal Bureau of Investigation (FBI) and prosecutors who worked on President Trump’s criminal cases or on cases connected to the January 6, 2021 attacks.
Attorney General Bondi also ordered a review of cases brought against the president by prosecutors in New York.
It all ties into the administration’s goal of ending the “weaponization” of DOJ.
In a first day memo, the new attorney general wrote that DOJ attorneys must aggressively enforce “criminal laws passed by Congress, but must also vigorously defend “presidential policies and actions on behalf of the United States against legal challenges."
The memo says "any Justice Department attorney who declines to sign a brief, refuses to advance good-faith arguments on behalf of the Trump administration, or otherwise delays or impedes the Justice Department’s mission will be subject to discipline and potentially termination."
FBI, DOJ Employees in the Crosshairs
Bondi’s confirmation adds an additional layer of uncertainty to these already uncertain times at DOJ and the FBI and indeed the whole federal government.
Late last week, the Trump Administration fired the FBI’s entire senior leadership team as well as the heads of certain field offices.
The FBI was also ordered to provide the DOJ with a list of thousands of FBI employees who worked on investigations related to the January 6, 2021, attack on the U.S. Capitol. According to a memo from acting deputy attorney general Emil Bove, DOJ will not target rank and file employees if they “simply followed orders and carried out their duties in an ethical manner.”
At least two agents filed suit seeking to stop the list. In one of the lawsuits, agents say they were also asked whether they participated in the August 2022 raid on President Trump’s home at Mar-a-Lago.
Prosecutor Firings
Firings also occurred in the DC U.S. Attorney’s Office as acting US Attorney Ed Martin fired 30 prosecutors who investigated January 6 cases.
The Trump administration earlier fired prosecutors who worked on the criminal investigations of President Trump, including the investigation led by Special Counsel Jack Smith.
“You played a significant role in prosecuting President Trump. The proper functioning of government critically depends on the trust superior officials place in their subordinates,” wrote then acting Attorney General James McHenry. “Given your significant role in prosecuting the President, I do not believe that the leadership of the Department can trust you to assist in implementing the President’s agenda faithfully.”
Meanwhile, Kash Patel, President Trump’s nominee to lead the FBI, appears on track for confirmation.
Federal Groups React
Federal law enforcement groups were quick to react, especially on behalf of rank and file employees, pointing out that purging FBI and DOJ of career talent could jeopardize the nation’s safety and security.
In a joint letter to bipartisan congressional leadership, the Federal Bureau of Investigation Agents Association (FBIAA) and the Federal Law Enforcement Officers Association (FLEOA) said, “Put simply, Special Agents who risk their lives protecting this country from criminals and terrorists are now being placed on lists and having their careers jeopardized for carrying out the orders they were given by their superiors in the FBI. These actions, which lack transparency and due process, are creating dangerous distractions, imperiling ongoing investigations, and undermining the Bureau’s ability to work with state, local, and international partners to make America safe again.”
Reaction also poured in from the National Association of Assistant U.S. Attorneys (NAAUSA) which urged employees to stay focused amid turmoil.
“During this time, I encourage you to remain focused on the mission that has always guided us: the fair and impartial administration of justice,” wrote Kelly Reyes, NAAUSA Executive Director.
Employee Groups Formed
Meanwhile, DOJ employees are forming groups to fight back.
Justice Connection was formed to support employees who say they are facing professional and ethical crises under the new administration. The organization is led by Stacey Young, former president of the now shuttered DOJ Gender Equality Network (DOJ GEN).
The group wants to build a network of DOJ alumni to provide support like legal advice and whistleblower guidance to employees facing harassment, intimidation, or who feel they are being forced out of their jobs.
“DOJ employees are under attack like they have never been, and the call is coming from inside the house. Career law-enforcement agents, attorneys, support personnel, and so many others are the backbone of the Department of Justice. These unprecedented attacks on DOJ’s workforce are a deliberate effort to traumatize career civil servants and prevent them from doing their jobs,” said Young.
The group is receiving fiscal support from the Government Accountability Project.