As fear of mass firings swirls through the FBI, acting Director Brian Driscoll, the head of the bureau’s New York field office, and an agents group reassured staffers and pushed back against Trump administration efforts to force out FBI officials.<\/p>\n\n\n\n
The unease comes after President Donald Trump publicly praised the firings of eight top FBI career executives on Friday after pardoning nearly all the Jan. 6 rioters hours after he took office for his second term.<\/p>\n\n\n\n
In a message to FBI staff members Saturday night, Driscoll, the acting director, said again that the Trump administration is seeking the names of every FBI agent who worked on the Jan. 6 investigations \u2014 a number he has said is in the thousands. <\/p>\n\n\n\n
\u201cI want to assure you that we continue to work with the Department of Justice to better understand the purpose for which the lists I referenced yesterday are being sought,\u201d Driscoll wrote. <\/p>\n\n\n\n
On Sunday afternoon, the FBI Agents Association sent employees a notice that some agents had received an email from senior officials ordering them to respond to a \u201c12-question survey” asking about their involvement in Jan. 6 cases, according to two people who received it. <\/p>\n\n\n\n
\u201cWe have confirmed that this is accurate and we anticipate a large majority of our members will receive this,\u201d wrote the association, which represents agents but is not a union. \u201cAt this point in time, we recommend deferring to your division leadership on how to handle these surveys.\u201d <\/p>\n\n\n\n
Regarding one of the questions, the association recommended that agents respond with the following wording: “I have been told I am \u2018required to respond\u2019 to this survey, without being afforded appropriate time to research my answers, speak with others, speak with counsel or other representation.”<\/p>\n\n\n\n
The association recommended that they also write, \u201cTo the best of my ability and belief, I have performed my duties in accordance with … the Constitution of the United States.”<\/p>\n\n\n\n
Legal experts, as well as current and former FBI officials, say the Trump administration appears to be waging an unprecedented campaign of retribution against prosecutors and FBI agents who worked on the criminal investigations of Trump and his supporters who stormed the Capitol on Jan. 6, 2021. <\/p>\n\n\n\n
\u201cThis is completely uncharted waters,\u201d said Pennsylvania State University professor Douglas Charles, who specializes in the history of the FBI. \u201cThere have been times, different points, where the FBI has been reorganized. This is not that. … It just seems to be a wholesale dismantling of the independent culture of the FBI.\u201d <\/p>\n\n\n\n
Trump\u2019s pick for FBI director, Kash Patel, promised during his Senate confirmation hearing Thursday that \u201call FBI employees will be protected from political retribution.\u201d<\/p>\n\n\n\n
But just over 24 four hours later, Emil Bove, the acting deputy attorney general and Trump\u2019s former defense lawyer, ordered Driscoll to remove the eight top FBI career executives and requested the names of all agents who worked on Jan. 6 cases. <\/p>\n\n\n\n
If Patel is confirmed by the Senate, he could immediately remove Driscoll and collect the names of the agents who worked on Jan. 6 cases. Patel could place those agents on administrative leave, transfer them to new positions or attempt to fire them. The exact date of Patel’s Senate confirmation vote is not publicly known.<\/p>\n\n\n\n
On Saturday, the FBI Agents Association issued a statement expressing concern about what it said are further efforts to force FBI agents to quit. <\/p>\n\n\n\n
\u201cThere are several amongst our ranks who are extremely fearful of being removed \u2014 and some of those have started to pack up their desks,\u201d it said in a bulletin to members.<\/p>\n\n\n\n
The message gave agents advice about what to do if they believe they are at risk of being fired. \u201cDo NOT resign or offer to resign,\u201d the message said. \u201cWhile we would never advocate for physical non-compliance, you need to be clear your removal is not voluntary.\u201d<\/p>\n\n\n\n
\u201cStay calm and refrain from making any statements that could be deemed to violate the Hatch Act,” it added, referring to law that bars federal civil servants from engaging in political activities. “If you are told you will be terminated, make sure you get the termination notice in writing and forward it to us ASAP.\u201d<\/p>\n\n\n\n
In his message to FBI staff on Saturday, Driscoll pointed out that agents do not pick the cases that are assigned to work on, and he said that merely working on a controversial matter is not evidence of misconduct. <\/p>\n\n\n\n
\u201cAs career special agents \u2014 and fellow FBI employees \u2014 we know firsthand that none of us are assigned to matters based on anything other than the responsibilities of the roles in which we serve,\u201d Driscoll wrote. \u201cSo let it be absolutely clear that we do not view anyone\u2019s identification on one of these lists as an indicator of misconduct.\u201d<\/p>\n\n\n\n
He went on to say FBI agents are afforded civil service protections if they are referred for discipline. The rules are designed, in part, to prevent interference from elected officials in the bureau’s criminal investigations.<\/p>\n\n\n\n
\u201cThis well-established process both ensures accountability and affords employees appropriate due process and review in accordance with existing policy and law,\u201d he added. \u201cThat process and our intent to follow it have not changed.\u201d<\/p>\n\n\n\n
On Friday, the Society of Former FBI Agents also criticized apparent efforts to force out officials.<\/p>\n\n\n\n
\u201cWe are very disturbed to learn that FBI employees are being subjected to requests for their resignation or retirement or face immediate summary dismissal,” it said. “These employees are not being provided a reason for such personnel actions and are not being afforded the required due process.\u201d<\/p>\n\n\n\n
On Friday, Driscoll, the acting FBI director and the head of the bureau’s Newark field office, refused to go along with an effort to fire a larger number of agents involved with Jan. 6 cases, current and former FBI officials told NBC News<\/a>. Driscoll resisted so forcefully that some feared he would be fired.<\/p>\n\n\n\n In a message that circulated widely among FBI personnel, an FBI agent summarized what happened as: \u201cBottom line \u2014 DOJ came over and wanted to fire a bunch of J6 agents. Driscoll is an absolute stud. Held his ground and told WH proxy, DOJ, to F— Off.\u201d<\/p>\n\n\n\n A former FBI official who knows Driscoll well said, \u201cHe pushed back hard.\u201d<\/p>\n\n\n\n A senior FBI official disputed the accounts of the current and former officials, saying, \u201cIt\u2019s not true.\u201d<\/p>\n\n\n\n In a separate email on Sunday, the head of the bureau\u2019s Los Angeles field office, Akil Davis, reassured his employees about his status, according to multiple sources familiar with his message.<\/p>\n\n\n\n Davis dismissed media reports late last week that members of the FBI leadership team in Los Angeles had been removed, saying the team remained intact.<\/p>\n\n\n\n As for employees involved in January 6th cases, Davis acknowledged that the reviews were causing confusion and concern among employees but noted that he and other FBI leaders were in the process of addressing them, the sources said.<\/p>\n\n\n\n James Dennehy, the widely respected head of the FBI’s New York field office, vocally praised Driscoll in an email to his staff on Sunday, according to a person familiar with the matter.<\/p>\n\n\n\n A spokesperson for the FBI’s New York Field Office declined to comment on the email, which was first reported by the New York Times.<\/p>\n\n\n\n Dennehy, a former Marine who leads the largest FBI field office in the country, urged agents to \u201cdig in\u201d and praised Driscoll for defending the bureau’s independence.<\/p>\n\n\n\n \u201cToday, we find ourselves in the middle of a battle of our own as good people are being walked out of the F.B.I.,” Dennehy wrote. “And others are being targeted because they did their jobs in accordance with the law and F.B.I. policy.”<\/p>\n\n\n\n