Judge Denies Bid to Shield Identities of FBI Agents Tied to Jan. 6 Capitol Riot

A federal judge on Thursday denied a request to block the Department of Justice (DOJ) from disclosing the names of FBI agents involved in the investigations related to the Jan. 6, 2021, breach of the U.S. Capitol.

In a 32-page ruling, District Judge Jia Cobb dismissed a pair of lawsuits filed by several FBI agents and the FBI Agents Association that sought to prevent the DOJ from publicly identifying the agents who worked on investigating the breach.

The plaintiffs filed the lawsuits on Feb. 4 after the DOJ required certain FBI agents, including the plaintiffs, to complete a questionnaire about their work in the investigations into the Capitol breach.

They asked the court to issue a temporary restraining order, arguing that disclosing the identities of FBI agents involved would violate a federal privacy law and their First Amendment rights, while putting their lives and careers at risk.

Cobb ruled that the plaintiffs lacked legal standing to pursue their claims, noting that they were challenging only “hypothetical, future terminations and unspecified ‘adverse actions’ that may never occur.”

“Although Plaintiffs fear the repercussions of disclosure, a fear that something may happen in the future—even if that fear is serious and sincere—is not enough to bring a lawsuit,” Cobb said.

The judge stated that the plaintiffs’ amended complaints also failed to present sufficient allegations to support their claim that the DOJ would “imminently disseminate” their names or personal information.

“Plaintiffs’ claims are too speculative. They do not plausibly allege that defendants are about to engage in any of the conduct agents are worried about,” Cobb stated.

The FBI Agents Association stated that it was disappointed in the ruling and would review its legal options.

“Agent safety has and will always be our paramount concern. We filed this case to support and protect the dedicated FBI agents and employees who were assigned to investigations related to activities on January 6, 2021,” the group stated.

The DOJ did not respond to a request for comment by publication time.

In a Feb. 26 motion to dismiss the lawsuits, DOJ attorneys argued that the purpose of collecting the list of names was to conduct “an internal review” of potential misconduct in the investigations, not to subject dedicated special agents to “public insult or ridicule.”

The investigations have led to more than 1,500 criminal cases against President Donald Trump’s supporters accused of breaching the Capitol.

Acting Deputy Attorney General Emil Bove issued a memo on Jan. 31 directing the termination of eight named officials tied to the Jan. 6 Capitol breach investigations. Bove allegedly stated in the memo that their removals were necessary because he did not believe they could be trusted to carry out the Trump administration’s policy agenda, according to the ruling.

Reuters contributed to this report.