(NEW YORK) — The Department of Justice and lawyers representing a group of FBI agents involved in investigating the Jan. 6 Capitol attack were in active negotiations Thursday to reach an agreement that would prevent the DOJ from publicly releasing the identities of any bureau employees currently under review for potential disciplinary action or firings.
The anonymous group of FBI agents is seeking a temporary restraining order to keep the FBI from releasing the names on a list the bureau collected as part of what the plaintiffs’ lawsuit says is the agency’s plan to engage in “potential vigilante action” to retaliate against government employees who worked on Jan. 6 cases or Donald Trump’s classified documents case.
U.S. District Judge Jia Cobb, in a hearing Thursday, said she was “sympathetic” to the argument that the public release of any names on the last would do serious damage — but the lawyers representing the agents struggled to provide evidence that the DOJ intends to publicly release the information, rather than use the material for an internal review as they have vowed in court filings.
“Our argument is that the threat to national security is so extreme that we cannot risk letting it happen first, and then trying to put it back together,” said attorney for the agents Margaret Donovan in arguing for the temporary restraining order.
“I appreciate that, and I’m sympathetic to that argument,” Judge Cobb said. “A fear of something happening is not sufficient, even if — you know — the fear is a serious one.”
Lawyers representing the plaintiffs warned that the Trump Administration and DOGE head Elon Musk have demonstrated a willingness to publicly name officials they’ve accused of wrongdoing, such as the 51 former intelligence officials who wrote a letter about the Hunter Biden laptop and were later stripped of their security clearances in a Day-1 executive order by President Donald Trump.
“We have seen Elon Musk, working for the so-called DOGE agency, release names of individuals in public service. We have seen Jan. 6 pardonees very active on social media around the time of the survey, anticipating that the names would be released,” Donovan said. “We have a good faith reason to believe that those names may get out.”
With the Department of Justice publicly vowing to keep the names of agents private, and the plaintiffs lacking clear evidence showing an intent to release the names, both sides reached an impasse after the morning hearing, with plans to negotiate in private before the hearing resumes.
“We’re in between somewhat of a rock and a hard place on all of that,” plaintiffs’ attorney Mark Zaid said.
In a court filing submitted Thursday morning, the Justice Department urged the judge hearing the case to reject the plaintiffs’ request to impose a restraining order blocking any public release of the list.
DOJ attorneys argued in the filing that the motion for the restraining order is based largely on speculation and that the FBI agents have failed to show they face any imminent threats in connection with the list.
Trump pleaded not guilty in 2023 to 40 criminal counts related to his handling of classified materials after leaving the White House, and, separately, to charges of undertaking a “criminal scheme” to overturn the results of the 2020 election. The classified documents case was dismissed last year by a federal judge, and both cases were subsequently dropped following Trump’s reelection in November due to a longstanding DOJ policy prohibiting the prosecution of a sitting president.
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