WASHINGTON — Three former FBI agents filed a class action lawsuit Tuesday seeking to regain their positions, claiming they were unlawfully terminated for participating in the investigation of Donald Trump’s attempts to reverse his 2020 election loss.
The federal court filing represents another legal challenge to FBI Director Kash Patel’s personnel overhaul, which has led to the dismissal of numerous agents over the past year due to their involvement in Trump-related investigations or perceived disloyalty to the Republican president’s policies.
While the Washington federal court lawsuit names only three agents, its request for class action designation could potentially allow dozens of agents terminated since Trump’s administration began to seek job restoration.
The dismissed agents — Michelle Ball, Jamie Garman and Blaire Toleman — lost their positions in October and November, which they characterize as part of a “retribution campaign” targeting their investigation work. According to the lawsuit, each agent served between eight and 14 years with “exemplary and unblemished” records and anticipated completing their careers with the bureau before their sudden termination without justification or opportunity to defend themselves.
“Serving the American people as FBI agents was the highest honor of our lives,” they said in a statement. “We took an oath to uphold the Constitution, followed the facts wherever they led and never compromised our integrity. Our removal from federal service — without due process and based on a false perception of political bias — is a profound injustice that raises serious concerns about political interference in federal law enforcement.”
The agents participated in an investigation that led to special counsel Jack Smith’s 2023 indictment charging Trump with illegally attempting to reverse his presidential election loss to Democrat Joe Biden in 2020. Smith later dropped this case and a separate classified documents case following Trump’s 2024 election victory, citing Justice Department policies preventing federal prosecution of sitting presidents.
According to the lawsuit, the terminations occurred after Senate Judiciary Committee Republican Chairman Chuck Grassley released internal FBI documents regarding the election investigation, codenamed Arctic Frost. These materials revealed that Smith’s team had obtained phone records from several Republican legislators through subpoenas, angering Trump’s congressional supporters.
The legal action names Patel and Attorney General Pam Bondi as defendants, alleging they orchestrated the dismissals despite being “personally embroiled” as witnesses or legal representatives in Trump’s various legal matters.
Patel received a federal grand jury subpoena and had his phone records obtained during the Mar-a-Lago classified documents investigation, while Bondi served on Trump’s legal team during his first impeachment trial, which ended in acquittal.
“And now, by virtue of presidential appointment to the pinnacle of federal law enforcement, Defendants are abusing their positions to claim victories that eluded them on the merits,” the lawsuit states.
FBI and Justice Department representatives did not respond immediately to requests for comment. Patel and Bondi have maintained that the terminated agents and Smith’s team prosecutors weaponized federal law enforcement, an accusation included in termination letters but dismissed by plaintiffs as defamatory and groundless.
Attorney Dan Eisenberg, representing the agents, stated his clients faced dismissal without investigation, formal charges, or hearing opportunities.
“This lawsuit seeks to reaffirm fundamental constitutional protections for FBI employees, ensuring they can perform their duties without fear or favor. We all benefit when law enforcement officers’ only loyalty is to facts and the truth,” said Eisenberg from Emery Celli Brinckerhoff Abady Ward & Maazel LLP.
The legal filing requests agent reinstatement and a court declaration confirming their rights violations. It seeks to represent a class of at least 50 agents terminated since January 20, 2025, or facing future dismissal. These agents could also recover their positions if the case succeeds and receives class action approval.
Additional dismissed employees pursuing legal action include agents photographed kneeling during 2020 racial justice protests, an agent trainee who displayed an LGBTQ+ flag at his workspace, and senior officials including the former acting FBI director terminated last summer.
Dismissals have continued, with Patel recently removing Washington field office agents involved in investigating Trump’s classified document retention. Trump maintains he had authority to keep the documents upon leaving office and claims without evidence that he declassified them.
