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The FBI has complied with a US justice department demand for a list of names of agents who worked on investigations related to the 6 January 2021 insurrection, ending a weeklong standoff and further raising fears among bureau employees of retaliation from Donald Trump’s second presidential administration.
The acting FBI director, Brian Driscoll, said in an email reported by CNN that he had warned the department of the consequences of not keeping the names private.
“I want to be clear that as of now we do not have information indicating the Department of Justice intends to disseminate these lists publicly, and they are fully aware of the risks we believe are inherent in doing so,” he wrote.
“We will let you know immediately if we learn the department’s intentions regarding these lists changes.”
The FBI on Tuesday handed over particulars, excluding names, of 5,000 to 6,000 agents who worked on various cases related to the January 6 attack and Trump’s illegal efforts to stay in power after losing the 2020 presidential election to Joe Biden.
The data, submitted to at least partially comply with an order from the acting deputy attorney general, Emil Bove, last month demanding information, included employee numbers, job titles and job roles.
Two groups of unnamed agents filed a lawsuit against the justice department the same day seeking to block it from collecting and disseminating personal details they alleged would breach privacy protections and lead to retaliation by Trump and his allies after he won the presidency back in November.
They noted that the president had previously personally ordered the firing of more than a dozen prosecutors who worked on now collapsed criminal cases against him – and expressed their belief they were likely to be terminated “in the very near future”.
The lawsuit seeks a restraining order against the justice department from publicly releasing the names, which they say would amount to doxing. The case will continue in Washington DC on Friday when the district court judge Jia Cobb will determine whether to extend a temporary order.
Bove, in an email on Wednesday, said the purpose of requesting the information was not for retaliation, but to ensure proper procedures and practices were followed during the course of the investigations.
“Let me be clear: No FBI employee who simply followed orders and carried out their duties in an ethical manner with respect to January 6 investigations is at risk of termination or other penalties,” he wrote.
“The only individuals who should be concerned about the process initiated by my January 31, 2025, memo are those who acted with corrupt or partisan intent, who blatantly defied orders from department leadership, or who exercised discretion in weaponizing the FBI.”
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He also accused FBI leadership of “insubordination” in refusing to identify “the core team in Washington DC” that handled the prosecutions of Trump and his associates.
Driscoll, in his email, acknowledged to agents he had “concerns for the safety of our personnel, and the risks posed to you and your families should these lists become public”.
The Guardian reported this week that Driscoll has refused to endorse any effort to start mass purges at the FBI, according to people familiar with the matter. But his own position might be under scrutiny, given that he and his deputy, Robert Kissane, both worked on January 6-related cases.
The lawsuit also revealed details of a questionnaire sent to FBI agents by the justice department seeking knowledge of their roles and ranks, and any specific responsibilities they had.
It included questions about whether they had arrested suspects, helped with evidence collection, submitted or reviewed grand jury subpoenas, interviewed witnesses, led a search warrant, or testified at trial, among other actions.
