Agents ‘have started to pack up their desks” as fear of FBI mass firings swirls

As fear of mass firings swirls through the FBI, acting Director Brian Driscoll and an FBI agents group defended bureau workers in messages to staff on Saturday and continued to push back on apparent Trump administration efforts to force out FBI officials.

Trump praised the firings of eight top FBI career executives on Friday and pardoned nearly all the Jan. 6th rioters, including those who assaulted police officers, hours after he took office for his second term.

In a message to FBI staff on Saturday night, acting FBI director Driscoll said again that the Trump administration is seeking the names of every FBI agent who worked on the Jan. 6th investigations—a number he has said is in the thousands. 

“I 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,” Driscoll wrote. 

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 law enforcement officials who worked on the criminal investigations of the former president and his supporters who stormed the Capitol on January 6th. 

“This is completely uncharted waters,” said Pennsylvania State University Professor Douglas Charles, who specializes in the history of the FBI. “There 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.” 

Trump’s pick for FBI Director, Kash Patel, promised during his Senate confirmation hearing on Thursday that “all FBI employees will be protected from political retribution.”

But just over twenty-four hours later, Emil Bove, the acting Deputy Attorney General and Trump’s former defense lawyer, ordered Driscoll to remove the eight top FBI career executives and requested the names of all agents who worked on Jan 6th cases. 

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.

Agents association issues advice

On Saturday, the FBI Agent Association, an organization that represents agents but is not a union, issued a statement expressing concern about what they say are further efforts to force FBI agents to quit. 

“There are several amongst our ranks who are extremely fearful of being removed — and some of those have started to pack up their desks,” said a bulletin to members from the FBI Agents Association.

The FBI Agents Association message gave agents advice about what to do if they believe they are at risk of being fired. 

“Do NOT resign or offer to resign,” the message said. “While we would never advocate for physical non-compliance, you need to be clear your removal is not voluntary.”

“Stay calm and refrain from making any statements that could be deemed to violate the Hatch Act,” it added, referrring to law that bars federal civil servants from engaging in poltical activities. “If you are told you will be terminated, make sure you get the termination notice in writing and forward it to us ASAP.”

In his Saturday message, Driscoll pointed out that agents don’t pick the cases that are assigned to work on, and he said that merely working on a controversial matter is not evidence of misconduct.  

“As career special agents — and fellow FBI employees — 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,” he wrote. “So let it be absolutely clear that we do not view anyone’s identification on one of these lists as an indicator of misconduct.”

He went on to say that 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.

“This well-established process both ensures accountability and affords employees appropriate due process and review in accordance with existing policy and law,” he added. “That process and our intent to follow it have not changed.”

On Friday, the Society of Former FBI Agents also criticized apparent efforts to force out officials.

“We are very disturbed to learn that FBI employees are being subjected to requests for their resignation or retirement or face immediate summary dismissal,” the organization said. “These employees are not being provided a reason for such personnel actions and are not being afforded the required due process.”

On Friday, Driscoll refused to go along with an effort to fire a larger number of agents involved with January 6th cases so forcefully that some feared he would be fired, current and former FBI officials told NBC News. 

In a message that circulated widely among bureau personnel, an FBI agent summarized what happened as: “Bottom line — 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.”

A former FBI official who knows Driscoll well said, “He pushed back hard.”

A senior FBI official disputed the accounts of the current and former officials saying, “It’s not true.”