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, the head of the bureau’s New York field office, and an agents group reassured staffers and pushed back against Trump administration efforts to force out FBI officials.

The unease comes after President Donald Trump publicly praised the firings of eight top FBI career executives on Friday after pardoning nearly all the Jan. 6 rioters hours after he took office for his second term.

In a message to FBI staff members Saturday night, Driscoll, the acting director, said again that the Trump administration is seeking the names of every FBI agent who worked on the Jan. 6 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. 

On Sunday afternoon, the FBI Agents Association sent employees a notice that some agents had received an email from senior officials ordering them to respond to a “12-question survey” asking about their involvement in Jan. 6 cases, according to two people who received it. 

“We have confirmed that this is accurate and we anticipate a large majority of our members will receive this,” wrote the association, which represents agents but is not a union. “At this point in time, we recommend deferring to your division leadership on how to handle these surveys.”  

Regarding one of the questions, the association recommended that agents respond with the following wording: “I have been told I am ‘required to respond’ to this survey, without being afforded appropriate time to research my answers, speak with others, speak with counsel or other representation.”

The association recommended that they also write, “To the best of my ability and belief, I have performed my duties in accordance with … the Constitution of the United States.”

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 FBI agents who worked on the criminal investigations of Trump and his supporters who stormed the Capitol on Jan. 6, 2021. 

“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 Thursday that “all FBI employees will be protected from political retribution.”

But just over 24 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. 6 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 Agents Association issued a statement expressing concern about what it said 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,” it said in a bulletin to members.

The 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, referring to law that bars federal civil servants from engaging in political 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 message to FBI staff on Saturday, Driscoll pointed out that agents do not 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,” Driscoll 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 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,” it said. “These employees are not being provided a reason for such personnel actions and are not being afforded the required due process.”

Support for Driscoll

On Friday, Driscoll, the acting FBI director and the head of the bureau’s Newark field office, refused to go along with an effort to fire a larger number of agents involved with Jan. 6 cases, current and former FBI officials told NBC News. Driscoll resisted so forcefully that some feared he would be fired.

In a message that circulated widely among FBI 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.”

In a separate email on Sunday, the head of the bureau’s Los Angeles field office, Akil Davis, reassured his employees about his status, according to multiple sources familiar with his message.

Davis dismissed media reports late last week that members of the FBI leadership team in Los Angeles had been removed, saying the team remained intact.

As for employees involved in January 6th cases, Davis acknowledged that the reviews were causing confusion and concern among employees but noted that he and other FBI leaders were in the process of addressing them, the sources said.

James Dennehy, the widely respected head of the FBI’s New York field office, vocally praised Driscoll in an email to his staff on Sunday, according to a person familiar with the matter.

A spokesperson for the FBI’s New York Field Office declined to comment on the email, which was first reported by the New York Times.

Dennehy, a former Marine who leads the largest FBI field office in the country, urged agents to “dig in” and praised Driscoll for defending the bureau’s independence.

“Today, we find ourselves in the middle of a battle of our own as good people are being walked out of the F.B.I.,” Dennehy wrote. “And others are being targeted because they did their jobs in accordance with the law and F.B.I. policy.”