“As a result of their tactical decision to kneel, the mass of people moved on without escalating to violence,” states the suit, which contrasts the tactic favorably against the actions of British soldiers at the 1770 Boston Massacre. “Plaintiffs did not need to discharge their firearms that day. Plaintiffs saved American lives.”
Still, the agents’ actions received swift backlash. In 2023, then-Rep. Matt Gaetz (R-Fla.) sent a letter to Trump-appointed FBI Director Christopher Wray, demanding answers about the situation. President Donald Trump, who was out of office at the time, reposted an article on Gaetz’s letter to his own social media.
But shortly after the June 4 incident, FBI and DOJ leadership — including Wray and the FBI’s then-Deputy Director David Bowdich — determined the agents had acted apolitically and in compliance with bureau policy, the lawsuit says.
“These agents defused a dangerous situation without firing a single shot. Isn’t that exactly what we want from law enforcement?” said John Kuchta, who represents one of the agents, in a statement.
Patel triggered another review of the case this year, despite some agents no longer being with the FBI. Once again, the review concluded that the need for discipline was unnecessary, the filing says.
Still, all 12 agents received identical single-page letters from Patel accusing them of “unprofessional conduct and a lack of impartiality in carrying out duties, leading to the political weaponization of government,” according to the lawsuit.
The former agents are seeking reinstatement at the FBI, back pay and other damages.
The White House referred POLITICO to FBI for comment. The Justice Department and FBI declined to comment.
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