Judicial Watch: Decorated Veteran and FBI Analyst Sues FBI after Being Falsely Accused of Disloyalty to the United States

‘Multiple whistleblowers have called it a “purge” of FBI employees holding conservative views’ – Rep. Jim Jordan 

(Washington, DC) – Judicial Watch announced today that it filed a lawsuit on behalf of FBI analyst Marcus Allen in the U.S. District Court for the District of South Carolina against FBI Director Christopher Wray for violating Allen’s constitutional rights by falsely accusing him of holding “conspiratorial views,” stripping his security clearance, and suspending him from duty without pay (Marcus O. Allen v Christopher Wray (No. 22-cv-04536)). The FBI revoked his security clearance because apparently the FBI believes that any views contrary to its own regarding what occurred on January 6 constitutes disloyalty to the United States.

The new lawsuit details Allen’s outstanding military and FBI service:

Because of his outstanding military service, [Allen] was awarded the Navy and Marine Corps Commendation Medal and the Navy and Marine Corps Achievement Medal. In 2004, [Allen] was designated the Marine Corps Intelligence Activity Runner-Up for Intelligence NCO of the year. 

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In 2015, [Allen] joined the FBI as a staff operations specialist. Among other tasks, he has provided ad hoc all-source analytical support to the FBI Charlotte Field Office Joint Terrorism Task Force. He has consistently been rated “Exceeds Fully Successful” on his FBI performance evaluations. He received the FBI Charlotte Field Office Employee of the Year Award in 2019.

[Allen] first received a Top Secret security clearance in early 2001.

Despite Allen’s exemplary service, in a January 10, 2022, letter the FBI asserted:

The Security Division has learned you have espoused conspiratorial views both orally and in writing and promoted unreliable information which indicates support for the events of January 6th. These allegations raise sufficient concerns about your allegiance to the United States and your judgment to warrant a suspension of your clearance pending further investigation.

In a February 17, 2022, letter the FBI further notified Allen that he was being placed on administrative leave without pay due to the suspension of his security clearance. 

The lawsuit states: 

[Allen’s] allegiance is to the United States, as he has demonstrated during his years of exemplary military and law enforcement service to his country.

[Allen] was not involved in the events of January 6 and did not support them in any material way. The FBI has made no allegation or offered any evidence to the contrary.

 [Allen] has expressed no view that could be reasonably interpreted as personally expressing support or sympathy for any unlawful activity that occurred on January 6. 

 The FBI has not identified any specific statements or actions supporting its contention that Plaintiff has done otherwise.   

Judicial Watch contends that the FBI did not give Allen a chance to clear himself, despite his repeated inquiries. In early May 2022, however, the FBI requested that Allen appear for an interview. He promptly complied. The interview request came only days after FBI Director Wray was confronted by members of Congress over concerns that the FBI was weaponizing the security clearance process to target politically conservative employees. Since that time, Allen has received no further word on the status of the FBI’s investigation.    

On June 7, 2022, Rep. Jim Jordan, ranking member of the House Judiciary Committee, sent a letter to Wray regarding the firing of FBI employees, noting that, “Multiple whistleblowers have called it a ‘purge’ of FBI employees holding conservative views.”

The lawsuit alleges several violations of Allen’s First and Fifth Amendment rights and asks that Allen’s security clearance and employment be restored.

“The FBI can’t purge employees based on political smears. Judicial Watch seeks to remind the FBI that it is not above the law with this civil rights lawsuit for Mr. Allen, a decorated Marine veteran and highly regarded FBI employee,” said Judicial Watch President Tom Fitton.”

Ruth C. Smith of the Elmore and Smith Law Firm in Asheville, N.C., is assisting with the suit. Allen is being represented in his administrative security clearance case by Sean Bigley and Jeffrey Billett of Bigley Ranish, LLP.   

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