Top DOJ official says FBI employees who 'simply followed orders' on Jan 6 investigations won't be fired

FBI employees who "simply followed orders" with respect to their investigations into Jan. 6 defendants will not be fired or face any other penalties, Acting Deputy Attorney General Emil Bove confirmed in an internal memo.

Bove's memo this week accused Acting FBI Director Brian Driscoll of refusing to reply to requests from President Donald Trump's administration to identify "the core team in Washington, D.C. responsible for the investigation relating to events on January 6, 2021."

"That insubordination necessitated, among other things, the directive in my January 31, 2025 memo to identify all agents assigned to investigations relating to January 6, 2021. In light of acting leadership’s refusal to comply with the narrower request, the written directive was intended to obtain a complete data set that the Justice Department can reliably pare down to the core team that will be the focus of the weaponization review pursuant to the Executive Order," Bove wrote.

"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," Bove continued. "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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Acting leadership at the FBI is refusing to cooperate with President Donald Trump's administration, Acting Deputy Attorney General Emil Bove claimed in a memo. (AP/iStock)

"There is no honor in the ongoing efforts to distort that simple truth or protect culpable actors from scrutiny on these issues, which have politicized the Bureau, harmed its credibility, and distracted the public from the excellent work being done every day. If you have witnessed such behavior, I encourage you to report it through appropriate channels," he added.

Bove's latest memo comes after a group of nine FBI agents filed a lawsuit Tuesday seeking to block the public identification of any FBI employees who worked on the Jan. 6 investigations. 

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The plaintiffs, who filed the lawsuit anonymously in the U.S. District Court for the District of Columbia, said that any effort to review or discriminate against FBI employees involved in the Jan. 6 investigations would be "unlawful and retaliatory," and a violation of civil service protections under federal law.

Acting Deputy Attorney General Emil Bove, a former Trump attorney, directed the FBI acting director to fire seven specific employees by Monday.  (Angela Weiss - Pool/Getty Images)

The lawsuit cited the questionnaire employees were required to fill out detailing their specific role in the Jan. 6 investigation and Mar-a-Lago investigation led by former Special Counsel Jack Smith.

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Acting FBI Director Brian Driscoll is blocking the release of information on the FBI's investigations into Jan. 6, Bove said. (FBI)

President Donald Trump declined to answer questions on Monday over whether his administration would remove FBI employees involved in the investigation into the Jan. 6, 2021, U.S. Capitol riot, telling reporters only that he believes the bureau is "corrupt" and that his nominee for FBI director, Kash Patel, will "straighten it out."

Fox News' Breanne Deppisch contributed to this report

Anders Hagstrom is a reporter with Fox News Digital covering national politics and major breaking news events. Send tips to This email address is being protected from spambots. You need JavaScript enabled to view it., or on Twitter: @Hagstrom_Anders.