ACLJ Sues on Behalf of Empower Oversight To Expose Politicized FBI Security Division’s Targeting of Whistleblower Marcus Allen

January 30

3 min read

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Today, as the U.S. Senate considered the nomination of Kash Patel to lead the FBI, the ACLJ filed a lawsuit on behalf of our client, Empower Oversight, against the FBI and the DOJ for their refusal to comply with five Freedom of Information Act (FOIA) requests related to the case of vindicated FBI whistleblower Marcus Allen. The lawsuit, in the U.S. District Court for the District of Columbia, alleges that the FBI and DOJ ignored statutory deadlines and unlawfully withheld records.

Allen made protected disclosures regarding congressional testimony of FBI Director Christopher Wray following the events of Jan. 6, 2021. The FBI retaliated against Allen, a decorated U.S. Marine combat veteran, by falsely accusing him of disloyalty to the United States and illegally suspending him without pay for more than two years. In October 2023, Empower Oversight filed Allen’s appeal based on evidence contradicting the FBI’s claims from its own files. The ACLJ worked closely with Empower Oversight on this case.

During the 27 months Allen was improperly suspended, he lost other employment and income opportunities while waiting for FBI approvals and internal appeals procedures that were slow-walked by bureaucrats. In July 2024, the FBI fully reinstated Allen’s security clearance after improperly revoking it.

“The FBI and DOJ’s ongoing refusal to comply with our FOIA requests is a blatant disregard for transparency and accountability,” said Tristan Leavitt, President of Empower Oversight. “We know major changes need to be made at the FBI and the Justice Department, and these documents can shed light on just how much work the new Administration needs to do.”

The ACLJ and Empower Oversight’s work with Allen has helped bring to light a pattern of improper politicization in the FBI’s Security Division. Beyond the politicization of the office, the whistleblower organization learned of allegations of retaliation against those who resisted weaponizing the security clearance process but were overruled by leadership.

Empower Oversight’s FOIA requests, submitted between February and September 2024, sought records pertaining to communications by DOJ and FBI officials about Allen, especially as they relate to the security division’s decisions regarding his clearance and reinstatement, FBI policy on individuals on unpaid suspension, and charitable contributions. The FBI and DOJ have either failed to respond to these requests or denied them without providing adequate justification.

“The FBI Deep State has not only tried to silence and punish lawful whistleblowers, but they have also repeatedly refused to respond to FOIA requests in direct violation of federal law,” said Jordan Sekulow, ACLJ Executive Director. “Today’s lawsuit is the next step in not only advancing the cause of protecting brave whistleblowers like our client Marcus Allen – who, working with Empower Oversight, we helped win back his security clearance – but it is also the next step in holding the bureaucratic Deep State accountable.”

The lawsuit seeks an order from the court requiring the FBI and DOJ to conduct a thorough search for responsive records, produce all non-exempt records, and provide a Vaughn index of any records withheld under a claim of exemption.

The lawsuit can be found here.

The FOIA requests can be found here: