ACLJ To Represent Courageous FBI Whistleblower Garret O’Boyle Against Unconstitutional Retaliation and Retribution From Biden’s FBI for Repeatedly Exposing FBI Misconduct and Corruption


Jay Sekulow and Jordan Sekulow

August 1, 2023

The ACLJ now represents FBI whistleblower Garret O’Boyle as he faces unconstitutional retaliation from Biden’s FBI for exposing numerous instances of misconduct, corruption, and political favoritism.

FBI Special Agent Garret O’Boyle has, on numerous occasions, followed federal whistleblower protocols in a lawful manner to expose corruption and deserves the full protection of federal whistleblower statutes and the United States Constitution. You’ll recall that Garret made headlines with his ominous congressional testimony earlier this summer: “The FBI will crush you. This government will crush you and your family if you try to expose the truth about things that they are doing that are wrong. And we are all examples of that.”

In fact, without O’Boyle’s courage and willingness to come forward to Congress, we may never have known that the FBI was weaponizing threat tags to target pro-lifers in the wake of the Dobbs decision last year that overturned Roe v. Wade. In the face of increasing violence against pro-life Americans and pro-life Pregnancy Resource Centers, Biden’s FBI decided to target peaceful pro-lifers, and it was Special Agent O’Boyle who brought this travesty to light before Congress. Now it is Special Agent O’Boyle who finds himself the target of FBI retribution.

This brave FBI whistleblower has been indefinitely suspended without pay after the FBI indefinitely suspended his security clearance in September 2022. The administrative law judge who reviewed his claim was ostensibly prevented by antiquated jurisprudence (Dep’t of the Navy v. Egan, 484 U.S. 518, 530-31 (1988) and its progeny), which is unfortunately still on the books, from looking at the actual underlying reason his clearance was suspended in the first place, i.e., whether the suspension was unlawful retaliation by the FBI for Garret’s whistleblowing. An Article III court will not review his claim until his administrative remedies are exhausted, which, thus far, has taken almost a year.

That is a year without pay for a man trying to feed his family and pay the bills.

In other words, the FBI is allowed to indefinitely suspend the security clearance of a whistleblower, then suspend them without pay for lacking a clearance, with no real judicial review for at least a year – essentially circumventing the whistleblower protection laws enacted by Congress and the whistleblower’s due process rights protected by the U.S. Constitution.

This application of the law disincentivizes federal whistleblowers at a time when we need whistleblowers, especially at the FBI, DOJ, and IRS, more than ever.

In a season of heightened scrutiny on the seemingly endless parade of FBI abuses, this case is especially weighty. Not only is this case critical to holding the FBI accountable, but it will also impact other whistleblower cases. In fact, we are aware of numerous whistleblowers who would come forward if they were actually protected from retaliation.

As Special Agent O’Boyle recently testified before Congress, there are “a lot” of other agents who are afraid of being “crushed” by Biden’s Deep State for daring to speak out.

Without whistleblowers, we would not know about many of the biggest scandals today, including the DOJ’s attempt to give the President’s son, Hunter Biden, a sweetheart plea deal after blocking further investigations into him. You’ve seen them testifying before Congress – brave men and women in the FBI, DOJ, IRS, and other Deep State agencies willing to come forward – risking their careers and their livelihoods – to defend the Constitution.

Unfortunately, the FBI has exploited an outdated legal precedent, Dept’ of the Navy v. Egan, to circumvent all meaningful whistleblower protections. It can remove security clearance for ANY reason, and the administrative tribunals are prevented from questioning it, allowing the FBI to essentially muzzle anyone who would dare blow the whistle on corruption within its ranks. This is repugnant to our constitutional republic, and we are prepared to take this case all the way to the Supreme Court if necessary.

In fact, that’s precisely what we plan to do. Our next step, though, will be filing an appeal at a federal appellate court. This will be the first actual Article III court to hear Garret’s legal positions. In other words, this will be his first day in court. We are pleased to represent him along with the Binnall Law Group.

We are not only taking on Garret’s case, but we are also working to take on many more whistleblower cases as well. Through our Government Accountability Project, we have filed dozens of Freedom of Information Act (FOIA) requests and lawsuits. Now we are legally fighting to protect whistleblowers in federal court. We’re mobilizing a legal team to directly engage more of these cases, as whistleblowers are a critical element of the legal defense of our constitutional republic.

We will continue to keep you updated on this important case and the new whistleblower clients we take on. This will be a major undertaking for the ACLJ, and you can take action with us. We need you. Join us.