Former FBI Agents Sue Director Kash Patel, Claim They Were Fired Over 2020 Kneeling Photo

A group of former FBI agents has filed a federal lawsuit alleging they were unlawfully dismissed after being photographed kneeling during a June 2020 protest in Washington, D.C., following the killing of George Floyd. The complaint names the FBI and Director Kash Patel and contends the terminations were politically motivated.

The suit alleges the decision to fire the agents originated at the White House and that Patel had already decided to remove them before officially joining the FBI earlier this year. It also notes that several senior FBI officials have separately sued Patel, claiming similar politically driven firings.

What the plaintiffs say: According to the complaint, the agents intentionally knelt during the demonstration as a tactical measure to de-escalate a crowd that had confronted law enforcement officers. The filing states, "As a result of their tactical decision to kneel, the mass of people moved on without escalating to violence," and characterizes some members of the crowd as "hostile individuals."

The agents argue their actions were apolitical and aimed at preserving life and maintaining order. They say their dismissals violated their constitutional rights, including protections under the First Amendment, because Patel and others treated the kneeling photograph as politically unaligned with former President Trump.

The complaint accuses Patel of circumventing the FBI's internal processes. It points to internal reviews in 2020 that reportedly concluded the agents did not violate the Hatch Act. When Patel sought the names of the agents shown kneeling, then-Assistant Director in Charge for the D.C. field office, Steven Jensen — who was later fired and is now suing Patel — recommended a routine internal investigation, the suit says.

"The record of the investigation established that each Plaintiff acted apolitically and tactically to de-escalate, with the goal of preserving American lives and maintaining order and not for any improper purpose," the suit states.

Despite those findings, the filing says Patel moved to terminate the agents in late September. In termination letters quoted by the complaint, Patel reportedly accused the agents of having "demonstrated unprofessional conduct and a lack of impartiality in carrying out duties, leading to the political weaponization of government."

The FBI declined to comment on the ongoing litigation. The lawsuit seeks to restore the agents' rights and challenges the legality of their dismissals, adding to broader questions about political influence and personnel decisions at the bureau.