FBI whistleblower Marcus Allen: still waiting for US govt. to resolve his case

The Justice Department appears to be stonewalling Marcus Allen, an FBI whistleblower who had his security clearance stripped in January 2022 because he supported the January 6, 2021, pro-Trump demonstrations at the US Capitol, according to a copy of his suspension letter.

In May of 2023, Allen testified that his superiors at the FBI accused of holding conspiratorial views regarding January 6 and sympathizing with criminal conduct, though he had done nothing wrong.

He said he was retaliated against because he forwarded information calling into question FBI Director Christopher Wray’s public testimony about January 6.

Despite Allen’s history of unblemished service, the FBI suspended his security clearance, accusing him of being disloyal to his country, according to his advocates.

They also say Allen has not been paid by the FBI for nearly two years, and during that time has lost other employment and income opportunities, all while waiting for FBI approvals and internal appeals procedures that have been allegedly slow-walked by FBI bureaucrats.

The whistleblower advocacy group Empower Oversight has now filed a new Freedom of Information Act (FOIA) request. The group is seeking records about Allen’s request for permission to engage in outside employment, as well as records related to the requirement to receive FBI approval for outside employment when on unpaid leave.

The FBI’s actions against Allen mean he has not been able to receive a paycheck from anybody for nearly two years.

In a letter requesting the information, Tristan Leavitt, President of Empower Oversight, writes:

“The FBI has made other unlawful decisions that aggravate Mr. Allen’s financial distress by depriving him of other sources of income while he has been suspended indefinitely without pay. The crux of the FBI’s unlawful actions to interfere with Mr. Allen’s ability to obtain another income is that—although the FBI has suspended Mr. Allen from all duties for two years and has stated its intention to revoke his clearance and never return him to a duty status—it simultaneously claims that he remains an ‘employee’ subject to various FBI restrictions and approvals necessary for outside income. The FBI’s claim is plainly contrary to the statutory definition of a federal employee. The law defines a federal employee as someone who, among other things, is ‘engaged in the performance of a Federal function under authority of law or an Executive act; and…subject to the supervision of an individual…while engaged in the performance of the duties of his position.’ 5 U.S.C. § 2105(a)(2),(3).
“In defiance of this statutory definition, the FBI baldly asserts the authority to require Mr. Allen to obtain permission from the FBI before accepting outside employment. When he asked for such permission, the FBI unreasonably delayed responding to Mr. Allen’s good faith request for permission, causing him to lose an opportunity to mitigate the loss of his FBI income and causing him significant financial harm.”

The full FOIA request can be found here.

Empower Oversight says it is representing Allen along with the American Center for Law and Justice.