FBI settles lawsuit out of fear of being caught retaliating against J6 whistleblower, attorney says

The FBI reached a settlement with a former agent-turned-whistleblower out of fear that the bureau would be discovered retaliating, an attorney for the whistleblower said. 

The watchdog group, Empower Oversight, said Tuesday that the FBI came to a settlement in a civil suit with Marcus Allen more than two years after he was suspended without pay. He said his suspension in February 2022 came in retaliation by the FBI after he raised concerns about the accuracy of FBI Director Christopher Wray's testimony to Congress about the Jan. 6, 2021, Capitol riot. 

"You shouldn't have to have an agency just acting in fear that they're about to be caught retaliating," Empower Oversight President Tristian Leavitt said on the "Just the News, No Noise" television show Tuesday.

Tensions first arose between Allen and the bureau after he made protected disclosures regarding FBI Director Christopher Wray's comments concerning the Jan. 6, 2021, capitol riot.

The settlement comes shortly before Justice Department Inspector General Michael Horowitz was set to release his findings in a probe about whether Allen was indeed the victim of retaliation. The settlement includes 27 months of back pay and benefits. Allen also resigned from the FBI on June 3. Separately, the agency restored his security clearance last week after Empower Oversight filed an appeal in October 2023 on behalf of Allen.

Leavitt called the settlement a "massive win," not only for Allen, but for "whistleblowers all around."

The settlement is also a "huge admission from the FBI," especially considering how the agency had accused Allen of being disloyal to the country, Leavitt also said.

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