Driscoll v. Patel — Politicization of Law Enforcement (DC)

On Jan. 31, 2025, just two weeks into President Trump’s second term, Justice Department officials ordered Brian Driscoll, then the acting director of the FBI, to fire senior agency leaders and provide a list of employees who worked on investigations related to the Jan. 6, 2021, attack on the U.S. Capitol.

Driscoll initially refused, writing in a message to agents that “we are going to follow the law, follow FBI policy, and do what’s in the best interest of the workforce and the American people — always.”

Eventually, under pressure from the administration, Driscoll provided some information but did not include agents’ names.

In August 2025, FBI Director Kash Patel fired Driscoll and four others.

The FBI Agents Association, a nonpartisan nonprofit organization that supports former FBI agents, condemned Driscoll’s firing. “No FBI Agent—regardless of their rank or assignment—should be dismissed without adhering to the legally required fair and transparent process,” the organization said in a statement.

On Sept. 10, 2025, Driscoll and two of the others fired sued Patel, alleging that their terminations were part of a broader purge of officials who weren’t loyal to Trump.

The agents also allege that Patel acknowledged that firing the agents would likely be illegal, but that he did so anyway to keep his job.

On Feb. 18, 2026, 16 university professors and scholars represented by States United filed a brief in the case, warning that the politicization of law enforcement agencies like the FBI undermines the rule of law and urging the judge to reject the Trump administration’s motion to dismiss the case.

The brief discusses similarities between Patel’s firings and purges conducted by law enforcement agencies in backsliding democracies and rising autocracies abroad.

“From our scholarship and research, we know that the illegitimate firing of law enforcement officials for retributive purposes, such as the firings at issue here, can lead to eventual capture of law enforcement as an institution, and can have outsized effects on the rule of law and adherence to democratic principles,” the professors write.

Later, they add, “It is thus essential that such firings be quickly and decisively halted through judicial review based on well-established legal principles.”

The group also notes that the administration has fired many other officials who are perceived as disloyal to Trump and threatened to fire even more. “In such circumstances, the courts must not shy away from carefully reviewing the terminations to protect the integrity of the judicial system and the rule of law,” they write.

The Trump administration filed its motion to dismiss the case on Jan. 20, 2026. Plaintiffs filed their response to the administration’s motion on Feb. 17.

• Amicus brief (filed Feb. 18, 2026)
• Complaint (filed Sept. 10, 2025)

• Lawfare: A Primer on FBI Personnel Disputes (Oct. 29, 2025)
• The New York Times: White House Exerts Enormous Influence Over F.B.I., Lawsuit Says (Sept. 10, 2025)
• The Hill: Trump administration fires ex-acting FBI director seen as champion of rank-and-file staff (Aug. 7, 2025)