FBI specialist whose US ‘allegiance’ was questioned over Capitol riot claims regains security clearance
An FBI staffer punished for harboring so-called “conspiratorial” views about the Jan. 6, 2021, Capitol riot has regained his security clearance as part of a settlement with the bureau — and won back pay lost while on ice, according to a whistleblower nonprofit that represented him.
Staff operations specialist Marcus Allen was informed May 31 that his top secret security clearance had been reinstated following his suspension over “security concerns” about his “allegiance to the United States,” a letter from the FBI’s HR department shows.
Empower Oversight President Tristan Leavitt, whose group represented Allen, sent a letter to Justice Department Inspector General Michael Horowitz on Tuesday to formally withdraw retaliation complaints filed on the G-man’s behalf.
Allen had his security clearance revoked after he shared open-source news articles with FBI agents that “questioned the FBI’s handling of the violence at the Capitol,” according to a House Judiciary Committee report on his protected disclosures to Congress.
Allen shared concerns about FBI Director Christopher Wray giving “untruthful” testimony to Congress about concerning the degree of involvement of confidential human sources on January 6th.
“There is a good possibility the DC elements of our organization are not being forthright about the events of the day or the influence of government assets,” Allen later wrote in a letter to his leadership chain, which led to his security clearance being pulled.
Former FBI Washington field office assistant director-in-charge Steven D’Antuono told the Judiciary panel in a transcribed interview last year that the bureau did not know how many paid informants were present on Jan. 6, 2021, and had to conduct an audit to find out afterward.
Allen resigned from the FBI on Monday and was awarded full back pay and benefits for the 27 months he was “unjustly suspended,” Leavitt said, citing a settlement agreement.
“Mr. Allen and his family had to survive on early withdrawals from their retirement accounts in order to continue administratively challenging the FBI’s improper revocation of his security clearance,” he wrote to Horowitz.
“For 13 of those months Mr. Allen also waited on your office to complete and report on its investigation into the FBI’s abuse of the security clearance process to retaliate against him,” he added.
“While waiting for your office to complete its work and for the FBI to consider our appeal of his clearance revocation, the Bureau denied Mr. Allen’s request to accept other employment and even argued that his family could not accept charitable donations from the public because he was technically still subject to gift rules—although he had no pay and no official duties for more than two years.”
The IG released its report on May 14, confirming at least 106 agents were retaliated against for an average of nearly 18 months each.
“The FBI’s decision to reinstate whistleblower Marcus Allen’s security clearance is a total vindication for a great patriot,” Judiciary chairman Jim Jordan (R-Ohio) said in a statement.
“Marcus bravely stood up to expose misconduct at the FBI, despite attacks from FBI bureaucrats and congressional Democrats,” he added, calling on the FBI to reinstate the security clearances of bureau whistleblowers Garret O’Boyle and Stephen Friend, who testified to Jordan’s panel last year alongside Allen.
Leavitt urged Horowitz to disclose the full findings of his retaliation probe to let Congress and the public know “about the extent of the FBI’s abuse of the security clearance process” against whistleblowers.
“Until there is sunlight and accountability for the FBI’s abuses in this case, the chilling effect on future whistleblowing at the FBI cannot be overstated,” Leavitt wrote, adding his client had endured “false accusations” from members of Congress and the press.
“While we can’t comment on the specifics of any settlement, both parties agreed to resolve this matter without either admitting wrongdoing. Any allegation that the Director lied to Congress is false,” the FBI said in a statement.
“The FBI takes seriously its responsibility to FBI employees who make protected disclosures under whistleblower regulations, and we are committed to ensuring they are protected from retaliation.”
A spokesperson for the Justice Department’s inspector general’s office declined to comment.
Correction: An earlier version of this article referred to Allen as an agent and staff operations specialist interchangeably. Staff operations specialists work alongside agents and other intelligence analysts.
