FBI Whistleblower Scores Massive Victory Over Agency, Gets Security Clearance Reinstated

An FBI whistleblower had his security clearance reinstated in late May after the agency faced accusations of retaliating against him for his testimony about the Jan. 6 riots, according to a letter from the FBI released by whistleblower group Empower Oversight on Tuesday.

FBI agent Marcus Allen’s security clearance was suspended in 2022 after he questioned agency director Christopher Wray’s testimony about law enforcement presence at the Jan. 6 Capitol riots. Following legal threats from Empower Oversight, who claimed that the FBI had retaliated against Allen and falsely accused him of disloyalty to the U.S., the FBI reinstated Allen’s security clearance on May 31 and reimbursed him for the years he was on unpaid leave, according to a letter from the FBI.

“This letter is to inform you that I am reinstating your Top Secret (TS) security clearance effective upon receipt of this letter,” the FBI wrote to Allen on May 31, according to a copy of the letter released by Empower Oversight. “My decision to reinstate your security clearance is based upon a determination that the original security concerns have been investigated and have been sufficiently mitigated.”

Allen, a Marine Corps veteran, had spent over two years without pay from the FBI and was unable to find gainful employment while his security clearance was suspended pending investigation, according to Empower Oversight. He testified alongside a panel of other whistleblowers in May 2023 that he had been accused of holding “conspiratorial views” regarding the Jan. 6 riots, which he denied, and that his attempts to clarify and work with the FBI during investigations had been stonewalled.

“It’s clear from the evidence and the FBI’s capitulation there was absolutely no truth to their accusations,” Tristan Leavitt, president of Empower Oversight, said in a statement on Tuesday.

Empower Oversight and the American Center for Law and Justice (ACLJ) represented Allen against the FBI during the investigation, according to the press release. Empower Oversight sent complaints to the DOJ Office of the Inspector General (OIG) in April 2023 and January 2024 regarding the FBI’s actions against Allen.

Allen’s security clearance was restored before the OIG released a report, according to the press release. A separate agency report from May 14 indicated that the FBI, under the Biden administration, failed to ensure federal protection from whistleblowers.

Allen voluntarily resigned from the FBI on June 3, according to the press release.

“It’s been a difficult couple of years, and I am truly grateful for my friends and family who helped us through this,” Allen said in a statement on Tuesday, according to the press release. “While I feel vindicated now in getting back my security clearance, it is sad that in the country I fought for as a Marine, the FBI was allowed to lie about my loyalty to the U.S. for two years. Unless there is accountability, it will keep happening to others. Better oversight and changes to security clearance laws are key to stop abuses suffered by whistleblowers like me.”

The FBI told the Daily Caller News Foundation in a statement on Tuesday that it could not comment “on the specifics of any settlement,” but noted that “both parties agreed to resolve this matter without either admitting wrongdoing.”

“Any allegation that [Director Chris Wray] lied to Congress is false,” the FBI told the DCNF. “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.”