(Ken Silva, Headline USA) FBI whistleblower Marcus Allen—who had his security clearance revoked for expressing “conspiratorial views” that the federal government may have provoked the Jan. 6, 2021, Capitol Hill uprising—has had his security clearance restored in an historic victory against the bureau.
Separately, Allen reached a settlement with the FBI that fully restores the 27 months of back pay and benefits wrongly withheld from him since his February 2022 suspension, according to a press release from the whistleblower group representing him, Empower Oversight.
The @FBI has reinstated #whistleblower Marcus Allen's Security Clearance 27 months after improperly suspending it and 13 months after improperly revoking it. pic.twitter.com/Nw9Iqn3tJw
— Empower Oversight (@EMPOWR_us) June 4, 2024
Additionally, Allen quit the FBI on Monday.
Allen was suspended more than two years ago for questioning FBI Director Chris Wray’s representations to Congress that his bureau didn’t have informants within the groups that participated in Jan. 6.
Allen and Empower Oversight alleged that he was suspended in retaliation for making a protected disclosure.
Allen and Empower Oversight claimed total vindication. But they said action is needed to ensure that future whistleblowers don’t wind up in a similar situation.
“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,” Allen said.
Empower Oversight President Tristan Leavitt made similar remarks.
“It’s clear from the evidence and the FBI’s capitulation there was absolutely no truth to their accusations. We couldn’t be happier for Marcus and his family. They have seen the worst side of our federal government and have come out on the other side,” he said.
Empower Oversight also said it believes Allen’s win against the FBI is unprecedented.
According to a DOJ-IG report released last month, 106 FBI employees have had their clearances suspended for 6 months or longer over the last five years. Some of these employees presumably had their clearances suspended for legitimate reasons, but multiple FBI agents have claimed political retaliation.
The report specifically referenced the case of Allen, showing how his indefinite suspension left him in limbo.
“In that case, [Allen] was suspended without pay for approximately 15 months before the FBI issued a decision revoking his security clearance and it then took another 4 months for the FBI to provide the employee with the information that the FBI used to support its revocation decision,” the DOJ-IG said.
“The employee has been suspended without pay for more than 2 years.”
The DOJ’s practice of indefinitely suspending security clearances is illegal, according to legal pundits, as well as the inspector general. The DOJ is required to have an appeal process for employees to contest a suspended security clearance as retaliatory, but it does not.
“This lack of a DOJ appeal process for employees who allege their suspension of more than 1 year is retaliatory,” the DOJ-IG said.
Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.
