WASHINGTON – In what appears to be an unprecedented move, the Federal Bureau of Investigation has fully reinstated whistleblower Marcus Allen’s security clearance after improperly revoking it.
Allen made protected disclosures regarding congressional testimony of FBI Director Christopher Wray following the events of Jan. 6, 2021. The FBI retaliated against Allen, a decorated U.S. Marine combat veteran, by falsely accusing him of disloyalty to the United States and illegally suspending him without pay for more than two years. In October 2023, Empower Oversight filed Allen’s appeal based on evidence contradicting the FBI’s claims from its own files.
During the 27 months Allen was improperly suspended, he lost other employment and income opportunities while waiting for FBI approvals and internal appeals procedures that were slow walked by bureaucrats.
Empower Oversight filed complaints in April 2023 and January 2024 with the Justice Department Office of the Inspector General (OIG) about the FBI’s reprisals against Allen for his protected whistleblower disclosures. Although a final OIG report would likely have supported Allen’s retaliation claims, the FBI granted his appeal before the OIG reported on its findings.
Empower Oversight President Tristan Leavitt wrote to Inspector General Michael Horowitz urging that the facts gathered during the OIG’s investigation be released in the interest of transparency and accountability. The letter authorizes the OIG to answer questions about its findings and provides notice that Allen waives any Privacy Act restrictions that might otherwise limit the OIG’s ability to comment.
Allen has been represented by Empower Oversight and the American Center for Law and Justice (ACLJ).
“It’s been a difficult couple of years, and I am truly grateful for my friends and family who helped us through this. 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.
“This is total vindication for Marcus. The FBI has completely backed down and provided everything that we had asked for on behalf of Marcus. 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. It’s a testament to Marcus, his belief that right would eventually prevail, and the unwavering support of his family and friends,” said Tristan Leavitt, president of Empower Oversight.
“The ACLJ is very pleased to have been part of this victory for Marcus Allen, working with our friends at Empower Oversight. We can’t undo what the Biden FBI forced Marcus to endure, but we were able to help him achieve justice and vindication. Now he and his family can put this horrendous chapter behind them and move forward. We applaud their bravery and sacrifice. Whistleblowers must be protected. We’ll keep doing our part,” said Jordan Sekulow, executive director of ACLJ.
Separately, Allen reached a settlement with the FBI that fully restores the 27 months of back pay and benefits the FBI wrongly withheld since his initial suspension in February 2022. Allen voluntarily resigned from the FBI, effective June 3, 2024.
To read more details about Allen’s case, click the links below.
April 26, 2023, letter to Inspector General Michael Horowitz requesting an investigation into whether Allen’s security clearance was impermissibly suspended for retaliatory or other improper reasons.
May 18, 2023, testimony of Empower Oversight President Tristan Leavitt before Congress about how the FBI has abused the security clearance process to circumvent whistleblower protections and retaliate against employees who report wrongdoing.
Oct. 20, 2023, letter to Timothy M. Dunham requesting reconsideration of the revocation of Allen’s security clearance.
Jan. 22, 2024, letter to Inspector General Michael Horowitz requesting an investigation about whether the FBI improperly suspended Allen indefinitely without pay and delayed the security process in reprisal for protected whistleblower disclosures.
May 2024 DOJ-OIG Management Advisory Memorandum identifying systemic issues with the way the FBI suspends employees without pay denying them, for all practical purposes, the protections in law against using the security clearance process as a tool of whistleblower retaliation.
May 31, 2024, letter from the FBI fully reinstating Marcus Allen’s security clearance.
June 4, 2024, letter to Inspector General Michael Horowitz waiving Allen’s privacy rights allowing the Inspector General to answer any questions about the case.
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