Tuesday marked a watershed moment in the fight for constitutional rights and the protection of government whistleblowers. The ACLJ is proud to announce a complete and total victory for our client, FBI Special Agent Garret O’Boyle, who has been fully vindicated through a comprehensive settlement agreement with the DOJ made possible by President Trump’s administration and his new leadership at the DOJ and FBI.
The DOJ has agreed to fully restore FBI Special Agent Garret O’Boyle with back pay, benefits, damages, and full reinstatement – including his security clearance – after years of persecution under the Biden administration.
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As we previously explained:
FBI Special Agent Garret O’Boyle has, on numerous occasions, followed federal whistleblower protocols in a lawful manner to expose corruption and deserves the full protection of federal whistleblower statutes and the United States Constitution. You’ll recall that Garret made headlines with his ominous congressional testimony . . . : “The FBI will crush you. This government will crush you and your family if you try to expose the truth about things that they are doing that are wrong. And we are all examples of that.”
In fact, without O’Boyle’s courage and willingness to come forward to Congress, we may never have known that the FBI was weaponizing threat tags to target pro-lifers in the wake of the Dobbs decision . . . that overturned Roe v. Wade. In the face of increasing violence against pro-life Americans and pro-life Pregnancy Resource Centers, Biden’s FBI decided to target peaceful pro-lifers, and it was Special Agent O’Boyle who brought this travesty to light before Congress. Now it is Special Agent O’Boyle who finds himself the target of FBI retribution.
A Tale of Two Administrations
For nearly three years under the Biden administration, the ACLJ and our partnership stood shoulder-to-shoulder with Garret O’Boyle as he faced unprecedented retaliation from a weaponized FBI. What began as one man’s courageous decision to blow the whistle on the Biden administration concerning various shocking practices within Biden’s FBI has culminated in one of the most significant victories for government accountability and whistleblower protection in recent memory.
Our client put it this way:
I am also deeply thankful to Empower Oversight, the American Center for Law and Justice (ACLJ) and the Binnall Law Group for their tireless representation and unshakable belief in my case. They fought against overwhelming odds to ensure my voice was heard. Their steadfast support, legal guidance, and public defense of my rights is not something I have taken for granted, and not something commonly seen in our era. Without these courageous allies, I would not have been able to withstand the government’s pressure or continue this fight for justice.
The settlement agreement with the Trump administration, signed Tuesday, represents nothing short of complete vindication for Agent O’Boyle and validates every legal argument we have made on his behalf since this ordeal began under the previous administration.
Biden’s War on Whistleblowers
On September 26, 2022, the Biden administration’s FBI indefinitely suspended Agent O’Boyle without pay and revoked his security clearance – effectively ending his career and leaving his family without income. This wasn’t just an employment action; it was part of President Biden’s systematic campaign to silence truth-tellers and weaponize federal agencies against those who dared expose the administration’s overreach.
As we have explained:
Special Agent O’Boyle is no ordinary federal employee. He’s a true American patriot who has dedicated his life to serving our nation. From 2006 to 2012, he served as an infantryman in the United States Army, deploying to both Iraq and Afghanistan in support of Operation Iraqi Freedom and Operation Enduring Freedom. This is a man who has repeatedly put his life on the line for our country – and now he has been punished by his own government for trying to protect it from within.
On September 26, 2022, Agent O’Boyle’s world was turned upside down. Upon reporting to his new FBI duty station in Virginia, he was subjected to a surprise interrogation where he was falsely accused of leaking FBI information to the media. The truth? O’Boyle had made legally protected disclosures to Congress – exactly what whistleblower laws are designed to protect.
For more than two and a half years under Biden’s watch, Agent O’Boyle and his family endured financial hardship and professional exile while we fought tirelessly in federal court alongside Empower and the Binnall Group to restore his rights and his reputation against an administration determined to destroy whistleblowers who threatened their narrative.
Trump Administration Delivers Justice
The dramatic change in Agent O’Boyle’s journey to justice was only possible thanks to President Trump’s return to office and his commitment to restoring constitutional governance to federal agencies – and appointing leaders who share his commitment to undoing past harms as much as possible. Where the Biden administration sought to destroy Agent O’Boyle, the Trump administration has chosen to deliver justice.
From the outset, the ACLJ’s legal team built our case around the Biden administration’s systematic violations of constitutional principles and disregard for the statutory protections for government employees. The legal arguments in our brief, which have now been completely vindicated under President Trump’s leadership, included:
- Statutory Authority: The Merit Systems Protection Board (MSPB) has full authority to review whistleblower retaliation claims by FBI employees under federal law. Congress has explicitly granted the MSPB authority to hear FBI whistleblower cases through 5 U.S.C. § 7701. The government’s attempt to claim otherwise contradicts clear statutory language.
- Constitutional Protection: The government cannot hide behind security clearance decisions to violate citizens’ First Amendment rights to free speech and Fifth Amendment due process rights. The Supreme Court’s decision in Webster v. Doe established that constitutional claims arising from security clearance decisions are reviewable by courts. The government cannot use Department of Navy v. Egan to shield constitutional violations.
- Due Process Violations: The FBI failed to provide Agent O’Boyle with basic due process protections, including adequate notice of the charges against him. Federal employees, including FBI agents, have fundamental due process rights that cannot be ignored simply because national security is involved.
- Sufficiency of Evidence: The government has failed to prove that its actions against Agent O’Boyle were justified rather than retaliatory. Whistleblowing to Congress is core political speech protected by the First Amendment, and the government cannot retaliate against such protected activity.
The settlement agreement represents everything we fought for and demonstrates the stark difference between the Biden and Trump administrations:
Agent O’Boyle will be reinstated as an FBI Special Agent effective September 26, 2022 – the date of his original suspension under Biden – with his security clearance fully restored, and can return to duty. The FBI will provide complete back pay for the entire period of the Biden-era suspension, including all benefits. He has also been awarded significant damages for what happened to him. All records related to Agent O’Boyle’s removal and any allegations of misconduct from the Biden era will be rescinded and expunged from his personnel file. He will even have opportunities for further advancement. Reinstatement on this level is unprecedented. President Trump’s leadership and the team he appointed deserve high praise and gratitude.
A New Era of Constitutional Governance
This victory should serve as a clear warning to federal agencies and any remaining Deep State actors: The days of retaliating against whistleblowers with impunity are over. The ACLJ will continue to stand ready to defend government employees who courageously speak out against wrongdoing, and we will pursue these cases to complete victory, no matter how long it takes.
The settlement represents more than a legal victory – it is a triumph of constitutional principles over institutional power, of truth over political persecution, and of justice over Deep State retaliation. Agent Garret O'Boyle stood firm in the face of the Biden administration’s enormous pressure and abuse, and his courage has been completely vindicated. The ACLJ is honored to have represented Agent O’Boyle throughout this fight.
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