FBI whistleblower wins settlement from agency, including restoration of pay, security clearance

The FBI reached a settlement with whistleblower Marcus Allen after he was suspended without pay and had his security clearance pulled after he made protected disclosures regarding the testimony of Director Christopher Wray concerning the Jan. 6, 2021, Capitol riot.

Nonprofit watchdog Empower Oversight announced the settlement Tuesday after it filed an appeal on behalf of Allen in October 2023. The settlement includes 27 months of back pay and benefits that the FBI withheld from Allen since he was suspended in February 2022. Separately, the FBI also restored his security clearance.

House Judiciary Committee Chairman Jim Jordan, R-Ohio, said the FBI's decision to reinstate Allen's security clearance was a "total vindication for a great patriot" who "bravely stood up to expose misconduct at the FBI, despite attacks from FBI bureaucrats and congressional Democrats."

Allen, who resigned voluntarily from the FBI this week, said the bureau retaliated against him for his disclosure.

"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 said in a press release regarding Allen's settlement.

Allen urged there to be accountability to prevent this from happening to others in the future.

"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," Allen said. "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."

Like Jordan, Empower Oversight President Tristan Leavitt called the settlement a "total vindication" for Allen.

"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," Leavitt also said.

Empower Oversight is still urging Justice Department Inspector General Michael Horowitz to release the findings of his investigation into potential FBI wrongdoing in Allen's case. 

"Your inquiry has undoubtedly gathered additional important context to help set the record straight, so Mr. Allen respectfully requests that you release that information in the interests of transparency and accountability," Leavitt wrote in a letter to Horowitz on Tuesday.

Meanwhile, Jordan is urging the FBI to reinstate the security clearances of Garret O’Boyle and Stephen Friend, both of whom had their clearances suspended after they came forward as whistleblowers.