FBI worker says he was wrongfully terminated for having Pride flag at desk

A longtime FBI employee has filed a lawsuit alleging that he was fired for displaying a Pride flag at his desk, naming FBI director Kash Patel, the justice department and attorney general Pam Bondi as defendants.

According to David Maltinsky, an intelligence specialist who had served with the bureau for 16 years, his wrongful termination earlier this year was “unconstitutional and politically motivated”.

The lawsuit claims the FBI violated Maltinsky’s first amendment rights and took retaliatory action against him for engaging in protected speech. Maltinsky is seeking a court order to restore his job.

Maltinsky’s 18-page complaint, filed on Wednesday in the US district court for the District of Columbia, alleges that he was dismissed from the FBI academy last month for previously displaying the flag at his workstation with the support and permission of his supervisors.

According to the complaint, the Pride flag, which the bureau flew from its flagpole in front of its Los Angeles building, was given to Maltinsky in recognition of his efforts to support the FBI’s diversity initiatives.

“From a young age, all I have wanted to do is serve my country and ensure its security alongside the brilliant and dedicated men and women of the FBI,” said Maltinsky, who joined the bureau in 2009 and spent more than a decade supporting public corruption and cybercrime investigations including North Korea’s cyberattack on Sony Pictures in 2014.

“I displayed that Pride flag – which in 2021 flew in front of the Wilshire federal building – not as a political statement, but as a symbol of inclusion, unity and equal service. These are the values that once made the FBI strong. Now it is a place where people like me are targeted. I believe I was fired not because of who I am, but what I am: a proud gay man,” he added.

Earlier this year, Maltinsky was accepted into the FBI special agent training academy at Quantico, Virginia, until what he described as his “abrupt dismissal just three weeks before graduation”.

Maltinsky’s lawsuit alleges that at some point after Donald Trump’s inauguration on 20 January, a co-worker reported an alleged concern to Maltinsky’s direct supervisor about the display of the Pride flag at his workstation.

“Out of an abundance of caution, Maltinsky requested that the Chief Division Counsel for the LAFO [Los Angeles field office] review whether the display of the Progress Pride flag and placard was permissible,” Maltinsky’s complaint said, adding: ”The Chief Division Counsel advised Maltinsky that the display of the flag and placard did not violate any policy, rule, or regulation.”

Nevertheless, on 1 October, Maltinsky was notified of his termination.

In a letter cited in Maltinsky’s complaint, Patel wrote: “I have determined that you exercised poor judgment with an inappropriate display of political signage in your work area during your previous assignment at the Los Angeles Field Office. Pursuant to Article II of the United States Constitution and the laws of the United States, your employment with the Federal Bureau of Investigation is hereby terminated.”

In a statement released on Wednesday, Maltinsky’s lawyer Kerrie Riggs said: “This administration’s unlawfully firing him is part of a larger campaign to rid federal agencies of employees who may have different viewpoints, or are from marginalized groups, or who dare speak out against discrimination. David’s fight is not just about him, but about securing the rights and freedoms of all federal employees.”

The FBI declined to comment on the lawsuit. The Guardian has also reached out to the justice department.

Maltinsky’s lawsuit follows another one filed in September by three former senior FBI officials who said they were wrongfully terminated, alleging that Patel said he had been directed by the White House to fire any agent involved in an investigation into Trump.

Meanwhile, the FBI fired a nearly three-decade veteran earlier this month after Patel reportedly became furious by reports that the FBI director had taken a government jet to attend a wrestling event where his girlfriend performed the national anthem.

Steven Palmer, a bureau veteran since 1998, was removed as head of the FBI’s critical incident response group, which manages major security threats and the agency’s jet fleet.