Veteran FBI employee files lawsuit claiming he was fired for displaying Pride flag

A 16-year FBI worker has filed a lawsuit alleging he was fired final month as a result of he had a Satisfaction flag draped close to his desk. 

David Maltinsky, who was weeks away from being elevated to the place of agent, claims the firing was illegal and despatched a ripple of worry by way of the LGBT workers on the FBI.   

“We’re not the enemy and we’re not some political mob. We’re proud members of the FBI, and we have now a mission to do. We go to work day by day to do it,” Maltinsky advised CBS Information in his first interview.

In a civil criticism filed Wednesday within the U.S. District Courtroom for the District of Columbia, Maltinsky seeks a court docket order to revive his job. 

The go well with makes a number of allegations, together with an argument that the FBI has violated Maltinsky’s First Modification rights and retaliated in opposition to him for protected expression.

In accordance with the lawsuit, the First Modification “forbids authorities officers from firing authorities workers, or in any other case retaliating in opposition to them, merely for partaking in expressive conduct regarding a matter of public concern.”

The lawsuit states that Maltinsky was fired in a letter signed by FBI Director Kash Patel in October. A duplicate of the letter was supplied by Maltinsky to CBS Information. In it, Patel writes: “I’ve decided that you just exercised poor judgment with an inappropriate show of political signage in your work space throughout your earlier task on the Los Angeles Area Workplace. Pursuant to Article II of the US Structure and the legal guidelines of the US, your employment with the Federal Bureau of Investigation is hereby terminated.”

The FBI had no remark relating to Maltinsky’s lawsuit.

Maltinsky, who started working on the FBI in 2008, was within the midst of a coaching program for future brokers on the FBI’s facility in Quantico, Virginia, when he was fired, in accordance with the lawsuit.

The rainbow flag that Maltinsky displayed at his workspace within the FBI’s Los Angeles Area Workplace was introduced to him after it had beforehand been displayed exterior the Bureau’s federal workplace complicated there, in accordance with the lawsuit.   

Maltinsky mentioned the federal authorities authorised the show of Satisfaction flags at federal workplace complexes in June 2021. His lawsuit alleges {that a} colleague filed a criticism with a supervisor about Maltinsky’s flag on Jan. 20, 2025, the day of President Trump’s second Inaugural.

In an hourlong interview with CBS Information, Maltinsky mentioned his firing has had a chilling affect contained in the Bureau.  

“The ripple impact of worry has been felt. Many homosexual colleagues have eliminated Satisfaction flags from their desks, allies have eliminated Satisfaction flags from their desk,” he mentioned.

“David’s dream was to serve our nation as an FBI Particular Agent,” mentioned Christopher M. Mattei, counsel for Maltinsky and a accomplice at Koskoff, Koskoff & Bieder, PC. “When that dream was cruelly taken from him, he stayed true to his oath and is now combating to guard the rights of all Individuals.”

“This case is about far multiple man’s profession—it is about whether or not the federal government can punish Individuals merely for saying who they’re,” Mattei mentioned.

Beneath questioning at a congressional listening to in September, Patel advised senators he was not taking motion in opposition to any “enemies listing,” together with amongst FBI workers.

“The one actions we take, typically talking, for personnel on the FBI, are ones primarily based on benefit and qualification and your capacity to uphold your constitutional obligation,” Patel mentioned. 

“You fall brief, you do not work there anymore.”

Maltinsky’s firing is an element of a giant and rising wave of terminations, resignations and retirements contained in the Justice Division since Jan. 20. Justice Connection, a corporation that helps the ex-employees, advised CBS Information greater than 5,000 workers have left or been fired from the company this yr.  

The purge contains brokers and prosecutors who dealt with the U.S. Capitol riot prosecutions and the particular counsel prison probes of President Trump, which have been dropped after Mr. Trump gained the election in November 2024.

“It’s extremely unhappy that it is taking place,” Maltinsky advised CBS Information. “However a part of this submitting is that: I am not intimidated. We’re not intimidated.” 

“Variety means a lot to so many various individuals,” he added. “There is no such thing as a one definition that everybody will agree on. What I consider is range brings power.”

Extra from CBS Information