David Maltinsky, an FBI employee since 2008 has filed a lawsuit against the organization on grounds of discrimination based on his expression of views. Maltinsky had a Pride flag on his desk and according to him, that is the reason that he was fired.
Talking to CBS News, Maltinsky said, “We’re not the enemy and we’re not some political mob. We’re proud members of the FBI, and we have a mission to do. We go to work every day to do it.” He also mentioned that his firing has caused tension within the FBI, adding, “The ripple effect of fear has been felt. Many gay colleagues have removed Pride flags from their desks, allies have removed Pride flags from their desk.”
Maltinsky filed a civil complaint on Wednesday in U.S. District Court for the District of Columbia and has sought a court order that would restore his job. According to his lawsuit, obtained by CBS News, the FBI has violated his “First Amendment rights and retaliated against him for protected expression.”
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The lawsuit mentioned that the First Amendment “forbids government officials from firing government employees, or otherwise retaliating against them, simply for engaging in expressive conduct concerning a matter of public concern.”
The lawsuit further stated that Maltinsky was fired in October and received a letter signed by Kash Patel, the FBI director. Maltinsky provided one copy of the letter to CBS News. In the letter, Patel had written, “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.”
When Maltinsky was fired, he was in the middle of a training program to become an agent. He mentioned that the display of Pride flags was allowed in July 2021 by the federal government and the one that was displayed on his table was previously “displayed outside the Bureau’s federal office complex” as CBS News reported.
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According to the lawsuit, a colleague filed a complaint on January 20, 2025, the day Donald Trump returned to the White House.
Christopher M. Mattei, counsel for Maltinsky and a partner at Koskoff, Koskoff & Bieder, PC, talked about the case, saying, “David’s dream was to serve our country as an FBI Special Agent. When that dream was cruelly taken from him, he stayed true to his oath and is now fighting to protect the rights of all Americans.” Mattei further added, “This case is about far more than one man’s career—it’s about whether the government can punish Americans simply for saying who they are.”
Maltinsky’s case highlights the ongoing controversy over the Trump administration’s treatment of LGBTQ employees. Ever since starting his second term, Trump had signed executive orders that would make workplaces less diversified and that has affected several veteran employees and even retirees in various government sectors.
