An Obama-appointed federal judge has dismissed former FBI agent Peter Strzok’s claims that his termination violated the U.S. Constitution. Strzok, fired during President Trump’s first term, had sent anti-Trump text messages while leading the Crossfire Hurricane investigation.
“At this point, only two issues remain to be resolved: did plaintiff’s termination violate the First Amendment, and did his termination violate the Fifth Amendment guarantee against the deprivation of property without due process of law?” an order signed by Judge Amy Berman Jackson explained.
The court concluded that Strzok’s “interest in expressing his opinions about political candidates on his FBI phone at that time was outweighed by the FBI’s interest in avoiding the appearance of bias in its ongoing investigations of those very people, and in protecting against the disruption of its law enforcement operations under then-Director Wray’s leadership.”
The ruling further found that Strzok’s due process claim relied on a misrepresentation of facts and chronology:
“Once one gets past the rhetoric and considers the undisputed factual record, it becomes clear that there is no evidence to support a finding that plaintiff entered into a contract … that gave him a property interest in his tenure before the Deputy Director exercised his authority to terminate him, or that plaintiff lacked notice and an opportunity to be heard before his fate was decided,” the document notes.
The full memorandum opinion has been docketed under seal. The court noted that it may be unsealed and requested the parties to indicate by September 30, 2025, whether any portions should remain confidential.
