David Maltinsky, a long-time FBI employee who was training to become a special agent, was terminated last month for displaying an LGBTQ+ flag at his workspace. This flag had previously flown outside the FBI's Los Angeles field office, according to a lawsuit he filed in federal court. Maltinsky had served the FBI for 16 years and was nearing the end of his special agent training at the FBI Academy in Quantico, Virginia, when he was abruptly dismissed.
During a meeting with FBI officials, Maltinsky received a letter from FBI Director Kash Patel informing him of his "summarily dismissed" status, which was attributed to his display of what the bureau deemed "political signage." The lawsuit details Maltinsky's previous role as a decorated intelligence specialist in the Los Angeles field office, where he had generally been perceived as a dedicated employee committed to contributing positively to the agency's diversity initiatives.
The controversy centers around his display of the "Progress Pride" flag, which features a distinctive design of rainbow horizontal stripes and additional colors, symbolizing representation for people of color as well as the LGBTQ+ community. After the flag had been removed from the Los Angeles field office, Maltinsky was given permission by his supervisors to display it at his workstation.
Maltinsky began his training at the FBI Academy in April and had successfully completed 16 of the 19-week program before his firing. His role in promoting diversity within the bureau included leading various initiatives, making his termination, according to the lawsuit, an infringement of his rights. The suit references the wider context of President Donald Trump's January executive order, which abolished all diversity, equity, and inclusion programs across the government.
In addition to Kash Patel, the lawsuit names the FBI, Attorney General Pam Bondi, and the Justice Department as defendants. Maltinsky is seeking reinstatement to his position and an order that would declare that his First Amendment rights to free speech and Fifth Amendment rights to equal protection under the law were violated. Maltinsky's attorney, Christopher M. Mattei, described the firing as a "unlawful attack," emphasizing that the case extends beyond Maltinsky's individual circumstances and touches on broader issues of personal identity and expression in the workplace.
This incident is not isolated; other lawsuits have emerged since the beginning of Trump's second term, with some high-ranking FBI officials alleging they were fired during a "campaign of retribution" influenced by political pressures from the Trump administration. In September, three of these officials claimed that their dismissals were unjust and politically motivated, reflecting a troubling trend within the bureau.
The FBI and Justice Department have declined to comment on the matter, leaving the legal proceedings to unfold without public statements from the involved parties. As the lawsuit progresses, it raises fundamental questions about free speech, workplace equality, and the implications of political pressure on federal employees.
