Former federal prosecutor is suing DOJ for 'unlawful and retaliatory' firing

The U.S. Department of Justice Building on Aug.17, in Washington, D.C. Anna Moneymaker/Getty Images hide caption

A federal prosecutor who was fired earlier this year is suing the Justice Department, alleging that she was unlawfully dismissed for political reasons tied to her work prosecuting a case against anti-abortion activists.

Law

Trump DOJ's limits on FACE Act enforcement fuel concern from abortion providers

The lawsuit filed by Sunita Doddamani, who worked as an assistant U.S. attorney in the Eastern District of Michigan, is the latest to be lodged by a former career Justice Department employee alleging they lost their jobs for improper political reasons.

In Doddamani's case, the complaint says her firing was "politically motivated and retaliatory," and that it violated the Civil Service Reform Act, the Administrative Procedure Act and the First and Fifth Amendments.

Doddamani was dismissed on April 13, the lawsuit says, without any advance notice, due process or cause given.

The "unstated reason," according to the complaint, was her work prosecuting eight anti-abortion activists with violating the Freedom of Access to Clinic Entrances Act, or FACE Act, which prohibits intentionally interfering with reproductive health care services, including abortions.

At least two other prosecutors who worked FACE Act cases also lost their jobs the same day, and the Justice Department publicly announced it had "terminated the employment of personnel responsible for weaponizing the FACE Act who still remained at the department," the lawsuit says.

A day later, the department released a report that accused the Biden administration of weaponizing the FACE Act against anti-abortion activists.

"Unlawful terminations are a frequent tool of the Trump Administration to achieve its political aims," the lawsuit says. "DOJ officials have repeatedly attempted to justify firings and workforce reductions by portraying the employees targeted as culpable for the now-disfavored cases they had been assigned."

It also says Doddamani has "suffered adverse and harmful effects" from her firing, including lost or jeopardized present or future financial opportunities and reputational harm.

Law

Fired FBI agents allege retribution, incompetence at top security agency

The complaint names seven defendants, including Attorney General Todd Blanche and the Justice Department.

The department declined to comment beyond referring back to its social media post from April stating that it had terminated the employment of personnel "responsible for weaponizing the FACE Act."

The lawsuit is seeking a declaration that Doddamani's rights were violated, an order requiring the government to reinstate Doddamani and backpay, as well as other relief.

The FACE Act dates back to the early 1990s. Supporters say the law was necessary to stem the rising tide of violence against abortion clinics and providers. The law's opponents, however, have argued it infringes on free speech rights of abortion opponents.

Early in President Trump's second term , the Justice Department said it would no longer enforce FACE Act violations except in extraordinary circumstances, such as cases involving death or serious property. Trump, meanwhile, pardoned 23 people convicted under the statute.