He Got Booted From FBI For Displaying Rainbow on His Desk, Now He SUES

 
Sep 16, 2025; Washington, DC, USA; FBI Director Kash Patel testifies in front of the Senate Judiciary Committee in Washington, D.C., on Sept.16, 2025. | Josh Morgan-USA TODAY 

Daniel Villarreal 

Former FBI employee David Maltinsky filed a lawsuit on Wednesday against FBI Director Kash Patel, Attorney General Pamela Bondi, the FBI, and the Department of Justice, alleging that he was wrongfully and unconstitutionally terminated in October for displaying a Progress Pride flag at his work desk. Maltinsky says the firing violated his rights to free speech and equal protection under the law; he wants the court to restore his job with the FBI.

Maltinsky’s 18-page complaint, filed in the U.S. District Court for the District of Columbia, alleged that the aforementioned plaintiffs dismissed him three weeks before he was set to graduate from the FBI academy for displaying the flag at his workstation.  The flag, which had been given to him to recognize his support of the FBI’s diversity initiatives, was approved for display by his supervisors and was similar to a larger Progress Pride flag flown by the FBI in front of the Wilshire Federal Building in Los Angeles earlier in the year.

Maltinsky’s lawsuit alleges that a co-worker shared a concern about the flag with Maltinsky’s direct supervisor. Maltinsky says the Chief Division Counsel for the FBI’s Los Angeles field office assured Maltinsky that the display of the flag didn’t violate any policy, rule, or regulation.

Nevertheless, on October 1, Patel wrote a letter to Maltinsky that said, “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.”

Patel’s letter didn’t specifically mention the flag, but multiple sources familiar with the matter told both CNN and MSNBC that it was the reason behind Maltinsky’s dismissal.

“David joined the FBI to protect Americans and enforce the rule of law. He believed in the principles of our Constitution and our democracy. And in his career he has also bravely stood up for the rights of the LGBTQ+ community,” wrote one of Maltinsky’s lawyers, Kerrie Riggs. 

“This administration’s unlawfully firing him is part of a larger campaign to rid federal agencies of employees who may have different viewpoints, or are from marginalized groups, or who dare speak out against discrimination. David’s fight is not just about him, but about securing the rights and freedoms of all federal employees,” Riggs added.

Christopher Mattei, another of Maltinsky’s lawyers, said, “Kash Patel’s and Pam Bondi’s continued unlawful attacks on the FBI and skilled public servants like David endanger the American people more and more every day.” 

“This case is about far more than one man’s career,” Mattei continued. “It’s about whether the government can punish Americans simply for saying who they are. Thanks to David’s courage, Patel and Bondi will be held to account for their unconstitutional assault on Americans who simply want to serve their country as they are.”

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