As seen in Moore's testimony, the bureau withheld exculpatory evidence that O'Boyle was not the suspect and went with it anyway. Moore refused to answer the question because she knew it wasn't O'Boyle in the video. According to O'Boyle's attorneys, Moore's allegation is the primary reason O'Boyle is now 22 months into his suspension from the FBI. See excerpts from Moore's testimony in a July 23, 2024 letter from O'Boyle's attorney to Chairman Jordan below:
O'Boyle has also been wrongfully accused of perjury before Congress, according to O'Boyle's attorney. Leavitt writes, "Six days after this material omission from EAD Moore’s transcribed interview, on June 8, 2023, Ranking Member Jerrold Nadler and Weaponization Subcommittee Ranking Member Stacey Plaskett used her misleading testimony in an attempt to convince the Justice Department to prosecute SA O’Boyle for perjury. The perjury referral highlighted the contradictions between SA O’Boyle’s and EAD Moore’s testimony about whether SA O’Boyle leaked information to Project Veritas."
As it turns out, the person in the video was not O'Boyle but Kyle Seraphin, another former FBI Special Agent and whistleblower. "The FBI had, in fact, sent the Project Veritas video to Quantico for a voice analysis and “conclusively discovered” by early 2023 that the individual under a voice mask was not O’Boyle," according to reporting from Just the News.
The FBI did not correct the record and did not report it to Congress. Instead, the FBI let O'Boyle continue to twist in the wind for almost two years without the ability to appeal, while also accusing him of perjuring himself to Congress; something he never did. As a result of his suspension, O'Boyle cannot work to support his family and he lost his home.
O'Boyle played by the rules and his disclosures followed the proper channels. He worked with the chain of command and Congress and never made unprotected disclosures to the media. Moreover, the idea that he made such disclosures was an allegation only, not a proven action on his part. Furthermore, despite these findings, on July 16, 2024, after almost two years of unemployment, the FBI revoked his security clearance entirely.
The FBI's conduct in O'Boyle's case is both "retaliatory" and an "abuse of the security clearance process", as documented in a DOJ Office of the Inspector General report from May 2024 and an earlier report from the House Judiciary Committee on the Weaponization of the Federal Government.
O'Boyle's Case Opened in August of 2022
The FBI began investigating O'Boyle on August 1, 2022, just after he was promoted. Shortly thereafter, on September 26, 2022, the FBI suspended him. According to O'Boyle, they claimed they moved "quickly to suspend his clearance because he was a threat to national security." However, it wasn't quick enough because by then O'Boyle had sold his house in Kansas so he could move for his new position. He, his pregnant wife, and three small daughters were homeless for two months as a result.When an agent is suspended, he or she is put on leave without pay, pending the FBI's investigation. O'Boyle said such investigations generally take about 17 and 1/2 months and in his opinion, the recent revocation of his security clearance was just one more way to intimidate him—to push him to stop fighting. However, O'Boyle told UncoverDC that quitting is not an option. He is unwilling to accept a "two-tiered system of justice" or the weaponization of the nation's largest law enforcement agency.
O'Boyle served in the military for 6 years and is married with four young girls. He conceded it might be easier to quit the FBI and maybe "go back to being a cop." He knows other agents who have done that. But he told UncoverDC that "a large driving factor is to teach his kids to do the right thing no matter what."
O'Boyle's Fight Against COVID Mandates Put Him in the FBI's Crosshairs
O'Boyle believes that it was his railing against the unconstitutionality of the COVID restrictions and mandates that originally put him on the FBI's radar. He began to make waves in September of 2021. In November 2021 he began "taking stuff to Congress." According to his attorney, "O’Boyle started making protected disclosures in 2021 to his chain of command and then to Congress only after it became clear that his disclosures were not being taken seriously or investigated by the FBI."O'Boyle and several other special agents, including Kyle Seraphin, Steve Friend, and Marcus Allen, witnessed many instances where the FBI brass was pushing operations that did not track with its mission or its ethos. The FBI's politicized treatment of the January 6 defendants, its persecution and investigation of Christians protesting at abortion clinics, and its targeting of Project Veritas for exposing the Ashley Biden diary were among their many concerns.
According to Kyle Seraphin, the FBI had become an agency that increasingly undertook "partisan investigations and used the Executive branch as a weapon," according to his statement in the Project Veritas video. Seraphin continued:
Notably in June, Marcus Allen was vindicated in his fight. He, too, fought a 27-month, unfair suspension for being a whistleblower. In an "unprecedented move," Allen's "security clearance was fully reinstated" after the FBI "improperly revoke[ed] it," leaving hope for a possible reinstatement for O'Boyle.
Doing the Right Thing Comes With A Price
It was because of his disappointment in the bureau and his fear of what might happen to the America he knew that O'Boyle reported what he saw. O'Boyle is sorely disappointed that the FBI continues to deny the weaponization of an agency and a DOJ that are supposed to protect all Americans equally,O'Boyle in his opening statement at the May 23 Weaponization hearing said he sees careers being destroyed "under false pretenses" for doing the right thing:
“Despite our oath to uphold the Constitution, too many in the FBI aren’t willing to sacrifice for the hard right over the easy wrong. They see what becomes of whistleblowers; how the FBI destroys their careers, suspends them under false pretenses, takes their security clearances and pay with no true options for real recourse or remedy.'
"This is by design," O'Boyle continued, "It creates an Orwellian atmosphere that silences opposition and discussion. We know what is right to do. There were many who too often refused to do what is right because of the difficulty and suffering it incurs. I couldn't knowingly continue on this path silently without speaking out against the weaponization I witnessed, even if it meant losing my job, my career, my livelihood, my family's home, and now my anonymity."
The July 23, 2024, letter from O'Boyle's attorney, Tristan Leavitt, addressed to Chairman Jim Jordan on the House Judiciary Committee, lays out a timeline of the FBI's egregious conduct.> Leavitt concludes that the targeting of special agents who are trying to uphold the true mission of the FBI is a "Kafkaesque nightmare [that] must stop." Leavitt's letter leaves little room for doubt about the FBI's misconduct and abuses, including the "withholding of material information from Congress" as evidence of its "vindictive retaliation." Furthermore, according to the letter, the FBI continues to use the "same playbook of delay tactics" to avoid accountability. Leavitt believes the FBI will change only if Congress "enacts fundamental reforms to the security adjudication process and FBI wrongdoers are held accountable."
When asked what he would want the American public to know about what he has seen, O'Boyle replied:
"First, I want them to know about the hubris I saw in senior management and the FBI. They manipulate and target even their own employees. But it goes deeper than that. If they are going to lie about their employees, who aren't they going to lie about? Second, it would be the clearly weaponized and two-tiered system of justice that we see so often throughout the FBI. It is elsewhere in our government, too. And number three," he added, "Would be the need for our nation to turn back to God. We need a massive reformation back to faith and back to our founding principles."
