LAS VEGAS (FOX5) — FBI Las Vegas Special Agent in Charge Spencer Evans is out.
The firing happened last week, according to Mark Zaid the attorney representing Evans out of Washington D.C.
Zaid said Evans was supposed to be promoted to a position in Alabama, but was fired by FBI Director Kash Patel right before Evans was supposed to move.
“Literally two hours before he was supposed to drive to Huntsville, Alabama he was called and said, ‘Nope we are firing you instead,’” Zaid said
In the termination letter, Patel tells Evans, “You demonstrated a lack of reasonableness and overzealousness in the implementation of COVID-19 protocols and policies.”
“He was in a position to implement what the Department of Justice was telling him to do by way of work force requirement,” Zaid said.
Zaid said they will file a federal lawsuit later this month challenging the firing.
FOX5’s Victoria Saha: Are you saying due process was absolutely not followed here?
Zaid: Yeah, there was zero due process. I have represented FBI officials for decades, there is an internal process that exists and Congress has created that would allow for an attempt to mitigate or explain what the accusation is. In this case, there was a reason stated, but it was one with finality. There are no due process rights other than what we will bring in federal court.
Saha: Given the reasoning they gave was because of COVID-19 rules, we are now in 2025. Do you think this is a winnable case?
Zaid: I think it’s a very winnable case with respect to the substantive reason. We will see this is not the first exercise of this Article II power. We have several other lawsuits pending in multiple courts to challenge whether the president, the secretary of homeland security, and now the FBI director can fire individuals under this authority.
Saha: Did special agent Evans take the fall for rules he didn’t implement himself?
Zaid: There is no doubt that what he is being penalized for at least by virtue of the letter that director Patel issued to him, that these aren’t even his decisions being implemented. These were policy determinations at the highest level of the Department of Justice that had to be implemented by staff at the FBI.
Evans assisted in the investigation in the January 1 Cybertruck explosion in front of Trump Hotel. He also sat down with Saha for an exclusive interview about the incident weeks later.
Then, at the end of January, he was let go and then reinstated. Zaid said in that situation, Evans was told he would be fired, have to retire, but Evans was not at retirement age.
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