Former FBI Agent Sues Bureau Over FOIA Delay
Michael Feinberg, a 16-year FBI veteran, says the agency is unlawfully withholding records about his departure.
Updated on Nov. 5, 2026 in Law Enforcement
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Former FBI agent Michael Feinberg filed a lawsuit in Washington, D.C., alleging the bureau unlawfully withheld records requested under the Freedom of Information Act. The FBI has not made a determination on his request or produced any records, and estimated the request would take 2,010 days to complete.
Why it matters
The lawsuit puts a federal records-transparency process under court scrutiny and raises questions about how FOIA timelines are set for former employees seeking information about their own departures. Feinberg alleges he was targeted because of his friendship with fired agent Peter Strzok, claims that have not been tested in court.
Feinberg's 11-page complaint asks a D.C. federal court to order the FBI to immediately process his FOIA request and disclose responsive records. The bureau has made no determination on the request, and the court has not yet ruled on the complaint.
The players
Michael Feinberg
A former FBI special agent with 16 years of service who resigned in early 2025 and is now suing the bureau over withheld records.
Federal Bureau of Investigation
The United States' lead federal domestic law enforcement and intelligence agency, which is the defendant in the FOIA lawsuit.
Peter Strzok
A former senior FBI counterintelligence official who was fired in 2018 and whose friendship with Feinberg Feinberg says prompted retaliation.
Dan Bongino
A former FBI deputy director and media personality whom Feinberg alleges directed a Special Agent in Charge to contact him about his friendship with Strzok.
The details
Feinberg resigned from the FBI in early 2025 after 16 years, and in May 2026 he submitted a narrow FOIA request for information about his tenure and the circumstances of his departure. He alleges a Special Agent in Charge called him about his friendship with Strzok at the behest of Dan Bongino, and that he was told he would likely lose a promotion, face a demotion and take a polygraph test.
Timeline
Early 2025: Feinberg resigned from the FBI.
2018: Peter Strzok was fired from the FBI.
May 2026: Feinberg submitted his FOIA request.
November 4, 2026: Feinberg filed the lawsuit in Washington, D.C.
Legal Context
The Freedom of Information Act lets requesters sue agencies that fail to respond within statutory deadlines, and Feinberg's case tests that remedy against a 2,010-day processing estimate. Courts have historically ordered expedited processing when agencies delay, making this suit a direct test of that longstanding framework.
Anyone submitting a FOIA request to a federal agency may face multi-year waits, which affects journalists, researchers and former employees seeking records. The case could shape how quickly similar requests are processed if the court orders expedited handling.
The takeaway
Requesters seeking federal records should document their FOIA submission dates and consider filing suit if an agency gives no determination within the statutory window. Monitoring the D.C. docket can show whether the court moves the case toward a faster production schedule.
Further reading
For related coverage of federal agency conduct, see Law Enforcement reporting on the nation's investigative agencies.
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