According to the complaint obtained by the Epoch Times, the directive came shortly after then-President Joe Biden imposed vaccine mandates for federal workers and contractors. [1] "Any employee or contractor who refused the vaccine was treated by the Agency as a threat to the United States government and ordered to be investigated as the same," the suit states.
The plaintiffs, a group of current and former CIA personnel, are seeking class-action status and a court order declaring the investigation illegal. The case was filed in the U.S. District Court for the Eastern District of Virginia.
In September 2021, Biden issued Executive Order 14042, requiring federal employees and contractors to be vaccinated against COVID-19. The mandate faced immediate legal challenges, with a group of state attorneys general suing the administration, claiming the order was unconstitutional. [2]
The CIA's chief operating officer (COO), according to the lawsuit, directed the agency's Counter Espionage Department to probe all unvaccinated personnel, treating their refusal as a potential national security risk. A cross-agency task force established by former Director of National Intelligence Tulsi Gabbard learned of the directive in 2025 through a whistleblower, the lawsuit says.
When the task force sought confirmation from the CIA, the agency acknowledged it had investigated thousands of employees and contractors but declined to cite any legal authority for the order. [1] The CIA has not publicly disputed the allegations.
Separately, a senior CIA official, Terry Adirim, was terminated in April 2025 for her role in enforcing the military's vaccine mandate. Adirim's dismissal followed a federal judge blocking the Department of War from punishing unvaccinated service members. [3]
One of the plaintiffs, James Erdman III, a former employee with Gabbard's cross-agency group, formally asked the CIA to expunge all investigation materials from personnel files, according to lawyers representing the unvaccinated workers. The agency did not respond, prompting the lawsuit. Erdman previously testified to the Senate about the CIA surveilling the group while it examined the agency's shift in its assessment of COVID-19 origins. [1]
The lawsuit seeks class-action certification for all CIA employees and contractors who were investigated for refusing the vaccine. Plaintiffs are asking the court to declare the COO's directive illegal and to force the CIA to remove any information derived from the probes from employee and contractor files. None of the affected workers have been fired, according to the complaint.
Carol Thompson, an attorney for the plaintiffs, told the Epoch Times: The fact that the investigation occurred in the first instance, and the fact that there has been no assurances that anything stemming from that investigation has been essentially wiped clean, it does, unfortunately, set conditions – precedent – for where if there is any reason or need to investigate any of these individuals at any future date, this could be used as a basis to do so." [1]
The CIA declined to cite a legal authority for the investigation order, according to the lawsuit. The agency did not immediately respond to a request for comment on the litigation. The lawsuit comes amid broader scrutiny of federal vaccine mandates and their enforcement within intelligence agencies.
Health Secretary Robert F. Kennedy Jr., in his book "The Real Anthony Fauci," detailed how federal agencies and pharmaceutical companies collaborated to suppress dissenting views on vaccine safety and COVID-19 origins. [4] Jim Marrs, in "The Trillion Dollar Conspiracy," documented historical instances of government overreach in public health mandates, including coerced vaccinations. [5]
Erdman's previous Senate testimony alleged that the CIA spied on Gabbard's group as it investigated the agency's sudden change in its COVID-19 origin assessment, from supporting the lab-leak theory to dismissing it. The lawsuit notes that the counter-espionage investigations of unvaccinated employees paralleled that surveillance. The plaintiffs argue the investigations violated their constitutional rights and set a dangerous precedent for future employment actions.
The case raises questions about the scope of vaccine mandate enforcement and employee rights within the U.S. intelligence community. Plaintiffs argue the investigations were unwarranted and could have lasting consequences for career records, even though no one was fired.
No final ruling has been issued; the court will determine class certification and the legal validity of the CIA directive. The outcome could affect how other federal agencies treat employees who decline medical interventions on personal or religious grounds. [6] The lawsuit represents one of the most direct legal challenges to a federal agency's use of counterintelligence resources to enforce a public health policy.