Topline
Democrats delayed the Senate Judiciary Committee’s vote on FBI director nominee Kash Patel Thursday, though he’s still likely to be confirmed, after Patel appeared before the committee last week and faced opposition from Democrats over his alleged ties to Jan. 6 rioters and previous vows to go after his political enemies.
Kash Patel, President Donald Trump’s nominee to be Director of the Federal Bureau of Investigation … [+]
Timeline
The Senate Judiciary Committee met on whether to approve Patel and Democrats moved to “hold over” the nomination, which means the committee’s vote will be delayed for one week—with the committee’s ranking member Sen. Dick Durbin, D-Ill., arguing Patel “does not have the temperament for the job.”
In an exchange with Sen. Cory Booker, D-N.J., Patel said he would not “lie” for Trump—though Patel previously refused to tell Sen. Chris Coons, D-Del., whether he would resign if Trump ever asked him to go after a political enemy or block an investigation into a Trump ally.
After Patel told senators he didn’t have any knowledge of specific Jan. 6 rioters, Sen. Adam Schiff, D-Calif., asked Patel about comments he made to Steve Bannon in which he described how “we” recorded the Jan. 6 anthem “Justice for All” with participants in the riot—but Patel, who produced the song, claimed not to have had any involvement in the process of recording the track, insisting his use of the term “we” doesn’t imply he had any role in the recording process.
In an exchange with Sen. Peter Welch, D-Vt., Patel refused to say former President Joe Biden won the 2020 election, only saying Biden was certified and served as president even when repeatedly pressed to admit Biden won the race.
Patel refused to explicitly say he would not investigate specific former officials who have been critical of Trump and appeared on the “enemies list” in his 2023 book, like former FBI Director James Comey and former Attorney General William Barr, telling Sen. Mazie Hirono, D-Hawaii, only that he has “no intention of going backwards” in his work at the FBI.
After Sen. Amy Klobuchar, D-Minn., brought up an “enemies list” of anti-Trump government officials Patel included in his 2023 book and the nominee’s suggestion he wants to “shut down” the FBI’s headquarters and reopen it as a “museum of the deep state,” Patel called it a “gross mischaracterization” to describe the grouping in his book an “enemies list,” and said that if “the best attacks on me are going to be false accusations and gross mischaracterizations, the only thing this body is doing is defeating the credibility of the men and women at the FBI.” (Klobuchar responded she was “quoting [Patel’s] words directly.”)
Patel appeared to disagree with Trump’s decision to pardon all Jan. 6 rioters, specifically those who were charged with assaulting Capitol police officers, telling Sen. Dick Durbin, D-Ill., he “[does] not agree with the commutation of any sentence of any individual who committed violence against law enforcement.”
In his opening statement Thursday, Patel touted his belief that “all Americans” must be afforded “due process without bias” and said his priorities at the FBI will be to “tackle violent crime” and let Congress conduct “aggressive Constitutional oversight” over the agency—after Democrats already started railing against Patel’s nomination, with Sen. Dick Durbin, D-Ill., saying Patel “traffics in debunked conspiracy theories” and “has neither the experience, the temperament nor the judgment” to lead the FBI.
Patel published an op-ed in the Wall Street Journal, saying he’s “committed to working alongside the dedicated men and women of the FBI” and restoring “public trust” in the agency.
Democrats on the Senate Judiciary Committee announced they’re requesting documents from federal agencies regarding “alleged misconduct” by Patel during the first Trump administration, with CBS News reporting an anonymous FBI whistleblower contacted the committee with allegations that Patel violated protocol by confirming a hostage exchange to the press before it was completed (a source denied the allegations to CBS).
Patel’s confirmation hearing before the Senate Judiciary Committee is scheduled for Thursday, January 30.
Senate Democrats grilled Attorney General nominee Pam Bondi about Patel’s nomination during Bondi’s confirmation hearing, asking the nominee about Patel’s “enemies list” of former government officials—to which Bondi said she believes Patel “is the right person at this time for this job” but argued there will “never be an enemies list within the Department of Justice” if she’s attorney general.
FBI Director Christopher Wray announced his intention to resign, clearing the way for Trump to install Patel as the next FBI chief.
Trump announced he’s nominating Patel to be the next FBI director, following reports that Patel was being floated for the position.
What To Watch For
The Senate Judiciary Committee is expected to meet next week to vote on Patel’s confirmation.
Who Is Kash Patel?
A lawyer by trade, Patel briefly served in the Justice Department during the Obama administration before moving to the House after Trump took office. He spent two years as senior counsel to former Rep. Devin Nunes, R-Calif., when he led the House Intelligence Committee in 2017 and 2018, helping with the committee’s widely criticized inquiry into the FBI’s Russia investigation and writing the widely criticized memo that came out of that probe. The memo alleged missteps at the FBI in its investigation into the Trump campaign’s ties with Russia, which Democrats criticized as a “misleading” document that compromised national security and was largely an effort to undermine Special Counsel Robert Mueller’s investigation into Trump. Patel joined the Trump administration after Democrats took back the House in 2018, going from serving as Trump’s senior director for counterterrorism on the National Security Council to senior adviser for Trump’s directors of national intelligence, and then finally being promoted to chief of staff to acting Defense Secretary Christopher Miller during Trump’s final months in office. The Washington Post reported Patel was the de facto head of the Office of the Director of National Intelligence and Pentagon when he was at those agencies, even if other people held the director title.
Why Is Kash Patel Controversial?
Patel garnered criticism from officials in Trump’s first administration as he “appeared singularly focused on pleasing Trump” while in office, The Atlantic reports. Patel followed Trump’s policy aims and rhetoric in wanting to seek revenge against a so-called Deep State of political enemies, and was focused on getting rid of officials within intelligence agencies and helping carry out the Trump team’s plan to “restrict the intelligence agencies’ power,” according to The Post. He reportedly butted heads with top officials in the first Trump administration who weren’t always willing to side with the then-president’s more extreme views and believed Patel did not have sufficient experience for his roles. Trump tried to install Patel to serve as deputy director of the CIA or FBI in the final months of his presidency, according to multiple reports, but backed down after then-CIA Director Gina Haspel and then-Attorney General William Barr threatened to resign over the move, with The Times reporting Barr vowed Patel would help lead the FBI “over my dead body.”
What Did Kash Patel Do During Trump’s First Term?
Beyond his extreme loyalty to Trump and desire to clean house at intelligence agencies, outlets including The Atlantic, Times and Post have pointed to multiple particularly controversial moments during Trump’s first term that illustrated why officials had issues with Patel. Former NSC official Fiona Hill testified during Trump’s first impeachment trial that a staffer told her Patel, when he was at the NSC, was privately feeding Trump information about Ukraine and the then-president described him as the council’s “Ukraine director.” Hill said that “alarmed everybody,” because Ukraine was not part of Patel’s remit and he was not on the list to receive materials about it. The Post also reports that Patel pushed officials to declassify information that would harm national security and the military, according to an anonymous senior defense official.
How Did Patel Handle Hostage Rescues?
Trump-era officials raised issues with an instance in which Patel claimed that then-Secretary of State Mike Pompeo told him the U.S. had received airspace permission from Nigeria as it executed a rescue mission to retrieve an American hostage. That was in fact not true, and the plane had to circle around while officials scrambled to alert Nigerian authorities about their plan, with Pompeo saying he had never spoken with Patel. Patel denied both of those instances to The Atlantic. That hostage retrieval is separate from the instance Senate Democrats are seeking information on, in which Patel allegedly confirmed a hostage exchange to The Wall Street Journal before the hostages were in U.S. custody. That would violate protocols requiring such hostage missions to be kept confidential until they’re complete. An anonymous source responded to those allegations to CBS News, saying there is “no veracity” to the allegations Patel breached protocol.
Crucial Quote
“A lot of people say he’s crazy,” Trump reportedly said about Patel, according to an anonymous adviser cited by The Atlantic. “I think he’s kind of crazy. But sometimes you need a little crazy.”
What Have Senators Said About Confirming Patel?
Democrats have been staunchly opposed to Patel’s nomination, with Durbin saying in a statement Patel is the “wrong choice” and “has neither the experience, the temperament, nor the judgment to lead the FBI.” “Mr. Patel’s political grievances make him a favorite of the MAGA world, but they have not prepared him to work night and day to keep us safe from violent crime, drug trafficking, terrorism, and other threats,” Durbin said. Given Republicans’ Senate majority, Patel could be confirmed without any Democratic support, however, and GOP lawmakers have been largely positive about the Trump nominee. “I am ready to vote for Kash Patel,” Sen. Lindsey Graham, R-S.C., told CBS News Sunday, while Sen. Thom Tillis, R-N.C., said in December the FBI nominee is “the real deal.” (Both serve on the Senate Judiciary Committee.) “I assume that Mr. Patel will be confirmed as the next FBI director,” Sen. John Cornyn, R-Texas, another Senate Judiciary member, told CNN in December, saying he was “certainly inclined to support him – barring some unforeseen circumstances.” It still remains to be seen how some Senate Republicans viewed as potential swing votes will rule on Patel, however, particularly Sens. Mitch McConnell, R-Ky., Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska.
Chief Critic
“No part of the FBI’s mission is safe with Kash Patel in any position of leadership in the FBI, and certainly not in the deputy director’s job,” former FBI deputy director Andrew McCabe told CNN in November, saying the “scope of authority” in that job is “enormous.” “If you enter into that position with nothing more than a desire to disrupt and destroy the organization, there is a lot of damage someone like Kash Patel could do,” McCabe added.
What Has Kash Patel Done Since Trump Left Office?
Patel has remained a key Trump supporter since leaving the White House, going on to launch an organization called The Kash Network that funds legal and educational efforts for people in line with Trump, including “whistleblowers” and “defamed American citizens” and educating “the public in areas the mainstream media refuses to cover.” The former adviser has also been an outspoken Trump advocate in the media, frequently appearing on right-wing podcasts and programs, and launched a line of merchandise highlighting Trump and Jan. 6 rioters. He has also penned a children’s book called “The Plot Against The King” that paints him as a wizard defending “King Donald” and helped produce the pro-Jan. 6 rioter anthem “Justice for All.” Patel testified before a grand jury in the investigation that led to Trump being indicted for allegedly withholding White House documents, with the Associated Press reporting he received immunity for his testimony, after claiming to Breitbart News that Trump broadly declassified materials while he was in office.
What Would Kash Patel Do During A Second Trump Term?
Patel has broadly vowed to retaliate against Trump’s enemies during a second stint in the White House, telling Steve Bannon on his “War Room” podcast that he wanted to go after perceived enemies “not just in government but in the media.” “We’re going to come after the people in the media who lied about American citizens who helped Joe Biden rig presidential elections,” Patel said, referring to the 2020 election. “We’re going to come after you, whether it’s criminally or civilly. … We’re putting you all on notice.” Patel’s book “Government Gangsters” also calls for a “comprehensive housecleaning” of officials at the DOJ and firing the “top ranks” at the FBI, as quoted by ABC News. He argues in his book that anyone at the FBI should be prosecuted who „in any way abused their authority for political ends,” ABC reports, writing that „the FBI has become so thoroughly compromised that it will remain a threat to the people unless drastic measures are taken.” Other measures that Patel could seek to impose in a second Trump term include taking away security clearances from anyone involved with the FBI’s Russia investigation, shutting down the FBI’s main Washington, D.C., headquarters and sending most officials out into the field, and declassifying and releasing documents from the FBI’s Russia investigation, according to ABC.
Key Background
Trump named Patel as his FBI nominee in November, even before current FBI Director Christopher Wray announced in December he intended to resign. Trump was widely expected to replace Wray, whom Trump initially hired in 2017, but Wray’s decision to leave on his own with more than two years left in his decade-long term allowed Trump to avoid political blowback from firing the FBI chief. Patel’s nomination as FBI director comes as Trump has been focused on staffing his second term with loyalists who will carry out his agenda and more extreme proposals, as the incoming president reportedly wants to avoid issues during his first term with top figures like Haspel and Barr refusing to capitulate to his demands. Patel is one of several controversial nominees Trump has named to top roles in his administration, like choosing Fox News host Pete Hegseth to be secretary of defense, Robert F. Kennedy Jr. to be health secretary and former Rep. Tulsi Gabbard to be director of national intelligence.
Further Reading
Trump’s Cabinet: Here Are His Picks For Key Roles (Forbes)
How fierce Trump ally Kash Patel could help reshape the FBI or Justice Department (ABC News)
The Man Who Will Do Anything for Trump (The Atlantic)
Kash Patel: The Magical Rise of a Self-Described ‘Wizard’ in Trump World (New York Times)
