Can Kash Patel get confirmed by the Senate?
Trump nominates Kash Patel as FBI Director
President-elect Donald Trump has named longtime ally Kashyap "Kash" Patel, who has been a frequent and harsh critic of the FBI, to serve as the bureau's next director in the new administration. Earlier in the day, Trump nominated real estate developer Charles Kushner, father of Trump’s son-in-law Jared Kushner, to serve as ambassador to France. Hillsborough County Sheriff Chad Chronister was selected to be the next Administrator for the Drug Enforcement Agency (DEA) by President-elect Trump.
Kash Patel, a steadfast ally of President-elect Donald Trump, has been chosen by Trump to lead the FBI and replace current FBI Director Christopher Wray.
Patel has been vocal about his plans to shake up the bureau – but his confirmation to one of the nation’s top law endorsement jobs is not assured despite Republicans winning control of the Senate.
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In selecting Patel late Saturday over more conventional contenders, Trump is once again testing his ability to get the Senate to bend to his will by confirming some of his more provocative nominees.
Will the Senate confirm Kash Patel?
Kash Patel, a former chief of staff to then-acting Secretary of Defense Christopher Miller, speaks during a campaign event for Republican election candidates at the Whiskey Roads Restaurant & Bar on July 31, 2022 in Tucson, Arizona. (Photo by Bra
There are no doubt lawmakers who support Trump’s desire for a radically overhauled FBI, particularly following federal investigations that resulted in two separate indictments against the president-elect, and who share his sentiment that federal law enforcement has been "weaponized" against conservatives.
But Patel is likely to face deep skepticism during his confirmation hearings over his stated plans to rid the government of "conspirators" against Trump, and his claims that he would shut down the FBI’s Pennsylvania Avenue headquarters in the nation's capital and send the thousands of employees who work there to "chase down criminals" across the country.
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And while Trump may have wanted a loyalist willing to pursue retribution against his perceived adversaries, that perspective is likely to give pause to senators who believe that the FBI and Justice Department should operate free of political influence and not be tasked with carrying out a president’s personal agenda.
Foreshadowing the potentially bruising confirmation fight ahead, Sen. Chris Coons, a Delaware Democrat, wrote on social media late Saturday: "Kash Patel will be another test of the Senate’s power of advice and consent. Patel needs to prove to the Senate Judiciary Committee that he has the right qualifications and, despite his past statements, will put our nation’s public safety over a political agenda focused on retribution."
Trump has also raised the prospect of using recess appointments to push his nominees through the Senate.
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Patel has made a series of brash claims about his plans for the federal government, but most of those proposals would require backing and buy-in from other officials and would almost certainly encounter significant resistance. His claim that he would reduce the FBI’s footprint and authority stands in contrast to the tack traditionally taken by leaders of the bureau, who invariably say they want more resources — not less.
He’s talked about trying to rid the government of "conspirators" against Trump and of going "after the people in the media who lied about American citizens who helped Joe Biden rig presidential elections," whether criminally or civilly.
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Under the FBI’s own guidelines, criminal investigations can’t be rooted in arbitrary or groundless speculation but instead must have an authorized purpose to detect or interrupt criminal activity. And while the FBI conducts investigations, the responsibility of filing federal charges, or bringing a lawsuit on behalf of the federal government, falls to the Justice Department. Trump last week said he intended to nominate former Florida attorney general Pam Bondi to serve as attorney general.
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Patel’s proposed crackdown on leaks of information by government officials to the media is an indication that he wants the Justice Department to undo its current policy prohibiting the secret seizure of reporters’ phone records in leak investigations. That policy was implemented by Attorney General Merrick Garland following an uproar over the revelation that federal prosecutors had obtained subpoenas for journalists’ phone records.
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Patel has talked about disentangling the FBI’s intelligence-gathering operations — now a core function of the bureau’s mandate — from the rest of its operations. It’s unclear whether he intends to carry through on that pledge or how it would be greeted at a time when the U.S. is facing what officials say is a heightened threat of terrorism.
He also says he wants to close down the FBI’s storied Pennsylvania Avenue headquarters and send the employees who work there across the country. It’s not clear if that’s a hyperbolic claim simply reflecting disdain for the "deep state" or something he’d actually try to implement, but how that would look in practice remains a big question mark.