Kash Patel's Judiciary Hearing in Washington DC

The FBI’s vast investigative authority necessitates a director possessing sound judgment, restraint, and unwavering commitment to the rule of law above personal loyalty. Kash Patel, Trump’s nominee, demonstrably lacks this crucial quality.

While Patel’s qualifications to lead the Bureau may be debated, his evident lack of independence is disqualifying. His January 30th hearing testimony, refusing to acknowledge Donald Trump’s 2020 election loss, coupled with his history of subservience to Trump, strongly suggests he would be unlikely to challenge executive overreach.

My experience as a former national security prosecutor and law professor reveals a problematic history for the FBI. J. Edgar Hoover’s decades-long leadership saw warrantless wiretaps targeting those he deemed “subversive,” including [redacted]. The Bureau’s actions in the 1960s and 70s included infiltrating student groups, civil rights organizations, and the anti-war movement under the guise of national security, targeting individuals based on constitutionally protected activities and employing deceptive propaganda.

Following Senate investigations into these tactics, the FBI instituted the Domestic Intelligence Operations Guidelines (DIOG), a policy manual designed to safeguard against abuses of power. Strict adherence to the DIOG prevents misuse of investigative techniques.

However, the DIOG is policy, not law. A director could readily overturn it. While one hopes agents would resist unlawful actions, compliance with a director’s altered policies would be expected.

When questioned by senators about resigning if directed to engage in unethical or unconstitutional conduct, Patel offered a noncommittal response, echoing Pam Bondi’s confirmation hearing response: “I would follow the law.”

Since Trump’s first term, Patel’s loyalty to his former boss has been conspicuous. A 2022 report on classified documents found at Mar-a-Lago cited Patel’s claim of witnessing Trump declassify documents, but a lack of official documentation. Trump’s subsequent indictment on charges of unlawfully retaining national defense documents was later dismissed following his November reelection.

Patel also produced the “Pledge of Allegiance” musical recording, featuring Trump reciting the pledge backed by the voices of the “J6 Prison Choir,” incarcerated January 6th defendants singing via jailhouse phone lines. Notably, Patel authored a children’s book, , depicting “King Donald” falsely accused of election fraud through collusion with Russia, with “Kash,” a wizard, as the hero.

Such ardent presidential loyalty would be concerning in any administration, but is particularly troubling given Trump’s history of targeting political opponents. Many of Trump’s targets feature in Patel’s book, , attacking the alleged “deep state.” The book names officials—including former Attorney General William Barr and former FBI Directors James Comey and Christopher Wray—described as “a cabal of unelected tyrants.” While denying the list constitutes an enemies list, Patel has suggested targeting not only former officials but also journalists. In a [redacted], Patel stated that in a second Trump administration, “We will go out and find the conspirators not just in government, but in the media.”

While due process protections make baseless criminal convictions of Trump’s rivals unlikely, the process itself is burdensome and reputationally damaging.

Decisions to initiate criminal proceedings require objective, fact-based judgment. Kash Patel’s record demonstrates he cannot be trusted to make such decisions.