The Federal Bureau of Investigation (FBI) wields significant authority in crime investigation. Leading such a powerful agency demands not only sound judgment and restraint but also a steadfast commitment to the rule of law, prioritizing it over personal loyalties. Unfortunately, Kash Patel, who has been nominated by Trump for the role of FBI director, appears to fall short in this regard.
There may be differing opinions among senators regarding Patel’s qualifications to lead the Bureau’s 38,000 employees, but his lack of independence stands as a critical disqualification. During his confirmation hearing on January 30, Patel failed to acknowledge Donald Trump’s loss in the 2020 presidential election. This refusal, coupled with his history of aligning closely with Trump, suggests he may not oppose the executive branch in instances of potential overreach.
Drawing from my experience as a former national security prosecutor and law professor, I recognize that the FBI’s history is marred by controversy. J. Edgar Hoover, who directed the FBI for nearly fifty years, notoriously employed warrantless wiretaps to surveil individuals he deemed “subversive,” including the revered Rev. Martin Luther King, Jr. In the 1960s and 1970s, the FBI’s COINTEL program infiltrated various groups, including student organizations and civil rights movements, all under the guise of ensuring domestic security. The Bureau targeted individuals based on their First Amendment rights and engaged in deceptive propaganda to undermine their credibility.
In response to revelations of these aggressive tactics by a Senate committee during the 1970s, the FBI developed its Domestic Investigations Operations Guide, or “DIOG,” which lays out rigorous protocols for initiating investigations and employing invasive techniques. Adhering strictly to these guidelines is essential to preventing the FBI from misusing its authority.
However, it’s important to note that the DIOG is merely a policy document, not a legal statute. A newly appointed director could easily discard it with a simple keystroke. While one might hope that dedicated FBI agents would resist opening cases without a valid factual basis or resorting to invasive techniques as mere fishing expeditions, any shift in policy from the leadership would likely compel compliance with those directives.
During his confirmation hearings, Patel was evasive when asked whether he would resign if Trump instructed him to partake in unethical or unconstitutional actions, opting instead for the generic response previously employed by Pam Bondi during her attorney general confirmation: “I will follow the law.”
Read More: Kash Patel Rewrites His Own History in FBI Confirmation Hearing
Post-Trump’s first term, Patel’s overt displays of allegiance to his former boss have been quite apparent. A 2022 report from Breitbart noted that Patel claimed to have been present when Trump declassified numerous documents, stating that the “White House counsel failed to generate the necessary paperwork to alter the classification markings.” Although Trump was later indicted for mishandling classified national defense documents, the charges were dismissed after his election in November.
Patel was also behind the “Justice for All” musical project, featuring Trump reciting the pledge of allegiance alongside the “J6 Prison Choir,” composed of individuals charged in connection with the January 6 events, singing the national anthem over a jail phone line. Even more striking, Patel authored a children’s book titled The Plot Against the King, where “King Donald” is falsely accused of election interference with Russian collusion, and the protagonist saving the day is a wizard named “Kash.”
Extreme loyalty to the president could pose a risk in any administration, especially concerning the FBI’s critical law enforcement duties. This concern intensifies given Trump’s history of threatening retribution against political adversaries. Numerous targets of Trump’s ire are mentioned in another of Patel’s works, Government Gangsters, where he criticizes what he calls the “deep state.” This book lists individuals he refers to as “a cabal of unelected tyrants,” including former Attorney General William Barr and ex-FBI directors James Comey and Christopher Wray. Patel has denied that this list constitutes an enemies list, yet he has made it clear that his focus extends beyond former government officials to include journalists. In a 2023 podcast, he expressed intentions to seek out “the conspirators not just in government, but in the media” during a potential second Trump term.
While it’s improbable that Trump’s adversaries would face unfounded criminal charges due to due process protections—such as the right to a grand jury, judicial review, legal counsel, and the requirement of a unanimous jury verdict—the impact of an investigation can be both financially draining and emotionally taxing. Such scrutiny can tarnish a public figure’s reputation irreparably.
The choice to involve anyone in the criminal justice system should be made by qualified professionals, grounded in objective assessments based on facts and the law. Given his track record, Kash Patel cannot be trusted to fulfill that responsibility.