8 Takeaways From Kash Patel’s FBI Confirmation Hearing

Kash Patel faced sharp questioning from Democrats on the Senate Judiciary Committee on Thursday as President Donald Trump’s nominee to be FBI director. 

“The only thing that will matter if I’m confirmed as director of the FBI is a de-weaponized, depoliticized system of law enforcement, completely devoted to rigorous obedience of the Constitution and single standard of justice,” Patel told the committee. 

The panel got sidetracked on remixed songs, the definition of the word “we,” and a mock Bingo card, and it seemed to split along party lines as some Democrats vowed to oppose Patel’s confirmation even before the hearing began. 

In a 16-year career in national security and law enforcement, Patel was a former chief of staff for acting Secretary of Defense Christopher Miller during the first Trump administration, and has made some controversial remarks as a private citizen that Democrats pounced on.

Here are eight major takeaways from the Patel hearing. 

1. Minds Made Up

Ahead of the hearing, Sen. Dick Durbin, D-Ill., the ranking member of the Judiciary Committee, said he would vote against the nomination, regardless of what occurred during the hearing. 

“I doubt it. I’ve investigated this gentleman, and I read his book twice, which is cruel and unusual, but I’ve gone through it twice,” Durbin told The Daily Signal. “So, I understand his intent. He should not be in charge of the FBI.”

Sen. Richard Blumenthal, D-Conn., told The Daily Signal “there well could be” at least four Republicans to vote against his confirmation.

Before the hearing, Blumenthal said he wanted to learn from Patel whether he would commit to not use the FBI as a tool for political retribution. When asked whether he would vote to confirm Patel if he got that commitment from Patel, he said he is still a no.

“I have a number of other reservations. I think right now I’m a no,” Blumenthal told The Daily Signal. “I’m going to obviously listen carefully to what he says in the hearing. Right now, his past statements, his lack of qualifications, his apparent intent to use the FBI for political retribution, certainly in the case of me, I should vote no.” 

Regarding Blumenthal’s claim of GOP opposition, Sen. Eric Schmitt, R-Mo., said he has seen no evidence any Senate Republicans oppose Patel. 

“Kash has great support in the Senate. I think he is going to do a great job,” Schmitt told The Daily Signal shortly before the hearing. “He’s very well-qualified. That agency really needs reform on the inside. He’s just the person that can do it.”

He further added: “I don’t know any Republican who has come out against him. It is really broad support. I think he’s a breath of fresh air.”

2. Bingo Card

Coming out of the hearing after it concluded, Sen. Thom Tillis, R-N.C., told The Daily Signal, “There is no question that he gets confirmed.”

He said Senate Republicans are unified behind Patel. 

During the hearing, Tillis held up a mock Bingo card made up of with what he considered predictable comments he anticipated hearing from Democrats. 

“I have available to any of my colleagues who might want to view it on the other side of the aisle. Some may view this an unserious caricature and not appropriate for this committee. Sadly, I consider it a serious caricature of what I expect to be witnessed today,” the North Carolina lawmaker said.

After the hearing, Tillis told reporters he scored a Bingo, but declined to show the card.

3. Investigating Epstein

Sen. Marsha Blackburn, R-Tenn., asked Patel if he would support more transparency about the now-deceased Jeffrey Epstein’s reputed sex-trafficking operation. 

The well-connected Epstein died in prison, in what was officially determined to be a suicide, despite its occurring under suspicious circumstances.

“I want to talk to you about the Epstein case. I have worked on this for years, trying to get those records of who flew on Epstein’s plane and who helped him build this international human trafficking, sex-trafficking ring,” Blackburn said. 

She said that Durbin, while he was chairman of the Judiciary Committee, as well as former FBI Director Christopher Wray, blocked the release of the records. 

 “They stonewalled on this, and I know that breaking up these trafficking rings is important to President Trump,” Blackburn said. “So, will you work with me on this issue so we know who worked with Jeffrey Epstein in building the sex-trafficking rings?”

Patel answered “absolutely.” 

“Child sex-trafficking has no place in the United States of America, and I will do everything, if confirmed as FBI director, to make sure the American public knows the full weight of what happened in the past,” Patel said. 

4. Crossfire Hurricane

Patel is formerly a senior counsel for the House Permanent Select Committee on Intelligence, under its then-chairman, former Rep. Devin Nunes, R-Calif., and oversaw the investigation into the Russian active measures campaign to influence the 2016 presidential election. 

He also played a key role in the Nunes Memo that showed the FBI relied on partisan “politically motivated or questionable sources” to obtain a Foreign Intelligence Surveillance Act warrant to spy on Trump campaign aide Carter Page. 

The 2½- year investigation into whether Trump conspired with the Russian government to win the 2016 election was prompted by information fed to the FBI from Hillary Rodham Clinton’s presidential campaign that year and Democrat operatives. The House panel and later special counsel Robert Mueller concluded there was no evidence that Trump conspired with Russians. 

The FBI’s investigation of Trump and Russia was known as Crossfire Hurricane. 

“In 2017, Rep. Devin Nunes asked Mr. Patel to join the House Permanent Select Committee to uncover the truth about Russiagate, and Mr. Patel did uncover the truth,” Senate Judiciary Chairman Chuck Grassley, R-Iowa, said. 

“It was during this period of time, if you remember, was the first time I met you, Mr. Patel,” Grassley continued. “Through tireless work, Mr. Patel showed that Crossfire Hurricane was based upon fraudulent, discredited information paid for by the Democratic National Committee and the Clinton campaign. For his efforts to uncover the truth, the mainstream media—Can you believe this?—personally attacked Mr. Patel, and the FBI secretly subpoenaed his records.”

Sen. Lindsey Graham, R-S.C., contended that without the FBI’s bungled Russia probe, Patel likely would not be the FBI nominee. 

“Do you believe that Crossfire Hurricane is one of the most disgusting episodes in FBI history of a corrupt investigation led by corrupt people who wanted to take Donald Trump down?” Graham asked. 

“Yes,” Patel replied. 

Graham asked, “Do you think that’s why you’re in this chair today to fix that?”

Patel said, “I think that’s a big part of it.”

Graham brought up the report by Justice Department Inspector General Michael Horowitz and by special counsel John Durham that concluded the investigation was politically motivated. 

“The reason you’re here is, most of the public and almost every Republican believes the FBI has been used continuously in a political fashion, ignoring evidence, making up evidence to get Donald Trump,” the South Carolina lawmaker said. 

5. Jan. 6 Prison Choir

Several Democrats brought up Patel’s endorsement of a remixed album of the Jan. 6 prisoners choir. 

Sen. Adam Schiff, D-Calif., focused heavily on Patel’s promotion of a recording of Jan. 6 defendants singing the national anthem. The money from the album went to the families of the defendants. 

Schiff quoted him saying in an interview on Steve Bannon’s “War Room” podcast: “Then we went to a studio and recorded it, mastered it, digitized it, and put it out as a song now to be exclusively released on the ‘War Room.’”

“We, we, we,” Schiff said to Patel. “If you had nothing to do with Mr. Bannon, why did you tell Steve Bannon and all his listeners that you did?”

“That’s why it says ‘we,’” Patel replied. 

“You’re part of the ‘we,’ aren’t you? That includes you, doesn’t it, Mr. Patel?” Schiff asked.

“Not in every instance,” Patel replied. 

“That’s new. When you said ‘we,’ you didn’t really mean ‘you.’ Is that your testimony?” a flustered Schiff replied. 

“Not unless you have a new definition of the word ‘we,” Patel said. 

“I always thought we included the person who pronounced the word. But maybe not. … After saying, ‘We took it to a studio,’ did you take it to a studio?” Schiff said. 

“Me, personally, no,” Patel said.

“After you said that we digitized and recorded it, and all that, did you take it to a studio and digitize or record it?” Schiff again asked. 

“Me, personally, no,” Patel again answered. 

“So, you were lying to Steve Bannon and his audience. Is that what you are saying?”

“No, I was using the proverbial ‘we.’”

“You certainly promoted the hell out of it, didn’t you?” Schiff said. 

“I don’t know what that means, but I promoted the heck out of raising money for families in need,” Patel said. 

Also during the hearing, Patel noted that after the House select committee investigating Jan. 6 disclosed his personal information, he began getting death threats and had to move to another home.

“If you look at the record from Jan. 6, where I testified to that committee, because of my personal information being released by Congress, I was subjected to a direct and significant threat on my life,” he said. “I put that information in the record. I had to move. In that threat, I was called ‘a detestable sand n—er,’ who had ‘no right being in this country.’

“‘You should go back to where you came from. You belong with your terrorist friends. … ’ But that’s nothing compared to what the men and women in law enforcement face every day. That’s why they have my support.”

During the hearing, Schiff asked him, “So, explain your position on Jan. 6 to this committee and how do you respond to critics who say that you’re anti-law enforcement?”

Patel said he has always been pro-law enforcement. 

“If anyone wants to consider me as anti-law enforcement, then look at my 16 years in government service, whether I was trying 60 jury trials in state and federal court upholding the rights of the indigent and breathing life into constitutional due process, or later as a national security prosecutor, where I served this country and overseas, or later, when I was a joint special operations command civilian embedded with SEAL Team 6 and Delta [forces], chasing down some of the most high-value targets there are on this earth and successfully achieving a mission and state,” Patel said. 

He continued:

I have always respected law enforcement. I have taken that oath, and will take that oath again, God willing, to be the next FBI director.

As for Jan. 6, I have repeatedly, often, publicly and privately said there can never be a tolerance for violence against law enforcement. Anyone, anyone, that commits an act of violence against law enforcement must be investigated, prosecuted, and imprisoned. 

On Jan. 6, I said the same thing about acts of law enforcement. The Capitol Police, who I have served with, and when I was chief of staff at the Department of Defense, rushing to the aid of the members of this committee and your colleagues, to provide the National Guard was my top mission priority, not politics.

Schiff was a member of the Jan. 6 committee, and benefited from a blanket pardon that President Joe Biden granted to committee members on his final full day in office. 

6. Grand Jury Testimony

Patel had testified to a grand jury in Florida in the Trump classified documents case. He asked the Justice Department to make his testimony public, but the DOJ has thus far kept it secret. 

During the hearing Thursday, several Democrats insisted he tell them what he told the grand jury. The Justice Department dropped its case against Trump after the election. 

Sen. Cory Booker, D-N.J., said, “It would be irresponsible for us to move forward if we do not know if he lied for the president of the United States. … Did he or did he not lie for the president?”

When questioned about the matter, Patel told Booker: “We are in agreement, Senator. Get my grand jury testimony. I want it made public. I asked the Department of Justice to make it public, and they refused to do so”

During the back and forth, Patel tried to answer, when Booker interrupted, asking, “Did you or did you not commit a crime?”

Patel said, “I did not commit a crime.”

Booker asked, “Then why don’t you tell us what you testified to?”

Patel replied, “Because it occurred over the course of three weeks. I don’t have the ability to recall everything. But I’m asking you to release the transcript.”

“Did you or did you not testify to witnessing the president declassifying documents,” Booker asked. 

“I testified and accordingly under oath, and I encourage you to get that transcript,” Patel said. 

“And by the law of our land, you are free to tell people what you are hiding from Congress,” Booker said. 

7. No Religious-Based Targeting

Sen. Josh Hawley, R-Mo., pressed Patel if he would discipline the FBI personnel involved in directing investigations of members of traditional Catholic churches labeled extremist groups. 

“Will you also commit to me that you will do due diligence and find out who wrote this memo, who spread this memo, the field office involved in this memo?” he asked. 

“I can tell you, we’ve had your predecessor, and he has repeatedly, repeatedly lied—there is no other word for it—lied to this committee,” the Missouri lawmaker said. “He told us initially that it didn’t happen, that the FBI didn’t make a list of any churches. That’s not true. We have it. A whistleblower provided the list for us.”

“We know from another whistleblower, multiple field offices have worked on it,” Hawley continued. “He said it was never posted on the internal system. It turns out it was. We believe it is still in effect. Will you find out who was involved in this gross abuse of Americans’ First Amendment rights? Will you discipline them, and if you possibly can, will you fire them?”

Patel agreed to do so with transparency. 

“You have my commitment to investigate any matter such as this one that is important to Congress,” Patel said. “I will fully utilize, if confirmed, the investigative powers of the FBI to give you the information you require and also to hold those accountable who violated the sacred trust given to them by the FBI.” 

Hawley also asked about arrests of pro-life activists under the FACE Act, or Freedom of Access to Clinic Entrances Act. 

“Under this last administration, the Department of Justice brought numerous prosecutions under the FACE Act for nonviolent protests,” he said, asking: “Will you make clear to all agency personnel that there can be no targeting on the basis of religious belief, and this will never happen again in the United States of America?”

Patel said such targeting won’t occur under his watch. He noted that resources used for political purposes should be targeted at violent crime. 

“There will be no such targeting if I’m confirmed as FBI director, and the resources of the FBI, which are funded by the American taxpayer dollars,” he said. “In the seven minutes you and I have been talking, two people have died from fentanyl overdose, one person has been shot to death, and three people have been raped. The resources of the FBI will go to that mission.”

8. The 2020 Election

Sen. Peter Welch, D-Vt., was among the Democratic senators who pushed Patel to say Joe Biden defeated Donald Trump in the 2020 presidential election. 

“Do you believe the 2020 election was stolen, as President Trump says it was?” Welch asked Patel. 

“My opinions on the 2020 election have been expressed in this hearing. He’s entitled to whatever opinion he wants,” the nominee said. 

Welch pressed: “Do you agree with him that the election was stolen?”

Patel said there have been long-standing concerns about various elections for years. 

“Senator, millions of Americans have expressed concern going back to multiple elections over election integrity,” he said. 

Welch responded, “You’re so skillful.”

“You understand what I’m asking you,” the Vermonter said. “Can you say the words, ‘Joe Biden won the 2020 election?’”

Patel said, “Joe Biden was the president of the United States.” 

Welch said that’s not the same thing. 

“I can say the words, ‘Donald Trump won.’ I don’t like to say it], but I must say it,” he said. “And you cannot say that Joe Biden won the election.” 

Patel said, “What I can say is the same for both of them, Senator. Both of their elections were certified. One was—and one is—president.”

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