Kash Patel, Donald Trump’s pick to lead the FBI, has suggested that multiple individuals previously critical of the president-elect should be criminally investigated, according to a review by The Washington Post of dozens of hours of appearances on conservative podcasts and TV interviews over the past two years. If Patel uses the perch of FBI director to pursue Trump’s enemies, it would be a significant shift in bureau policy.
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In the remarks, made before his selection to be FBI director, Patel floated criminal probes of lawmakers and witnesses who gave evidence to the
Jan. 6 select committee, accusing them of providing false testimony and of destroying evidence. Those include former Trump aide Cassidy Hutchinson and police officers who testified about defending the Capitol during the Jan. 6 attack. Patel himself
testified to the committee in 2021 after being
subpoenaed.
The Post has found
no evidence of false testimony or
evidence destruction, and the chairman of the committee, Rep. Bennie G. Thompson (D-Mississippi), has
denied that the committee destroyed evidence. But Patel has continued to make accusations along those lines.
“Members of Congress can’t hide behind the speech and debate clause for committing felonies when it comes to destroying and suppressing evidence to law enforcement agencies,” Patel said in March on
“The Joe Pags Show,” a conservative news radio show. “ … they said the Jan. 6 committee is legit. Okay. If you’re legit, then you’re subjected to the federal statutes. And let’s see who broke the law.”
In March, Trump
suggested on social media that Hutchinson should be prosecuted for her
testimony to the committee. In an interview with
the Epoch Times four days later, Patel echoed that suggestion.
“I think there was other lies told by Cassidy Hutchinson under oath,” Patel said, referring to a recent
lawsuit against Hutchinson and parts of her testimony that were later
disputed. “She’s also subject to federal prosecution for lying under oath to federal officials. That’s a felony.”
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And in response to a question in May about Capitol Police officers allegedly testifying falsely to the Jan. 6 committee, Patel suggested that they should be investigated.
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“Not just them [members of the U.S. Capitol Police], many others,” Patel said on
“The Joe Pags Show.” “Lying under oath is a federal offense and they should be investigated for it.”
In an interview with The Post on Monday, former Capitol Police officer Harry Dunn said he was not worried about additional investigations.
“If the investigations are transparent, then no, not at all. We agreed to testify before anybody who was on the committee,” Dunn said. “ … I’m all for continuing investigations and transparency because that will bring to light what really happened that day. And we were there, we weren’t watching it on TV.”
When asked about Patel’s comments on the podcasts and television interviews, Trump transition spokesperson Alex Pfeiffer said, “Kash Patel is going to end the weaponization of law enforcement. The FBI will target crime, not law-abiding individuals with Kash leading the bureau.”
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In an interview with NBC earlier this month, Trump said members of the Jan. 6 committee should be jailed, but said he would not direct the Justice Department in his administration to do so.
“[Liz] Cheney did something that’s inexcusable, along with Thompson and the people on the un-select committee of political thugs and, you know, creeps,” Trump said on
“Meet the Press,” repeating his unsubstantiated claim that the committee has hidden its work. “… They deleted and destroyed a whole year and a half worth of testimony. Do you know that I can’t get — I think those people committed a major crime. … For what they did, honestly, they should go to jail.” The committee’s findings are publicly available on a
government website.
If confirmed by the Senate, Patel would have the authority to launch FBI investigations, but decisions about whether to prosecute would fall to the Justice Department.
“The Clappers and the Brennans and the Comeys of the world will always lie, and when we’re back in power, we will prosecute them for lying to Congress, which is a felony,” Patel said in September 2023 on former Trump aide
Sebastian Gorka’s podcast, referring to past DNI, CIA and FBI chiefs who clashed with Trump.
Patel also said he plans to target reporters. In June 2023, Patel told Donald Trump Jr. on his
podcast that “the legacy media has been proven to be the criminal conspirators of the government gangsters,” referring to roughly five dozen members of the “deep state” listed in his 2023 book, “Government Gangsters.”
And in December 2023, Patel told former Trump aide Stephen K. Bannon on his
podcast that journalists should be investigated, repeating false claims that Trump had won the 2020 election.
“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. “We’re going to come after you. Whether it’s criminally or civilly, we’ll figure that out.”