Watch Live: Kash Patel confirmation hearing for FBI director

Sen. Mazie Hirono, a Democrat from Hawaii, asked Patel whether Mr. Trump lost the 2020 election.

“President Biden’s election was certified,” Patel said. “He was sworn in and he served as the president of the United States.”

Hirono said she was looking for a yes-or-no response.

Democratic Sen. Richard Blumenthal of Connecticut pressed Patel on whether he would tolerate the firing of FBI agents who worked with former special counsel Jack Smith’s office on the investigations into Mr. Trump. 

The president was charged in two separate cases brought by Smith, but they have since been dropped because longstanding Justice Department policy forbidding the prosecution of a sitting president.

“Every FBI employee will be held to the absolute same standard and no one will be terminated for case assignments,” Patel said.

He later added that “all FBI employees will be protected from political retribution.”

But Blumenthal wasn’t pleased with Patel’s answer and said he “failed” the test of whether he would push back against unlawful directives from Mr. Trump.

Blumental’s line of questioning stemmed from the Justice Department’s firing of roughly a dozen employees who worked for Smith on the investigations and prosecutions of Mr. Trump.

The president has repeatedly attacked the FBI for conducting the court-authorized search of his South Florida resort, Mar-a-Lago, in August 2022 and recovering more than 100 documents marked classified. Mr. Trump faced 40 charges as a result of his alleged mishandling of sensitive government records after leaving office and pleaded not guilty. 

The case was ultimately dropped by the Justice Department after Mr. Trump’s election in November.

Patel sought to assuage concerns that he would not maintain the FBI’s independence and instead follow directions from Mr. Trump to open investigations into his political adversaries, such as former Vice President Kamala Harris.

Any law enforcement investigation would only be launched on “a factual, articulable legal basis to do so,” he said.

“I would never do anything unconstitutional or unlawful and I never have,” Patel said, later adding that he will “always obey the law.”

During the exchange with Sen. Chris Coons, a Democrat from Delaware, Patel was asked whether he would follow through on prior statements to refer his predecessor, former FBI Director Chris Wray, for criminal prosecution.

“There is enough violent crime and enough national security threats to this country that the FBI is going to be busy going forward preventing 100,000 overdoses, 100,000 rapes and 17,000 homicides,” he said.

Patel told Coons that he has “no interest, no desire and will not if confirmed go backwards. There will be no weaponization at the FBI. There will be no retributive actions taken by any FBI should I be confirmed as FBI director.”

Sen. Amy Klobuchar, a Democrat from Minnesota, ran through a list of comments and social media posts from Patel on a range of topics, from the integrity of the 2020 election to the COVID-19 pandemic to criticisms of Mr. Trump’s purported enemies.

But Patel repeatedly told the panel that he didn’t have some of the statements at issue in front of him and did not believe others were accurate.

In one exchange, Klobuchar asked Patel whether, when promoting supplements that could allegedly help people “detoxify” the effects of COVID-19 vaccines, he conducted clinical trials.

Patel said he was not a doctor but did “give people an opportunity to make an independent choice about what was best for their families.”

In another exchange, Klobuchar asked Patel whether he included former Attorney General Bill Barr on a list of so-called “deep state” executive branch employees because of a personal vendetta against him.

Patel said it is a “mischaracterization” to call it an enemies list, when the names are part of a glossary in the back of his 2023 book, “Government Gangsters.”

“I have no personal vendetta against Bill Barr,” he said.

As Klobuchar ran over on time, she told the panel that she was quoting Patel’s own words.

“It is his own words. It is not some conspiracy. It is what Mr. Patel actually said himself. Facts matter,” she said.

Patel, meanwhile, defended himself from the criticisms.

“Any accusations leveled against me that I would somehow put political bias before the Constitution are grotesquely unfair and I will have you reminded that I have been endorsed by over 300,000 law enforcement officers to become the next director of the FBI,” he said.

Republican Sen. John Cornyn of Texas took up questioning on Section 702 of the Foreign Surveillance Act, which allows the U.S. government to collect digital communications of foreigners outside the U.S. It has been criticized because Americans can end being surveilled as well without a warrant. 

Patel has previously appeared to be critical of the way the statue was used under Wray.

“The issue, for me, is not with FISA in 702, the issue has been those that have been in government service and abused it in the past,” Patel said. “And so we must work with Congress to provide the protections necessary for American citizens dealing with these matters, including hostage rescue operations in real time, which we use FISA collection to find and save American hostages.” 

Patel said that having a “warrant requirement” to go through that information “in real time is just not comported with the requirement to protect American citizenry.” 

Cornyn said the newly-installed CIA director John Ratcliffe said that while 702 can be used “appropriately,” it can also be “abused by people who are willing to cross a line they should not cross.”

“They’re both true, and that’s why we need to work together to make sure Americans have trust again in these measures used to protect our country,” Patel said. 

Following criticisms by Sen. Sheldon Whitehouse, a Democrat from Rhode Island, Patel rejected the characterization of his comments. 

“In the collective, all of those statements are taken out of grotesque context,” he said.

Patel accused his critics of “intentionally putting false information into the public ether and creating more public discourse. The only thing that will matter if I am confirmed as director of the FBI is a de-weaponized, depoliticized system of law enforcement completely devoted to rigorous obedience of the Constitution and a singular standard of justice.”

Durbin asked Patel whether he agrees with Mr. Trump’s decision to grant clemency to more than 1,500 people who were charged as a result of their conduct on Jan. 6. The president granted the pardons and commutations just hours after he was sworn into his second term in office.

Patel said the pardon power rests with the president, but he appeared to split with Mr. Trump on his decision to commute the sentences of 14 defendants who were serving sentences after they were convicted of committing serious crimes on Jan. 6

“I have always rejected any violence against law enforcement, and I have included in that group specifically addressed any violence against law enforcement on Jan. 6,” he said. “I do not agree with the commutation of any sentence of any individual who committed violence against law enforcement.”

Among those whose sentences were commuted by Mr. Trump hours after he was sworn in was Stewart Rhodes, the founder of the far-right group the Oath Keepers who was sentenced to 18 years in prison for seditious conspiracy and other crimes.

Others who received commutations include members of the far-right group the Proud Boys, who were serving sentences after they were convicted of numerous crimes and accused of assaulting law enforcement.

In the first round of questioning from Grassley, Patel pushed back against the assertion that he criticized law enforcement on Jan. 6.

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

Patel again reiterated that “there can never be a tolerance for violence against law enforcement and 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 against law enforcement.”

He praised the Capitol Police for their response on Jan. 6 and said he will call out corruption in government because it is a “privilege to serve this nation.”

Patel also rejected claims that he has promoted QAnon conspiracy theories.

“I have publicly … rejected outright QAnon baseless conspiracy theories or any other baseless conspiracy theories. They must be addressed head-on with the truth,” he said.

Patel kicked off his opening statement by introducing his parents and sister, who traveled to Washington, D.C., for the hearing.

He said he is committed to “justice, fairness and the rule of law,” and said American values have been the “driving force” of his career.

“Protecting the rights of the Constitution is of the utmost importance to me,” Patel said.

Patel said his experience working as a public defender early in his career underscored the importance of due process.

Patel then laid out what he said is a two-fold plan for improving the public’s trust in the FBI

“We must tackle violent crime,” he said. “The priority of the FBI, if I am confirmed, is to ensure that our communities are protected and safeguarded and our children have parks to play in and not needles to walk over. The way we do this: we let good cops be cops.”

The second prong, he said, is aggressive constitutional oversight from Congress.

“The public trust can only be restored if there is full transparency,” he said.

Patel pledged to respond to appropriate requests from Congress expeditiously and fully.

“I am committed to working alongside the dedicated men and women of the FBI,” he said. “They are our warriors of justice and I will always have their backs because they have the backs of the American people.”

Sen. Thom Tillis introduced Patel at the hearing, laying out his background and professional experience.

“Kash possesses significant expertise, an ironclad commitment to justice, and he’s an outstanding choice to lead the FBI,” the North Carolina Republican said.

Tillis said Patel “continues to advocate for justice and transparency and to be ever vigilant in defending our great democracy and the rule of law.”

The GOP senator said he created a “K$H Bingo Card” that includes attacks he expects to hear against Patel.

“I am honored to provide my strongest recommendation for his confirmation,” Tillis said.

Grassley pushed back on Durbin’s characterization of what Patel said about Jan. 6, calling it a “mischaracterization.” 

Patel was not talking about the police officers who responded to the Capitol, Grassley said, but was instead talking about senior Pentagon leadership failing to mobilize the National Guard 

“His comments had nothing to do with police,” he said.

Durbin read a series of comments made by Patel on social media about the Jan. 6, 2021, assault on the U.S. Capitol, including his claims that officers who responded to the assault were “cowards in uniform exposed.”

“Do you think they were cowards?” he said, noting that officers from both Capitol Police and Washington, D.C., Metropolitan Police Department responded.

Durbin also highlighted Patel’s claims that the FBI planned the events of Jan. 6 and said he has been involved in the recording of songs performed by those who were in prison as a result of their actions four years ago.

In his own opening remarks, Sen. Dick Durbin, the top Democrat on the committee, warned about the damage that is done to the FBI when the bureau is used to pursue a president’s personal objectives, citing former FBI Director J. Edgar Hoover’s tenure leading the bureau. He said Congress has taken steps to ensure the independence of the FBI and highlighted the bureau’s values of fidelity, bravery and integrity.

“I do not believe you meet this standard,” he said of the high standard expected of FBI employees. “Mr. Patel has neither the experience, the temperament nor the judgment to lead an agency of 38,000 agencies and … field offices around the globe,” he said.

Durbin, an Illinois Democrat, raised Patel’s prior comments, including his suggestion that he would close the FBI’s Washington, D.C., headquarters and go after members of the media. 

“Does this sound like the kind of nonpartisan law enforcement professional who should lead the FBI? Not to me,” he said. “This is someone who has left behind a trail of grievances throughout his life, lashing out at anyone who disrespects him or doesn’t agree with him.”

Grassley, an Iowa Republican, opened the hearing by offering prayers to those who died in the plane crash in the Potomac late Wednesday night. 

“This is a horrible, hard-to-understand disaster that demands answers,” he said.

Turning to Patel’s nomination, Grassley highlighted his background and stressed that it positions him well to lead the FBI.

“Mr. Patel’s career has been a study in fighting unpopular but righteous causes, exposing corruption and putting America first,” he said.

Grassley warned that public trust in the FBI has declined and said the bureau has been plagued by abuse, lack of transparency, and weaponization.

“It’s your job to restore the public trust and return the FBI to its core mission of fighting crime,” he said.

Grassley also refuted the claims that Patel has a so-called enemies list. In his book, Patel lists the names of more than 50 former or current U.S. officials who he believes are part of the “deep state,” leading to concerns by his critics that he could use his position as FBI director to target them with investigations.

But Grassley told the panel that an “enemies list” is “not a fair characterization.”

“Mr. Patel has identified those he believes have put politics and personal ambition over service to the country,” he said. “He has called out those who’ve used the institutions like the FBI to achieve their own personal gain. Mr. Patel has said he believes that people who do this should be named, and that Americans deserve transparency so that they can make their own judgment, as they did in this last election.”

He called other attacks against Patel “unfounded,” and said he has the qualifications needed to lead the FBI at this time.

“Should you be confirmed, you’ll take charge of an FBI that is in crisis,” Grassley said.

In an opinion piece for the Wall Street Journal, Patel laid out how he would approach the role of FBI director and pledged to work alongside the men and women of the FBI, calling them “warriors of justice.”

“If confirmed, I will remain focused on the FBI’s core mission and not involve the bureau in prosecutorial decisions. Determining whether someone should be charged with a crime is the responsibility of the Justice Department, not the FBI,” he wrote. “If confirmed, I will guide the agency in investigating criminals and safeguarding the homeland.”

Patel said he believes there are two foundational steps needed to shore up the public’s confidence in the FBI.

First, he wrote, “good cops be cops. Leadership means supporting agents in their mission to apprehend criminals and protect our citizens.”

Patel wrote that if he is confirmed he will focus on streamlining operations at the bureau’s headquarters in Washington and boosting the presence of field agents nationwide.

“Collaboration with local law enforcement is crucial to fulfilling the FBI’s mission,” he said.

Mr. Trump’s pick also highlighted the need for transparency.

“Members of Congress have hundreds of unanswered requests to the FBI,” Patel wrote. “If confirmed, I will be a strong advocate for congressional oversight, ensuring that the FBI operates with the openness necessary to rebuild trust by simply replying to lawmakers.”

The Senate Judiciary Committee is set to move forward with Patel’s confirmation hearing despite the deadly plane crash near Reagan National Airport in Arlington, Virginia, on Wednesday night. 

Washington, D.C., Fire and EMS Chief John Donnelly told reporters during a briefing Thursday morning that at least 28 bodies have been recovered. He said officials don’t believe there are survivors.

The Federal Aviation Administration said a plane operated by American Airlines flight from Wichita, Kansas, collided in midair with an Army Black Hawk Helicopter, Officials said there were 60 people and four crew on board the aircraft, and the helicopter was carrying three soldiers. 

In order to win confirmation, Patel will need to secure support from all 53 Senate Republicans, assuming all Democrats oppose his nomination.

But he is likely to face sharp questions from the Judiciary Committee about his fealty to Mr. Trump and his distrust of the Justice Department and FBI, the nation’s premier law enforcement agency. 

In his book “Government Gangsters: The Deep State, the Truth, and the Battle for Our Democracy,” Patel said the FBI has become “compropised” and has claimed there is a so-called deep state of career government officials who attempted to “take down” Mr. Trump.

He also suggested in a September radio interview that the FBI’s Washington, D.C., headquarters should be shuttered and reopened as a “museum of the ‘deep state.'”

Patel told conservative commentator Steve Bannon in December 2023 that a second Trump administration would prosecute the president’s perceived enemies.

“We will go out and find the conspirators, not just in government, but in the media. Yes, we are going to come after the people in the media who lied about American citizens, who helped Joe Biden rig presidential elections,” he said. “We are going to come after you. Whether it’s criminal or civilly, we will figure that out. But yeah, we are putting you all on notice.”

Days before this week’s high-stakes confirmation hearing of Kash Patel to be FBI director, a bureau insider has come forward with new information questioning Patel’s judgment during sensitive hostage rescue missions, CBS News has learned. 

The whistleblower, whose identity is being withheld by Senate Democrats for fear of retaliation, worked with the FBI’s Hostage Recovery Fusion Cell, which leads the government’s missions to rescue hostages overseas. The whistleblower alleges that Patel violated firmly entrenched protocols to keep such operations under wraps until the captives are safely in U.S. hands and their families have been notified.  

In a letter obtained by CBS News, Sen. Dick Durbin, the ranking Democrat on the Senate Judiciary Committee, wrote that Patel, while serving on the National Security Council during the first Trump term, “broke protocol regarding hostage rescues by publicly commenting without authorization on the then-in-progress retrieval of two Americans held captive by Iranian-backed militants in Yemen in October 2020.” 

Read more here.

Patel was born on Long Island, New York, and attended the University of Richmond. He received his law degree from Pace University, and has a certificate in international law from the University College London.

He began his career as a public defender in South Florida, and worked as a trial attorney in the Justice Department’s National Security Division. He also was a legal liaison to Joint Special Operations Command.

In 2017, Patel was special counsel on counterterrorism at the House Intelligence Committee, and then worked as a senior committee aide to its then-chairman, former Rep. Devin Nunes, and as senior counsel at the House Reform and Oversight Committee.

During the first Trump administration, he worked for the National Security Council, as principal deputy at the Office of the Director of National Intelligence, and chief of staff to acting Defense Secretary Christopher Miller.

Patel joined the board of directors for the Trump Media and Technology Group, which owns the social media platform Truth Social, in April 2022 and served as a national security adviser to the president during the campaign.