Democrats are relying on dubious tactics and allegations that wither under scrutiny to delay Kash Patel’s nomination to lead the Federal Bureau of Investigation (FBI).
In a letter led by Ranking Member Dick Durbin (D-IL), Democrats took the unusual step Tuesday of asking Senate Judiciary Chairman Chuck Grassley (R-IA) to hold an additional hearing with Patel after struggling to halt his nomination’s momentum during a five-and-a-half hour confirmation hearing on January 30.
Grassley declined the request later Tuesday, writing that Patel “has provided ample opportunity for this Committee to scrutinize his record” and that “none of the issues raised in [the Democrats’] letter justify delay.”
Durbin’s letter raises a handful of objections to Grassley moving Patel’s nomination forward that appear little more than dilatory. He also uses his letter to recirculate a request from Senate Democrats for the Department of Justice to release Volume II of Special Counsel Jack Smith’s report on Trump’s classified documents case, which was sealed under court order by Judge Aileen Cannon in January after she threw out the case in July.
Under questioning from Sen. Cory Booker (D-NJ), Patel confirmed that he had been subpoenaed by the grand jury in Trump’s documents case and was ultimately compelled to testify by court order, but he could not discuss the details of his testimony, citing a court order.
“I would love my grand jury testimony to be released,” Patel said to Booker, “but as you know, that grand jury testimony has been sealed by the Department of Justice, and I’m not allowed to discuss it here.”
Durbin’s letter, echoing Booker, claims that “there is no legal prohibition barring Mr. Patel from discussing the testimony he provided to the grand jury.” Yet Judge Cannon’s court order, a copy of which was reviewed by Breitbart News, confirms that she prohibited sharing of “any information,” including any included grand jury testimony, in the report:
Attorney General Garland or his successor(s), the Department of Justice, its officers, agents, officials, and employees, and all persons acting in active concert or participation with such individuals, are enjoined from (a) releasing, sharing, or transmitting Volume II of the Final Report or any drafts of Volume II outside the Department of Justice, or (b) otherwise releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in Volume II or in drafts thereof.
Patel’s grand jury testimony likely would be included in that sealed report (it is impossible to verify the contents while it remains under seal), binding Patel against discussing his testimony – facts that Durbin, as the top Democrat on the Senate Judiciary Committee, is almost assuredly aware.
Further, if Patel’s testimony is under seal, he would likely be violating a court order by discussing it, which could result in contempt of court. Democrats in the hearing might have been setting a trap for Patel by pressing him to discuss his testimony.
Durbin also accuses Patel of making false statements during his confirmation hearing regarding the J6 Prison Choir, a group of approximately twenty inmates previously imprisoned in the Washington, DC, jail over their presence and activities in and around the Capitol on January 6. (President Trump later issued sweeping pardons of J6 prisoners he said were politically persecuted.)
The J6 Prison Choir recorded an album to raise funds for the families of others who had been imprisoned to pay college tuition, rent, and other expenses. Patel promoted the album as one of its producers but was not present at the recording. Forbes reported in March 2023 that the song was recorded over a jailhouse phone.
In his letter, Durbin accuses Patel of lying by stating he did not know the individuals in the recording. Although it is not clear, Durbin’s claim appears to rest on the false assumption that by producing the album, Patel was involved in recording the album and therefore must have known the individuals – although Patel never claimed to have been involved in the choir’s recording, which as Forbes reported was made over a jailhouse phone. If Patel did later as much as learn their names, it is unlikely he would be familiar with them or their backgrounds – and Patel never claimed he was.
As Durbin’s own letter notes, Patel, when promoting the album on Breitbart News Saturday on March 10, 2023, said he had only been “a small part of” the album’s production.
Durbin further says “Mr. Patel either lied when he told the Committee that he ‘didn’t have anything to do with the recording’ of the J6 choir, or he was lying when he repeatedly took credit for the recording.” Durbin appear to be confused over the terms “recording” and “producing.” While recording is a part of the production process, Patel’s promotional role as one of the album’s producers did not involve recording the choir’s contribution.
The Illinois Senator then accuses Patel of lying during his hearing when Durbin asked if he was familiar with Stew Peters, an internet podcaster. Patel said in his hearing he did not recall Peters “off the top of my head,” which Durbin said is “simply not credible” due to Patel appearing on his show eight times — appearances Patel disclosed to the committee before the hearing.
Yet documents reviewed by Breitbart News confirm Patel disclosed over 1,600 media appearances from Patel in the four years prior to his hearing, including transcripts and links.
Those eight appearances on the Stew Peters Show comprised less than half of one percent of Patel’s total media appearances during that time. And his most recent disclosed appearance took place June 2, 2022 – over two-and-a-half years prior to his hearing.
Durbin appears to base his claim on the assumption Patel would remember all of his more than 1,600 media appearances, even though they occurred years in the past.
Durbin next claims that recent personnel decisions at the FBI “contradict commitments made by Mr. Patel under oath before the Committee” despite those decisions being made before Patel’s confirmation, while he is still a private citizen not employed by the FBI.
Without offering any evidence Patel was involved in any decisions at the FBI or explaining how actions taken by the FBI at that time would “contradict” Patel’s commitments should he be confirmed, Durbin insists Patel must testify under oath whether he was consulted about the FBI’s actions.
Grassley, his fellow Republicans, and likely the American people are unmoved by Democrats’ flimsy arguments. Grassley plans a final committee vote on the nomination as early as the week of February 10.
Despite Democrats using parliamentary delay tactics, the Senate confirmed its twelfth of President Donald Trump’s nominees Wednesday — at a pace faster than during the Biden administration and Trump’s first term. Most of those 12 nominees were confirmed with bipartisan support.
Bradley Jaye is Deputy Political Editor for Breitbart News. Follow him on X/Twitter and Instagram @BradleyAJaye.
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