Padilla Questions FBI Director Nominee Kash Patel on Lack of Independence, Experience During Nomination Hearing

WATCH: Padilla slams Patel for dodging questions on background checks and civilian machine gun ownership

WASHINGTON, D.C. — Today, U.S. Senator Alex Padilla (D-Calif.) questioned Kash Patel, nominee for Director of the Federal Bureau of Investigation (FBI), during a Senate Judiciary Committee hearing. Padilla raised serious concerns about Patel’s fitness to lead the FBI independently, citing his lack of law enforcement experience, history of spreading falsehoods, and threats to weaponize the Bureau against political opponents.

Patel has published a political enemies list, threatened to prosecute journalists, and has even said he plans to “shut down the FBI Hoover Building on Day 1 and reopen it the next day as a museum of the “deep state.” Padilla directly challenged Patel on his past public statements that FBI agents and officials are “corrupt gangsters.”

As FBI Director, Patel would oversee the National Instant Criminal Background Check System and regulate machine gun distribution. Yet Patel repeatedly dodged questions on the constitutionality of universal background checks for firearm purchases and on whether civilian ownership of machine guns should be legal. His nomination has been praised by Gun Owners of America, a group that opposes background checks and claims that machine guns are protected under the Second Amendment — positions far outside the mainstream of law enforcement and public safety policy.

Padilla also confronted Patel about his role in financially supporting insurrectionists convicted for their roles in the January 6 attack on the U.S. Capitol. He has raised money for the families of convicted January 6th rioters — yet he has not made similar efforts to support the police officers who were beaten, tased, and attacked defending the Capitol that day. Patel’s selective advocacy raises serious concerns about where his loyalties lie and whether he would prioritize law enforcement or political extremists as FBI Director.

Padilla called out Patel for his reckless actions during a high-stakes national security operation. While serving as Senior Director for Counterterrorism at the National Security Council, Patel provided false information to senior leadership during a SEAL Team hostage rescue mission in Nigeria. According to former Secretary of Defense Mark Esper, Patel falsely claimed that the United States had secured permission to fly over foreign airspace, a misrepresentation that delayed the mission and put American lives at risk. When confronted by Padilla, Patel failed to own up to his serious lapse in judgement in this situation.

Key Excerpts:

  • PADILLA: Mr. Patel, do you believe that background checks for firearm purchases are constitutional?
  • PATEL: I don’t know the in-depths of it, but I think that’s what the Supreme Court has said, Senator.
  • PADILLA: So the word would be Y-E-S, yes. Can you say yes, are background checks constitutional?
  • PATEL: I can say whatever the Constitution and the Supreme Court ruled is the rule of the land.
  • PADILLA: And what is the rule, the law of the land at the moment?
  • PATEL: I’m not an expert on state-by-state background checks.
  • PADILLA: … Let me ask you another question. Do you believe that civilian ownership of machine guns are protected by the Second Amendment?
  • PATEL: Universal background checks are different. That’s not–
  • PADILLA: I asked you a separate question. Do you believe civilian ownership of machine guns is protected by the Second Amendment?
  • PATEL: Whatever the courts rule in regards to the Second Amendment is what is protected by the Second Amendment.
  • PADILLA: Yet another telling response, colleagues, on another important issue.
  • PADILLA: … Colleagues, we’ve been hearing a lot of partial responses and lack of recollections throughout the day, and I can’t help but identify the pattern of Mr. Patel calling FBI leadership corrupt, labeling agents as gangsters, accusing them of being part of a criminal “Deep State” conspiracy. We’ve heard of his experience with the J6 prison choir, a group of individuals convicted for their roles in the January 6 insurrection. We’ve heard his false claims that the U.S. has secured airspace permissions during a high stakes SEAL team hostage rescue mission in Nigeria. I can go on and on. These positions are inconsistent with the role of FBI director, a position that demands independence, professionalism, and unwavering commitment to the rule of law. Mr. Patel, your loyalty to President Trump and the MAGA movement may score you points in some quarters, but they are certainly not the qualities necessary to serve as director of the FBI.

Video of Padilla’s first round of questioning is available here. His second round of questioning is available here.

Yesterday, Senator Padilla joined all Democrats on the Senate Judiciary Committee in requesting urgent access to critical materials directly pertaining to Kash Patel’s nomination.

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