President Donald Trump’s pick to be FBI director, Kash Patel, frustrated several Democratic senators during his confirmation hearing Thursday as he dodged questions on January 6, his previous grand jury testimony, and who won the 2020 election.
Patel once asserted the Fifth Amendment against self-incrimination while being questioned before a grand jury looking at whether Trump mishandled national security secrets as he, on several occasions, refused to turn over classified documents.
Several Democratic senators raised concerns regarding the testimony during the hours-long hearing, arguing that they should be made aware of any relevant information about Patel from a report by former Special Counsel Jack Smith into the classified files found at Trump’s Mar-a-Lago private club.
The former federal prosecutor, public defender, and congressional staffer was questioned in 2022 regarding his claims made in public that Trump had issued an order that the documents be declassified.
Patel initially declined to answer, according to The New York Times, but was subsequently granted limited immunity to see what defense he might have had for Trump.
A frustrated Sen. Cory Booker thundered that it “would be irresponsible for us to move forward if we do not know that the future head of the FBI would break the law and lie for the president United States.”
He added: “He is refusing the transparency that he claims to adhere to. He is refusing to be direct with the United States Senate. He’s refusing to be transparent and put it all out there. Did he or did he not lie for the president? That is the question.”
California Democratic Sen. Alex Padilla pushed Patel on his alleged connection to the Jan. 6 choir. Patel reportedly helped produce and market the recording of the “J6 Choir” which Trump eventually used at his rallies.
“Funds have been raised, as you explained to me in our meeting last week, to support families of insurrectionists, my words clearly not yours, that have been in jail, including those who committed acts of violence against police officers,” said Padilla. “I want to note in any of your work around the J6 prison choir, was any of the funds that were raised used to support the families of the police officers who were brutally attacked by the insurrectionists?”
“My foundation has been used across the country,” said Patel. “I don’t know if those officers’ families applied for a grant, that’s how we distribute.”
“You can’t say clearly and confidently that families of police officers who were brutally attacked got similar support,” said Padilla.
Similarly, fellow California Sen. Adam Schiff slammed Patel for allegedly fundraising off the January 6 Capitol riot.
“I want you to turn around. There are Capitol police officers behind you. They’re guarding us. Take a look at them right now. Turn around,” said Schiff. “I want you to look at them if you can, if you have the courage to look them in the eye, Mr. Patel, and tell them you’re proud of what you did.”
“Tell them you’re proud that you raised money off of people that assaulted their colleagues, that pepper sprayed them, that beat them with poles,” he added. “Tell them you’re proud of what you did. Mr. Patel, they’re right there. They’re guarding you today. Tell them how proud you are.”
“That’s an abject lie,” said Patel. “I’ve never, never, ever accepted violence against law enforcement.”
Following the song’s release, Patel bragged about its success on social media.
“Buh Bye Miley, Taylor, Rihanna, and all the rest who spent Millions trying for the coveted Number 1 spot,” he wrote in 2023. “Hello new Music Mogul @realDonaldTrump. We just took a flame thrower to the music industry.”
Trump took part in the recording, reciting the Pledge of Allegiance while the prison choir sang the national anthem. At his rallies, Trump would at times salute as the song played while images of the Capitol riot were shown on big screens.
Like many of Trump’s nominees, Patel showed his loyalty by refusing to say the president lost the 2020 election. During questioning from Peter Welch, a Vermont Democratic Senator, Patel repeatedly refused to say that Biden won the election more than four years ago.
“Can you say the words Joe Biden won the 2020 election?” Welch asked.
“Joe Biden was the president of the United States,” Patel responded.
“I can say the words Donald Trump won. I don’t like to say it, but I must say it,” said Welch. “And you cannot say that Joe Biden won the election.”
“What I can say is the same for both of them, Senator, both of their elections were certified, and they are both… one was and one now is president,” Patel responded.
Schiff used his final minutes during the hearing to urge his colleagues “to think about where we are in this moment.”
“We have a new president. He’s fired prosecutors who investigated him. He’s investigating other prosecutors … He has fired inspector generals who might hold him accountable, and this is just the start,” he added. “And as FBI Director nominee, he’s chosen someone whose primary qualification, in my view, is his willingness to say yes when everyone else would say no to whatever the president wanted to say, whatever he wanted to do. That’s why he is sitting here.”
Something Trump may want Patel to do is to go after Schiff.
“These are bad people. We have a lot of bad people. But when you look at ‘Shifty Schiff’ and some of the others, yeah, they are, to me, the enemy from within,” Trump told Fox News in October.
Schiff continued on Thursday by lauding previous FBI directors.
“I mean, look at the people who held that job before Mr. Patel, the stature of the people that held that job, the qualifications of the people that held that job,” he continued. “And how could any of us think that his background, his qualifications, hold a candle to the people who went before him?”
“How did we get here, where we are defending a nominee like this, who makes songs with convicts who attack law enforcement?” Schiff asked. “How did we get here, and where are we going? History is littered with democracies that lost their freedoms and didn’t notice it while it was happening. Let’s not be one of them.”