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Lawsuit targets Kash Patel’s FBI nomination records
American Oversight is requesting emails between Patel and both current and former members of Congress, along with records of his official government travel and communications regarding controversial topics.
Kash Patel. / Reuters
American Oversight, a nonpartisan watchdog, has filed a lawsuit and a motion for a preliminary injunction in federal court, seeking the release of records from the Office of the Director of National Intelligence (ODNI) related to Kash Patel, President-elect Donald Trump’s intended nominee for FBI director.
The watchdog group is requesting emails between Patel and both current and former members of Congress, along with records of his official government travel and communications regarding controversial topics such as Trump’s unfounded claims that the Obama administration tapped his phones and the investigation into the 2019 Ukraine aid freeze.
“The government has sat on our FOIA requests for four years already, and it’s long past time for them to provide these records to the public,” said American Oversight Senior Counsel Ben Sparks. “Prompt release is essential for transparency, accountability, and public trust. Any additional delay will deprive the public of critical information about Patel’s conduct at ODNI before the Senate considers his nomination to lead the FBI.”
The group originally requested the records in August 2020 under the Freedom of Information Act (FOIA),
requesting expedited processing in December after Trump announced his intent to nominate Patel. The lawsuit urges the court to compel ODNI to release the documents by Jan.17, before the Senate evaluates Patel’s nomination.
Patel, a known Trump loyalist, has faced scrutiny for his past actions and public statements. He has allegedly promoted conspiracy theories about the 2020 election and the so-called “deep state,” vowing to purge “government gangsters.” As per American Oversight, Patel has publicly stated his intention to “find the conspirators” within the government and media, adding: “Yes, we’re going to come after the people in the media who lied about American citizens, who helped Joe Biden rig presidential elections. We’re going to come after you. Whether it’s criminally or civilly, we’ll figure that out.”
According to American Oversight, Patel’s confirmation as FBI director would grant him authority over the federal law enforcement agency, raising concerns that he could use the position to target critics and political opponents.
In 2021, American Oversight sued for records and communications from top Trump administration officials related to the Jan.6 Capitol insurrection, including Patel’s communications. The watchdog claimed that the released documents included Patel’s emails with other Defense Department officials in the days leading up to the attack and emails regarding hiring and media strategy. One lawsuit allegedly revealed that the Pentagon failed to preserve text messages from senior officials, prompting a policy change on record retention.
“Patel’s nomination is powerful evidence that President-elect Trump values personal fealty over qualifications and commitment to rule of law,” said American Oversight interim Executive Director Chioma Chukwu. “Any official who publishes a list of ‘enemies’ has no business heading the principal investigative arm of the Department of Justice. Before the Senate considers Patel’s nomination, the American people deserve the full picture of his actions during the first Trump administration.”
The court has yet to set a briefing or argument schedule.
Schiff says Patel ‘should not be confirmed’
Senator Adam Schiff (D-Calif.) has voiced opposition to Patel’s nomination, urging the Senate to reject him as the next FBI director.
Appearing on NBC’s Meet the Press on Sunday, Schiff was asked about Patel’s nomination by host Kristen Welker.
“Well, first of all, Kash Patel should not be confirmed,” Schiff said.
He further noted that the recent terror attack in New Orleans highlighted the importance of having an experienced and qualified individual leading the FBI.
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