The appointment of the FBI Director is arguably second in importance only to that of Attorney General. In light of concerns about FBI and DOJ politicization under Democrat leadership, it’s crucial to ensure the role is filled by someone committed to protecting civil liberties. For Donald Trump, this decision carries immense weight and significance.
Trump’s nomination of former Florida Attorney General Pam Bondi is, without a doubt, a superb selection. She’s well suited to enacting much needed reforms at the DOJ.
I have to confess to a degree of skepticism when Trump announced Kash Patel as his FBI Director nominee. As many of my colleagues have expressed, we were hoping for an appointee similar to Trump’s CBP Commissioner, Rodney Scott — someone who’s carried a badge and worked the job. Not just another lawyer with DOJ credentials.
However, in his book Government Gangsters, Patel has some very smart things to say. “Change is possible at the FBI and desperately needed. The fact is that we need a federal agency that investigates federal crimes, and that agency will always be at risk of having its powers abused.” He also recognizes the importance of FISA. “But as a terrorism prosecutor, I also have seen numerous times how the FISA Court can be used as one of the best manhunting tools on planet Earth.” He rightly recognizes a great need for reform throughout, and identifies the very serious problems that arise out of Section 702.
Having initiated, written, and renewed FISA warrants during my Counterintelligence career, I wholeheartedly agree with simply dispensing with Section 702. The Foreign Intelligence Surveillance Act should simply be that — focused on foreign intelligence officers and their assets.
But, Patel has made other statements that raise concerns about a broadsword approach to matters requiring a scalpel.
During a recent interview on the Shawn Ryan Show, Patel said, “I’d shut down the Hoover building on Day one, and reopen it the next day as a museum of the deep state.” He cites the 7,000 employees that currently work there, and says he’d send them out all across the country to investigate crimes.
The Hoover building is long overdue for a judicious pruning. But, there may be more rhetoric in Patel’s statement than real policy. His statement is in direct opposition to his boss. In May, Trump said on Truth Social, “The new FBI building should be built in Washington D.C., not Maryland, and be the centerpiece of my plan to totally renovate and rebuild our capital city into the most beautiful and safest anywhere in the world.” Trump went on to cite the efficiency of the FBI building being a “two minute walk” from DOJ. Beyond those considerations, thousands of support employees work at the Hoover Building, and live in the D.C. area.
However, Patel is right about FBI HQ being the locus of politicization and massive inefficiencies. Twenty years ago, FBI HQ held approximately ten divisions. Today, the bureaucratic monstrosity has grown to approximately 40 divisions—a black hole which draws resources and personnel into the insular executive management orbit. Patel has ample opportunity for trimming fat and restructuring. The first division on the chopping block should be the Office of Diversity and Inclusion, and the Chief Diversity Officer. It’s nothing more than a Trojan Horse filled with social Marxists infiltrators.
Patel also said during the Ryan interview,”The biggest problems the FBI has had has come out of it’s intel shops. I’d break that component out of it.”
Ironically, critics of the FBI’s Counterintelligence (CI) mission almost two decades ago argued the agency was too focused on its criminal mission to be an effective CI service. Today, critics of the CI mission deride the FBI as not focused enough on its criminal mission to be an able CI service.
Many have forgotten how capable the FBI can be, when properly tasked and resourced. In fact, the near extinction of the Communist Party USA is due to the CI and criminal work of the FBI. The British model, based on MI5, has been a favorite of proponents of a separate American domestic intelligence service. Some have suggested creating an Intelligence Directorate and placing it under the mammoth DHS.
But, is yet another layer of bureaucracy the solution? I’d argue that severing the CI mission from the FBI’s law enforcement mission — untethering it from the strictures of criminal procedure — will only lead to massive inefficiencies and even more potential for abuse. We simply need to hold wrongdoers accountable. As Patel aptly states in his book, “The agents and lawyers who think they can hide in the shadows while abusing their positions will be put on notice. If they do wrong, they will be exposed, they will be dragged before Congress…” Instituting real accountability measures will solve a whole host of problems at the FBI. The constitution must reign supreme within the hierarchy of the FBI ethos once again. And, those who violate the liberties guaranteed by the Bill of Rights must be met with swift and sure sanctions.
Beginning with the Obama administration, and former FBI Director James Comey, DEI has nurtured a culture based on preferential treatment, and deference in the face of malfeasance in order to advance political objectives. Civil rights have been sacrificed to political expediency; the DEI ethos.
If confirmed, Patel has a truly historic opportunity. Much like the opportunity J. Edgar Hoover was given by then Attorney General Stone. If Patel surrounds himself with the right people, like former FBI Agent James Gagliano (who’d make a superb Deputy Director), I’m confident he can create the top down reforms necessary to eradicate FBI politicization. All DEI initiatives must be abolished with their commissariats. FBI HQ must be streamlined, uncoupled from the managerial career track, and prohibited from running exclusive cases. And, the CI mission should remain where it’s already positioned to be nimble, capable, and effective.
In the end, I think Patel can be the right man to refit the FBI linchpin — genuine accountability.