Trump’s FBI Pick Was Target in DOJ Investigation Into Leaks
Kash Patel was part of a sweeping Justice Department investigation into why leaks kept happening during Donald Trump’s first term.
Kash Patel was among 43 White House staffers whose phone records were obtained by the Justice Department during a leak investigation during Donald Trump’s first term, CNN reports, citing the department’s inspector general.
The investigation, which also included two members of Congress, was conducted secretly. Patel, whom Trump has chosen to replace Christopher Wray as FBI director, was not named in the report, nor were the two congresspeople. But two anonymous sources told CNN that the phone records of Patel and Democratic Representatives Adam Schiff and Eric Swalwell were among those obtained.
The DOJ also went after the email addresses of journalists at CNN, The Washington Post, and The New York Times, according to the report. At the time, the Trump administration was desperately trying to stop leaks of sensitive information, and were focusing on people who may have had security access.
An investigation based only on “the close proximity in time between access to classified information and subsequent publication of the information … risks chilling Congress’s ability to conduct oversight of the executive branch,” the inspector general wrote, adding that this kind of investigation creates “the appearance of inappropriate interference by the executive branch in legitimate oversight activity by the legislative branch.”
Patel may have been just one part of a broad investigation, but the fact that he was among those suspected of leaks calls into question why he’s now Trump’s pick to head the government’s largest law enforcement agency. If Wray is removed and Patel is confirmed to take over the FBI, such investigations might become the norm. The Trump gadfly only has three years as a federal prosecutor to account for his law enforcement experience, and seems ready to embark on haphazard attempts to prosecute the president’s real and imagined enemies.
Already, Patel may have preemptively undermined those prosecutions with the enemies list that he’s published. Any of his legal targets could use it to make a case of malicious prosecution if Patel tried to haul them into court. Patel has already sent a legal threat to one of his critics, signaling how he’d do Trump’s bidding at the FBI without a pesky Justice Department to conduct oversight.