FBI director Patel testifies on Capitol Hill amid questions over his leadership

FBI Director Kash Patel is testifying before senators Tuesday morning as he faces growing questions about his ability to lead the nation's premier law enforcement agency.

Patel's appearance before the Senate Judiciary Committee was put on the books weeks ago, but comes at a delicate time for the director, who is a loyalist of President Trump but has no experience leading an organization like the FBI.

In just the past week, he has come under criticism for his social media posts and actions during the manhunt for the man who killed conservative activist Charlie Kirk. He's also been sued by three former senior FBI officials who allege that he fired them for improper political reasons.

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Patel, who was confirmed as FBI director in February by a 51-49 vote, appears to enjoy — at least for now — the backing of Trump, who over the weekend expressed support for him.

"I am very proud of the FBI," Trump told Fox News, referring to the capture of the suspected Kirk gunman. "Kash — and everyone else — they have done a great job."

The FBI and Utah law enforcement took the suspect, 22-year-old Tyler Robinson, into custody on Thursday night after his family contacted authorities. The arrest took place roughly 33 hours after Kirk's shooting — a fact that Patel has trumpeted in his public remarks.

Speaking to Fox & Friends on Monday, Patel said the decision to release enhanced photos and videos of the suspect on Thursday night led to Robinson's arrest.

"I made an executive decision on an investigative and operational need, and it turned out to be the right move because the men and women of the FBI said that's what we should be doing," he said.

"We apprehended our suspect in 33 hours because we were transparent and open with the American public and we're going to continue to do that," he added.

"So anyone that thinks that the FBI is not on top of its game, and that me and the deputy and everybody in leadership in our Salt Lake City office and Quantico is doing anything politically, I'm not having it."

Scrutiny on social media posts

Despite the suspect's arrest, Patel has come under fire for his social media posts early on in the probe.

On Wednesday night, he posted on X that "the subject for the horrific shooting today that took the life of Charlie Kirk is now in custody."

Roughly 90 minutes later, Patel reversed course in a second post, saying "the subject in custody has been released after an interrogation by law enforcement. Our investigation continues and we will continue to release information in interest of transparency."

Asked about those posts, Patel told Fox & Friends he had no regrets.

"I was being transparent with working with the public on our findings as I had them," he said. "Could I have worded it a little better in the heat of the moment? Sure. But do I regret putting it out? Absolutely not."

But former FBI officials say this is not the way social media platforms are typically used by law enforcement professionals.

"There is a process, and information is always sketchy in the beginning. You take your time, collect the evidence, whatever facts you have, conduct interviews, then see where it will lead. You don't rush out and say the person of interest is the person who did the shooting," said Stephen Laycock, a retired former senior FBI agent.

"You typically send out social media notes to help gather information about an investigation. When the investigation leads to having someone in custody who has been identified through the investigative process, and it is a multi-agency effort, you let the unified command put the messaging out together," he said, meaning the various law enforcement agencies conducting the investigation put the information out together.

Lawsuit from senior FBI officials

Kirk's killing put a spotlight on Patel's leadership at the bureau the same day that he was sued by three former senior FBI officials.

The three former FBI officials — Brian Driscoll, Steven Jensen and Spencer Evans — are among the most senior and lauded agents to work at the bureau in recent memory, according to the lawsuit.

Their lawsuit contains details of their interactions with Patel and his deputy, former right-wing podcaster Dan Bongino. It describes the leadership at the bureau and the Justice Department as partisan and inept, scrambling to stay in the White House's good graces and willing to fire anyone who crossed the president.

Patel vowed at his confirmation hearing that no one at the FBI would be fired for improper political reasons. But once in the job, the lawsuit says, Patel opted to follow marching orders from the White House instead of federal law.

"His decision to do so degraded the country's national security by firing three of the FBI's most experienced operational leaders, each of them experts in preventing terrorism and reducing violent crime," the lawsuit said.

It also recounted a conversation Driscoll had with Patel in early August, in which Patel discussed why he fired FBI employees Driscoll had tried to protect.

The lawsuit says that Patel admitted that his superiors, who he referred to as "they" and who Driscoll understood to include the Justice Department and the White House, "had directed him to fire anyone who they identified as having worked on a criminal investigation against President Donald J. Trump."

"Patel explained that he had to fire the people his superiors told him to fire, because his ability to keep his own job depended on the removal of the agents who worked on cases involving the president," the lawsuit states.

The three former agents who filed the lawsuit allege that they were targeted for "retribution for their refusals to politicize the FBI."

Asked about the lawsuit last week, the FBI declined to comment. A White House spokeswoman in a statement said Patel, as FBI director, "oversees and manages all aspects of the agency."

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