FBI Director Kash Patel testifies at Senate hearing in aftermath of Charlie Kirk assassination

Patel told Sen. Josh Hawley of Missouri that the FBI is looking into a group chat on the messaging platform Discord that included the suspect in Kirk’s killing. 

Hours before Tyler Robinson was arrested, the 22-year-old appeared to take responsibility for the shooting in a message to the group, CBS News reported on Monday. Patel said the FBI is working to preserve the contents of the chat. 

“Unfortunately, it has been leaked that there was a Discord chat … that the suspect participated in. So what we’re doing, we’ve already done is sort of the legal process, not just on Discord, so that the information we gathered is sustained and held in an evidentiary posture that we could use in prosecution should we decide to do so,” he said. “And we’re also going to be investigating anyone and everyone involved in that Discord chat.”

Patel said there were a “lot more” than 20 users involved in the chat. 

Sen. Amy Klobuchar, a Minnesota Democrat, questioned Patel about how to prevent gun deaths in the country, citing the recent shooting at a Catholic school in Minnesota and the targeted shooting of former Minnesota House Speaker Melissa Hortman and her husband, along with other mass shootings and Kirk’s killing. Klobuchar asked whether an assault weapon ban would be helpful in reducing gun deaths.

Patel said: “Minnesota has suffered untold tragedy in these last few months, and whatever creativity we can use to eliminate even just one shooting, one horrific death, I am in favor of engaging with Congress fully to do.”

Pressed by Klobuchar on the assault weapon ban question, Patel said “there are instances on this legislation that could prevent future attacks, but I’m not going to weigh into the creation of legislation.”

The FBI director also said the bureau is trying to process background checks faster.

Sen. John Cornyn, a Texas Republican, asked Patel about the FBI’s operations and recent changes.

Patel said the structural operation of the FBI has changed to empower field offices to “lead the mission,” saying “that’s been the transition, is the power structure is being pushed out to the field operations.” 

Cornyn also asked Patel about morale at the bureau. Patel said “morale when I travel around the country, in my experience, has never been higher.”

“The FBI and police officers that we work hand in glove with across this country are excited to do the work,” he said. 

On counterintelligence, Cornyn asked about the FBI’s role. Patel said “the espionage activities of our adversaries have never been so high.” But he argued that the counterintelligence mission is “properly housed” within the bureau, saying “I believe that mission set is working.”

A former FBI special agent who’s watching Patel’s testimony criticized him for taking credit for the drop in the national murder rate.  

“No FBI Director should be touting a drop in the national murder rate and then take credit for the drop,” the former FBI special agent said. “Better than 99% of all murders are local in origin, not federal. Most murders are the result of domestic (family) violence, gang violence, robbery homicides, etc. Whatever has caused state/local homicides to drop, it’s not the result of federal law enforcement efforts.”  

Patel told the committee that “one of the stats that the American people should thank the FBI for is, we are on track to have the lowest murder rate in modern American history.”

Sen. Sheldon Whitehouse, a Rhode Island Democrat, questioned Patel about a so-called “enemies list” that he prepared before taking office, alleging that there had been “adverse actions of various kinds taken against about 20 of the 60 people on your enemies list.” The names were part of a glossary in Patel’s 2023 book, “Government Gangsters,” and came up during his confirmation hearing earlier this year.

Patel refuted the claim, calling it “entirely inaccurate” and saying “I do not have an enemies list.”

“The only actions we take, generally speaking, for personnel at the FBI are ones based on merit and qualification, and your ability to uphold your constitutional duty,” Patel said. “You fall short, you don’t work there anymore.”

In an exchange with Graham about the FBI raid of former national security adviser John Bolton’s home last month, Patel said the FBI is working to unseal the search warrant that authorized the raid. 

“We’re looking to have that search warrant unsealed,” Patel said, which Graham said would be “quite good.” 

Graham asked Patel if there was new evidence that led to the warrant. Patel said the investigation is “ongoing” so he couldn’t reveal more information. 

Bolton, who worked for Mr. Trump during his first term, is an outspoken critic of the president.

Sen. Lindsey Graham, a South Carolina Republican, referenced Venezuela, asking Patel whether he believes President Nicolas Maduro runs a “narco-terrorism state.”

Patel said intelligence and investigations indicate that “a large portion of the cocaine that exits out of South America, its origination point is in Venezuela.”

“We will hunt down every single one of those narco-traffickers,” Patel said. 

Graham asked whether Venezuela is a “good candidate to be labeled as a state sponsor of terrorism under U.S. law.” Patel said “from my perch, we will provide the intelligence necessary for anyone who meets the threshold to be a state sponsor of terrorism.”

The South Carolina Republican also asked about China’s role in the fentanyl problem in the U.S. Patel said the “precursors are the problem.” Patel said China is “starting to help.”

In a testy exchange with Durbin, Patel said he finds it “disgusting” that anyone would question or criticize the 31 years of law enforcement-related experience he said he and Deputy FBI Director Dan Bongino share between them. 

“Director Patel, much like you, Deputy Director Dan Bongino was a conspiracy theorist who built a lucrative career making inflammatory and unsubstantiated statements about the FBI that would be disqualifying in any administration that cared about nonpartisan law enforcement,” Durbin said. “For instance, Mr. Bongino called the placement of pipe bombs outside the DNC and RNC headquarters on Jan. 6, quote, ‘an inside job.'”

Bongino is a former police officer and Secret Service agent who was a conservative commentator and podcaster when he was tapped to be the second-in-command at the FBI. Earlier in his career, Patel worked at the Justice Department before stints on Capitol Hill, the National Security Council and Pentagon during the first Trump administration.

Patel was asked if he also thought the pipe bombs were an “inside job.” Patel said it’s “disgusting” that so many in the media and on the committee are trying to “jettison” his and Bongino’s “31 years of public service.”

“You’re questioning the integrity of the deputy director and mine,” Patel said.

Durbin, citing reports, said about 40 FBI officials have been asked to sit for polygraphs, and some have been asked if they’ve said anything about Patel. The New York Times reported in July that “the F.B.I. has asked senior employees whether they have said anything negative about Mr. Patel,” citing anonymous sources.

Durbin asked what the basis is for requiring polygraphs. 

“I don’t know what reports you’re referring to, ranking member, and I reject any reporting that has false information in it so I’m not going to respond to that,” Patel responded. “As far as polygraphs go, generally they’re always and always have been utilized at the FBI to track down those that leak sensitive information and unauthorized disclosures to the media, and we will continue to use them to ensure the integrity of the FBI.” 

Patel declined to get into “private discussions” about polygraphs. 

Grassley asked the FBI director a series of questions on a range of topics after the opening statement period of the hearing ended.

The chairman asked Patel if he would commit to providing his office all classified and unclassified records related to Jeffrey Epstein. Patel said he would commit to providing “all records I am legally permitted to do so under the court orders.”

The Iowa Republican also asked Patel about records that he said allegedly prove a Biden family bribery scheme, asking whether Wray made any efforts to obtain those records. Patel said to his knowledge, the former FBI director had not. Grassley said the FBI has an “obligation to the public” to determine why it wasn’t investigated. 

Patel said a federal investigation into Jeffrey Epstein that began in 2006 was the “original sin” of how the government has handled the case, as the FBI and Justice Department face scrutiny from Trump allies and Democrats alike over the administration’s handling of records about the late sex offender. 

The earlier investigation ended with a secret nonprosecution agreement in 2008 negotiated by then-U.S. Attorney Alexander Acosta, which shielded Epstein from federal charges if he agreed to plead guilty to state prostitution crimes in Florida. 

“I’m here to testify that the original sin in the Epstein case was the way it was initially brought by Mr. Acosta back in 2006,” Patel said. “The original case involved a very limited search warrant or set of search warrants, and didn’t take as much investigative material it should have seized. If I were the FBI director then, it wouldn’t have happened. The search warrants were limited to small time periods to include 2002-2005 and 1997-2001.”

“Mr. Acosta allowed Epstein to enter in 2008 to a plea and nonprosecution agreement, which then the courts issued mandates and protective orders legally prohibiting anyone from seeing that material ever again without the permission of the court,” Patel continued. “The nonprosecution agreements also barred future prosecutions, for those involved at that time, of those individuals. Still, this administration at the direction of President Trump has done more to turn over all the credible information we are legally able to do so, and we will continue to work with Congress to achieve that end.” 

Patel outlined the FBI’s work under the Trump administration more broadly, saying the bureau has arrested more than 23,000 violent criminals and taken over 6,000 illegal firearms off the streets. He said agents have identified and located more than 4,700 child victims and arrested 1,500 child predators and 300 human traffickers. Patel said over 350 members of the Venezuelan gang Tren de Aragua have also been arrested. 

“Those are just some of the things the FBI is doing differently and better, because we are leading the missing to crush violent crime and defend the homeland,” Patel said. 

The FBI director said that “one of the stats that the American people should thank the FBI for is, we are on track to have the lowest murder rate in modern American history.”

Patel said “there has been a drastic reduction in crime across the board in mid-major cities across the country, thanks to the men and women of the FBI,” pointing to a crackdown on drugs. 

Patel also said the bureau has made over 60 counterintelligence arrests this year. 

“I want the American people to know, the FBI’s protecting the homeland from foreign adversaries in a way that will never make the news, and a lot of the good work they do will never be able to be discussed in this setting,” Patel said. 

After he was sworn in, Patel began his statement by giving a timeline of Kirk’s killing and the FBI’s involvement. He said the FBI’s release of surveillance footage showing the suspected shooter was instrumental in taking Tyler Robinson into custody the day after Kirk’s death.

“A few hours later, that suspect was in custody, pursuant to the interrogation of the suspect’s own father, who stated, ‘When I saw that video that you released, I recognized it was my son. And I confronted him,'” Patel said. “And he was handed over to lawful law enforcement authorities.”

Patel said that is a demonstration of the FBI being “transparent.” The FBI director said the bureau received over 11,000 tips in the first 24 hours alone. 

Sen. Dick Durbin of Illinois, the top Democrat on the Senate Judiciary Committee, called Patel “arguably the most partisan FBI director ever” and alleged he has “attacked the FBI with a vengeance.”

In his opening statement, Durbin criticized Patel’s handling of the Kirk assassination. Hours after the shooting, Patel announced on social media a “subject” was in custody, even as state officials said they were still looking for the suspected shooter. Patel later posted on X that the subject had been released.

“Mr. Patel was so anxious to take credit for finding Mr. Kirk’s assassin, that he violated one of the basics of effective law enforcement: at critical stages of an investigation, shut up and let the professionals do their job,” Durbin said.

Durbin also addressed the “purge” of FBI staff since President Trump returned to office.

“As we heard from highly credible whistleblowers, Mr. Patel was involved in directing this purge even before he was confirmed, despite his sworn testimony to this committee,” Durbin said, adding that at least 18 of 53 special agents in charge, the top agents in FBI field offices, have been ousted.

Sen. Chuck Grassley, an Iowa Republican who chairs the committee, gaveled the hearing in shortly after 9 a.m. 

“We meet today in the aftermath of the political assassination of Charlie Kirk, a school shooting in the senseless murder of Ukrainian refugees, and also to remember, several weeks ago, the killings in Minnesota,” Grassley said.  

Grassley said he’s asked Patel to provide an update on the Kirk assassination during the hearing. 

The Iowa Republican praised Patel for the “important work” of returning the FBI to a “law-enforcement mission.” He compared Patel’s work to that of former Director Christopher Wray, saying “it’s well understood that your predecessor left you an FBI infected with politics.”

Patel is also scheduled to testify before the House Judiciary Committee on Wednesday. That panel is also responsible for the oversight of the FBI. The committee’s chairman, GOP Rep. Jim Jordan of Ohio, is a strong backer of the president. 

Hours after Kirk was shot and killed at Utah Valley University on Wednesday, Patel announced on social media at 6:21 p.m. ET that the “subject for the horrific shooting today that took the life of Charlie Kirk is now in custody.” Moments after that, Beau Mason, the head of Utah’s Department of Public Safety, told reporters authorities would be working around the clock to find Kirk’s killer. 

About 90 minutes after his initial post, Patel posted that the subject had been released, and Kirk’s killer was still at large. 

But the disparity between Patel’s initial post and what law enforcement were saying in Utah sparked confusion. 

Ultimately, authorities said the father of the suspect was the one who encouraged him to turn himself in, after recognizing his son in photos released by the FBI. 

The suspect in Kirk’s killing was announced Friday morning. 

Patel’s decision to fly to Utah ahead of the arrest announcement, as a law enforcement press conference was delayed, also came under scrutiny. Earlier this week, Patel defended his handling of the Kirk investigation.

“Could I have worded it a little better in the heat of the moment? Sure,” he said on “Fox & Friends” on Monday. “But do I regret putting it out? Absolutely not. I was telling the world what the FBI was doing as we were doing and I’m continuing to do that.”

Patel, a longtime ally to President Trump, was narrowly confirmed by the Senate in February, facing opposition from all Democrats and two Republicans.

The 45-year-old’s career began as a public defender in Florida, before Patel went on to become a trial attorney in the Justice Department’s National Security Division and a legal liaison to Joint Special Operations Command. In Mr. Trump’s first administration, Patel served in intelligence and defense roles, and held a position on the National Security Council and as chief of staff to the secretary of defense.

Patel came into the role after former FBI Director Chris Wray resigned at the end of the Biden administration as Mr. Trump pledged to fire him, though he had been nominated to a 10-year-term that was set to end in 2027. The FBI had long been a target of the president’s ire, especially after FBI agents executed a court-authorized search warrant at his Mar-a-Lago residence in Florida.