On February 20th, Kash Patel was confirmed by the Senate to become the ninth Director of the Federal Bureau of Investigation (FBI). He is the first Indian American to hold this position. Patel’s nomination sparked controversy, leading to a narrow confirmation vote.
What does the FBI Director do?
The FBI is the foremost domestic intelligence and federal law enforcement agency in the U.S., with jurisdiction over more than 200 categories of federal law. FBI Directors are appointed by the President for a single 10-year term and are confirmed by the Senate. Generally, the Director manages the day-to-day operations of the organization, including appointing leadership at field offices and overseeing major investigations. The FBI is a sub-agency within both the U.S. Intelligence Community and the Department of Justice (DOJ), so the FBI Director reports to the Director of National Intelligence and the U.S. Attorney General. The role is not a cabinet position. As Director, Patel will be responsible for overseeing 37,000 employees across 55 U.S. field offices and several satellite offices in nearly 200 foreign countries.
The Road to Confirmation
Patel began his law career as a public defender in Florida before working as a federal prosecutor for the DOJ in 2014. He then served as a senior advisor for the House Intelligence Committee, where he wrote a memo in 2016 casting doubt on the FBI’s investigation into ties between Russia and Trump’s 2016 campaign. This memo garnered Patel attention from the Trump administration, which later hired him as a national security aide in 2019 and as chief of staff to the acting Secretary of Defense in 2020. Unlike the two preceding FBI Directors, Patel does not have experience serving in a senior law enforcement capacity.
Patel received one of the closest confirmation votes of Trump’s appointments so far – 51 to 49 – with two Republican senators breaking party lines to vote “no”. Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK) both voted against the nomination. In a statement, Senator Murkowski cited concerns about Patel’s “prior political activities” and their potential to influence his work as FBI Director. Indeed, Patel has faced criticism for his past statements on national intelligence investigations, including calling investigations into January 6th capital rioters “baseless”. Some also have concerns about Patel’s 2023 book Government Gangsters, which contains a list of “members of the Executive Branch deep state” – over 50 current and former government officials – that some fear he will use as an “enemies list” once appointed. A handful of former Republican senior security officials joined in the criticism, with former Defense Secretary Mark Esper noting that Patel lied about a critical hostage situation in Nigeria.
Patel denied allegations about his past political statements, claiming that Democrats were reading too much into his comments and promising to bring back a “de-weaponized, de-politicized system of law enforcement completely devoted to rigorous obedience to the Constitution”. Patel has received praise from legislators who see his confirmation as one step towards a more accountable and transparent FBI. Senator Lindsay Graham (R-SC) identified Kash as “the right man to […] restore Americans’ confidence that the FBI is not a political organization, it is a law enforcement organization”. The President of the FBI Agents Association, which represents the majority of agents at the organization, congratulated Patel on his confirmation and expressed readiness to partner with him on keeping America safe.
Dual Appointment to ATF
Kash Patel has also been sworn in to serve as acting chief of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), a separate agency within the DOJ that focuses on enforcing federal firearms and arson laws. It is unclear whether President Trump intends to formally nominate Patel for the role of ATF Chief on top of his confirmed role as Director of the FBI.
