Tag: kash patel
Irritated Senators Ask Clueless Director Patel: Where's The FBI Budget?

Irritated Senators Ask Clueless Director Patel: Where's The FBI Budget?

If you thought FBI Director Kash Patel had any competence whatsoever, think again.

Appearing before the Senate Appropriations Committee on Thursday, Patel was unable to provide a timeline for when his department’s budget—which was required by law to be submitted more than a week ago—would finally be delivered to Congress.

Democratic Sens. Patty Murray of Washington and Chris Van Hollen of Maryland noted that the hearing was essentially pointless, since Patel failed to provide critical spending and budget documents.

“How do we, as Congress, do our budget and our work without that request and without the spend plan?” Murray said, calling Patel’s lack of preparedness “insufficient and deeply disturbing.”

Patel’s signature dunderheaded combativeness was on full display during a tense exchange with Democratic Sen. Jeff Merkley of Oregon, who asked whether people deported under the Alien Enemies Act of 1798 have the constitutional right to due process under the Fifth Amendment.

“It’s not for me to call the balls and strikes on it,” Patel responded.

“You haven't read the Constitution?” Merkley asked, citing the Supreme Court ruling in Reno v. Flores as part of the settled law on the matter.

“It concerns me that you're not familiar with the core concept of due process applying to all persons as written in black and white in the Constitution,” Merkley added.

After the hearing, Murray called out Patel’s incompetence and the threat it poses to the United States.

“Kash Patel, the conspiracy theorist that Republicans made FBI Director, came to a Senate hearing on the budget—with NO budget, NO timeline, and NO clue. It's downright incompetent, and it's making America less safe. We need serious leadership at the FBI,” she wrote on Bluesky.

No budget? Check! Equivocating statements about the Constitution? Check! Seems like Patel’s competence is perfectly in line with the rest of the Trump administration.

Reprinted with permission from Daily Kos.

Shameless Grandstanding: Bondi And Patel Overreach In Feeble Case Against Judge

Shameless Grandstanding: Bondi And Patel Overreach In Feeble Case Against Judge

When word broke on Friday about the arrest of a sitting Wisconsin state court judge, Hannah Dugan, on charges of obstructing the arrest of an illegal immigrant, my immediate reaction on Bluesky was “Whoa. Feels like massive overreaching.”

Having now reviewed the charging documents and some accounts of colleagues, my off-the-cuff assessment stands. The arrest of Judge Dugan was a long stretch that is hard to square with the principles of federal prosecution which govern the decision whether to charge every federal case.

A perusal of the facts, as laid out in the affidavit of an FBI agent accompanying the criminal complaint, easily isolates the weak spot in the case.

The six-agent team that had gathered in Milwaukee County Circuit Court to arrest Eduardo Flores Ruiz, who was appearing in Judge Dugan's courtroom on domestic violence charges, had not worked out a protocol for Ruiz's arrest. Dugan was angry when she learned of their presence and demanded that they speak with the chief judge. She then returned to her courtroom, adjourned Ruiz’s case, and directed him to leave through the jury door.

Although the key detail is obfuscated in the FBI affidavit, the jury door led directly back to the same public hallway, where one agent was waiting as Ruiz and his counsel emerged. (The others were conferring with the Chief Judge.) The agent followed Ruiz and his lawyer and went down the elevator with them. Other agents joined them and sought to arrest Ruiz in front of the courthouse. Ruiz ran and was arrested after a foot chase lasting the length of the courthouse.

For those wanting more facts, this long Twitter thread by Ann Jacobs of the Wisconsin Election Commission dissects the allegations and highlights the many weak aspects of the case.

Based principally on these details, the FBI has charged Dugan with two federal crimes: harboring or concealing Ruiz so as to prevent his discovery and arrest (18 U.S.C. §1071) and “corruptly obstructing or impeding the due and proper administration of law,” i.e., Ruiz’s deportation.

The challenge for the feds will be proving beyond a reasonable doubt that Dugan intended to prevent Ruiz's arrest. It seems at least equally plausible that Dugan wanted to avoid any scene in or in front of her courtroom. The idea that Judge Dugan was seeking to prevent Ruiz’s arrest doesn’t add up. She directed Ruiz to leave through another door but, as she well knew, into the public hallway where the agents were waiting. That's hardly consistent with a desire to prevent his arrest. And of course, he was arrested in short order.

It's very unlikely that a Wisconsin jury is going to view this case sympathetically in the first instance. But if Dugan testifies and proffers another explanation, it's hard to see how a jury convicts her beyond a reasonable doubt. Indeed, if the case goes to trial, the feds will be at genuine risk of losing, ignominiously, on a Rule 29 motion based on a finding from the judge that no reasonable jury could find that the government proved intent beyond a reasonable doubt.

In any event, here's my prediction that Judge Dugan will not be convicted on these charges.

It's also worth noting the likely impact of the case. Ruiz was in court to answer serious charges of domestic abuse, which seem to be his only brush with the law since he entered the country without authorization. Given the widespread publicity, we have to expect that other people here illegally will be far less likely to risk arrest on federal immigration charges by showing up for court. That's a far greater cost to public safety than the short chase that Attorney General Bondi emphasized.

(I also want to note this was not the only immigration-based story unfolding over the weekend. We saw two particularly cruel instances of administration officials apprehending two different women who were making their scheduled reporting visits to the ICE office, wreaking havoc on their families.)

So the case is fairly weak, and the FBI overreached. It's not the first time that's happened, and it's not unique to the Trump administration. Of far greater concern is the unprofessional and corrupt political exploitation of the charges by FBI Director Kash Patel and Attorney General Pam Bondi.

Patel’s social media post trumpeting the arrest, which he quickly deleted, was the least of it. His gross abuse of discretion began with the decision to physically arrest and handcuff Judge Dugan at the courthouse as she was arriving for work Friday. A defendant like Judge Dugan should have been permitted, and 999 times out of 1000 would have been permitted, to surrender voluntarily after receiving a summons. FBI and DOJ rules give guidance for when to physically arrest a charged defendant – e.g., that the defendant is a flight risk, or a danger to the community, or is likely to destroy evidence, or has an extensive criminal history. Every one of the factors points to self-surrender rather than arrest, much less in sensational fashion at the courthouse as she arrived for work.

Treating Judge Dugan like a violent, dangerous criminal was obviously designed to score broader political points about the Administration’s wholesale deportations initiative. Patel decided to humiliate Judge Dugan for a sensational headline and to strike fear into the hearts of other judges. That not only contravened DOJ guidelines; it was bush and cowboyish.

Which brings us to Attorney General Bondi and her deeply embarrassing and unlawful exploitation of the arrest. Within hours of the episode, Bondi took to the airwaves of Fox News, where she cheerfully trashed Judge Dugan. She presented the allegations in the complaint as fact and added her own editorial denigrations. She said of the judge, “shame on her,” and of the charges, “you can’t make this up.” She continued, “we could not believe that a judge really did that,” and “what has happened to the judiciary is beyond me,” finally asserting that Judge Dugan is “deranged.”

Since she came to office, Bondi has had a consistent tin ear and an abhorrent proclivity to pepper her every public statement with blandishments of Trump and a suggestion that DOJ attorneys work for him personally, rather than the public.

It is a fundamental constitutional requirement in this country that a defendant is innocent until proven guilty, and that the government must prove all elements of a criminal charge beyond a reasonable doubt. It is probably the single most important rule that a prosecutor must live by.

Accordingly, the U.S. Attorney’s Manual, the operating bible for federal prosecutors, requires strict adherence to that command. That includes forbidding prosecutors from offering opinions on a defendant’s guilt, supplying their own character assessments, or making any statement that could influence the outcome of a trial at the charging stage.

It is drummed into the head of every federal prosecutor that in announcing the filing of charges, you stick to the four corners of the charging document. Moreover, you emphasize that the defendant is innocent until proven guilty, a statement that appears routinely in every press release announcing an indictment.

Bondi’s diatribe transgressed all of these guidelines and more. For any prosecutor, state or federal, Bondi’s trashing of a just-charged defendant was breathtaking. In this and multiple other instances in her short tenure – her speech introducing the President at the DOJ particularly jumps to my mind – she has appalled DOJ veterans of all stripes and eras. She is a disgrace to her office.

Harry Litman is a former United States Attorney and the executive producer and host of theTalking Feds podcast. He has taught law at UCLA, Berkeley, and Georgetown and served as a deputy assistant attorney general in the Clinton Administration. Please consider subscribing toTalking Feds on Substack.

Reprinted with permission from Substack.

Emboldened Neo-Nazi Terrorists 'Quickly Rebuilding' As Patel Takes Over FBI

Emboldened Neo-Nazi Terrorists 'Quickly Rebuilding' As Patel Takes Over FBI

The Base, a paramilitary neo-Nazi/white supremacist group founded in 2018, was a major target of the FBI and its former director, Christopher Wray, during Joe Biden's presidency. And in 2022, according to The Guardian's Ben Makuch, The Base "seemed to disappear" in the United States.

But Makuch, in an article published on February 24, warns that The Base appears to be "regrouping" in 2025.

"An international neo-Nazi terrorist group with origins in the U.S. appears to be quickly rebuilding its global and stateside ranks, according to information obtained by The Guardian from its digital accounts," Makuch reports. "Founded in 2018, The Base has been the intense focus of a years-long FBI counterterrorism investigation that has resulted in more than a dozen of its members arrested. It has plotted an assassination, mass shootings and other actions in Europe, which made it a proscribed terrorist organization in several countries."

The Base's "regrouping," according to Makuch, "comes at a time when the Trump Administration has made it a policy goal to move away from policing far-right extremism" and the FBI is now under the direction of Trump loyalist Kash Patel.

Makuch reports, "Experts say federal law enforcement ignoring far-right groups such as The Base could expose Americans to increased domestic terror threats…. A flurry of new images on The Base's various social media accounts, some closed and some open, show members claiming to be in the U.S. and across Europe brandishing pistols or military-style rifles and donning the trademark skull mask of the accelerationist neo-Nazi movement — one that demands acts of terrorism to bring down world governments. In one photo, a member is holding a knife and what appears to be a pistol in front of the Base flag in the United Kingdom, while others feature members in Bulgaria, Italy, Belgium and Sweden. "

Steven Rai of the Institute for Strategic Dialogue (ISD) warns that The Base's activities in the U.S. need to be taken seriously.

Rai told The Guardian, "The Base has released a slow but steady trickle of propaganda over the past several months that has mostly highlighted their presence in Europe, so this shift in focus towards the U.S. should raise alarms. The timing of this shift is particularly noteworthy. While neo-Nazi accelerationist groups like The Base have been on their back foot due to intense law enforcement pressure, which disrupted their most integral organizers and propaganda artists, they may sense an opening with the recent change of administration in the U.S…. Violent extremists are absolutely paying attention to the changes in the national security establishment in the U.S."

Terrorism expert Colin Clarke, who serves as director of research at the Soufan Center, stresses that The Base are well-aware of changes in leadership at the U.S. Department of Justice (DOJ).

Clarke told The Guardian, "I think groups like The Base, far-right extremist groups that are strategic, have been waiting for the right opportunity before reinvigorating their respective organizations. This means that far-right extremist groups likely perceive the reelection of Trump as a green light to rebuild without fear of arrest or prosecution."

Reprinted with permission from Alternet

Kash Patel

FBI And NOAA Bosses Order Staff To Ignore Directive From Musk

Newly appointed FBI Director Kash Patel has instructed agency employees to refrain from responding to a recent email from the Trump administration. According to The Guardian, the email, sent to hundreds of thousands of federal workers, requested them to list their accomplishments from the previous week as part of tech billionaire Elon Musk's efforts to reduce the size of the federal government.

The Office of Personnel Management (OPM) gave federal employees a mere 48-hour window to detail their achievements, causing widespread panic across key agencies, including the FBI.

“Please reply to this email with approx. 5 bullets of what you accomplished last week and cc your manager.”

However, Patel — who was confirmed by the Senate on Thursday — countered the request. According to ABC News, Patel's message to FBI personnel stated: "The FBI, through the Office of the Director, is responsible for all our review processes, which will be conducted in accordance with FBI procedures. Please hold off on any responses for now. We will coordinate further information if required."

This directive comes amidst reports that Patel may also be appointed as acting head of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Separately, John Durham, the top federal prosecutor in New York's eastern district, has also advised his staff to delay their responses.

Rear Adm. Chad Cary, director of NOAA also directed employees to stand down from responding and said the directive "came as a surprise to all departments, and NOAA leadership is seeking guidance," according to ABC News.

Elon Musk, tasked with cutting government costs during Trump's second term, announced the request on his social media platform X. "Consistent with President @realDonaldTrump's instructions, all federal employees will shortly receive an email requesting to understand what they got done last week," he stated. "Failure to respond will be taken as a resignation."

This unusual directive has caused chaos across various agencies, including the National Weather Service and State Department. The American Federation of Government Employees (AFGE) has strongly criticized the move, calling it "cruel and disrespectful" to federal workers, particularly veterans in civil service.

Reprinted with permission from Alternet.

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