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Committee vote on Kash Patel's nomination to be FBI director delayed after Democrats object

1:38
Associated Press
Patel ‘fails’ to protect FBI agents who worked on Jack Smith case
J. Scott Applewhite/AP
ByIvan Pereira, Allison Pecorin, and Isabella Murray
February 06, 2025, 4:28 PM

A Senate Judiciary Committee vote on advancing Kash Patel's nomination to be FBI director was delayed Thursday after Democrats raised objections.

The move will require the committee to take a one week hold before voting on Patel's nomination but the delay will likely have no bearing on Patel's ability to ultimately be confirmed.

Kash Patel, President Donald Trump's choice to be director of the FBI, appears before the Senate Judiciary Committee for his confirmation hearing, at the Capitol in Washington, Jan. 30, 2025.
J. Scott Applewhite/AP

Patel, who has never served as an FBI agent, has become a controversial pick after Democrats questions about his comments that he planned to fire agents and the bureau's leaders as well as his voicing support for Jan. 6 rioters.

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Democrats argued they needed the pause to see if they could get more information on Patel contending did not provide the committee with information "essential to our consideration of his nomination."

In a letter to Republican chairman Sen. Chuck Grassley, obtained by ABC News, Democratic Sens. Sheldon Whitehouse, Cory Booker and Adam Schiff wrote that Patel has "repeatedly refused to discuss the testimony he provided to a federal grand jury investigating Donald Trump’s unlawful retention of classified documents, as well as his invocation of his Fifth Amendment privilege against self-incrimination."

"We regret that you have rejected our efforts to inquire into the first-ever invocation of Fifth Amendment protection by a nominee seeking to lead the FBI," they wrote.

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The senators said that when they asked Patel to disclose information about his grand jury testimony, he said he could not because it was "subject to a seal order" but they said no such order could be identified.

They also argued that Patel's choice to invoke the Fifth Amendment before a grand jury "merits further inquiry."

"Until Mr. Patel discloses the substance of his grand jury testimony, the Committee should similarly draw the adverse inference that he has something to hide; that he invoked the Fifth Amendment because his testimony would have shown that he committed a crime or was in other legal peril, which should be disqualifying for any candidate seeking to be confirmed as FBI Director," the senators wrote.

Kash Patel, President Donald Trump's choice to be director of the FBI, appears before the Senate Judiciary Committee for his confirmation hearing, at the Capitol in Washington, Jan. 30, 2025.
Anna Moneymaker/Getty Images

During his hearing before the committee last week, Patel testified that he would be impartial but dodged questions about his comments and associations with far-right groups such as QAnon.

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Sen. Dick Durbin, the top Democrat on the committee, said Thursday that the Democrats asked for another hearing due to those concerns and what he said was Patel's contradictory testimony.

"For God's sake, to give the most sweeping investigative agency in the United States and the world over to this man to settle political scores is something we're going to regret. That's why we asked for a second hearing on this," he said.

Despite Democratic objections, Republicans have warmly received Patel's nomination. During his hearing, Grassley called Patel's career a "study in fighting for unpopular but righteous causes, exposing corruption, and putting America First."

No Senate Republican has said they intend to vote against Patel at this time.

Calling for a one-week holdover before a vote is allowed under Judiciary Committee rules. Both parties have exercised it regularly when in the minority. The committee will now likely vote on Patel's nomination next Thursday.

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