(NewsNation) — Kash Patel, who Trump has nominated to oversee the FBI, previously vowed to target journalists and other members of the media and said that he would make it easier to sue journalists.
He said in a podcast interview with Trump ally Steve Bannon that he would “come after the people who lied about American citizens, who helped Joe Biden rig presidential elections,” the Associated Press reported.
“We will go out and find the conspirators, not just in government, but in the media. Yes, we’re going to come after the people in the media who lied about American citizens, who helped Joe Biden rig presidential elections. We’re going to come after you. Whether it’s criminally or civilly, we’ll figure that out. But, yeah, we’re putting you all on notice.”
Patel said during an interview with Bannon
In a book he wrote, Patel has also pledged to prosecute anyone who used their authority for political ends, ABC News reported. He also wrote that the FBI has become “thoroughly compromised” and that the agency will remain a threat unless drastic measures are taken.
While Patel’s rhetoric raises concerns, the ability to prosecute journalists is constrained by the U.S. Constitution. The First Amendment protects the freedom to report on matters of public interest without fear of government retaliation, while the Fourth Amendment protects journalists from unreasonable searches and seizures.
The Committee to Protect Journalists guide explains that journalists have constitutional protections to gather and disseminate news, including access to public spaces. It also highlights that the Fourth Amendment makes it so police cannot search one’s body or belongings without a warrant, ensuring that sensitive sources and data are not seized.
Patel needs to be confirmed by the U.S. Senate in order to secure the role, although some Washington insiders say he will face an uphill battle landing the job. If confirmed, Patel would replace the FBI’s current director, Christopher Wray, who was appointed by Trump and whose tenure wasn’t expected to end until 2027.
Who is Kash Patel?
Patel began his career as a public defender after the New York native and son of Indian immigrants graduated from law school at Pace University and received a certificate in international law at the University College London Faculty of Laws. Patel, 44, also received an undergraduate degree from the University of Richmond, according to his Department of Defense biography.
Patel spent several years working as a prosecutor with the Department of Justice. According to his 2023 book, “Government Gangsters: The Deep State, The Truth, and the Battle For Our Democracy,” Patel wrote that he oversaw prosecuting criminals with ties to al-Qaida, ISIS and other terrorist groups.
After working as an aide to U.S. Rep. Devin Nunes, R-Calif., Patel joined the National Security Council before he was named chief of staff for Christopher Miller, the then-acting secretary of defense during the end of Trump’s first term in the White House.