A Justice Department investigation has unearthed the FBI's secret surveillance on Kash Patel, an unexpected twist given his pending appointment as the agency's next director.
According to the New York Post, The FBI's covert monitoring targeted Kash Patel while he scrutinized agency misconduct during the Russiagate inquiry, as unveiled by a recent watchdog report.
The intrusive surveillance started in late 2017 when Patel, then a key congressional investigator for the House Intelligence Committee, began probing into the FBI's employment of contested opposition research to surveil a Trump campaign official. The FBI, under the leadership of acting director Andrew McCabe, accessed Patel’s emails and phone records by obtaining court subpoenas directed at tech giants such as Google and Apple.
During the investigation period from September 2017 through March 2018, these technology companies were compelled by law not to disclose to the individuals under surveillance about the data requests. It wasn’t until 2022 that Patel became aware of the subpoenas when Google notified him by sending copies of the requests.
This surveillance initiative spanned up to five years and was continued under FBI Director Christopher Wray, who succeeded McCabe. The Inspector General Michael Horowitz’s report criticized this action for potentially obstructing congressional duties and deterring whistleblower activities within the government sectors.
Jason Foster, a former Senate investigator, articulated that not only were the investigation’s pretexts for the surveillance dubious, but the strategy used misrepresented the individuals as potential flight risks, thus deceiving the judges responsible for approving the surveillance orders. The Inspector General pointed out the routine language in subpoenas likely swayed judicial decisions unfavorably against the surveilled individuals.
Jason Foster shared the shock he experienced upon discovering the broad scope of the FBI's actions:
Mr. McCabe lied about his own leaking and should have been prosecuted for it, according to the Obama-appointed Justice IG [Horowitz], but wasn’t. My head was spinning
President-elect Donald Trump’s appointment of Patel as the next FBI Director aims to introduce reforms targeted at correcting these improprieties. Patel’s experience uniquely positions him to overhaul the agency's practices to prevent a repeat of past mistakes.
Following the controversy spurred by the inspector general’s revelations, Christopher Wray announced his resignation, which will take effect at the end of President Biden's term. Meanwhile, Patel faces criticism from figures like McCabe, who question his qualifications to lead the FBI and fear a reversion to problematic practices reminiscent of earlier eras.
Conversely, a spokesperson for Patel defended his forthcoming leadership:
This [IG] report highlights exactly why Kash Patel is the perfect leader to reform and rebuild the FBI,
emphasizing Patel’s delicate balance of national security concerns with civil liberties protection.
Stored data from the subpoenas remain at FBI headquarters, accessed only by select officials. This situation raises concerns about ongoing privacy violations and the need for stringent oversight. People have called for revoking national security clearances of former officials involved in such surveillance.
As the FBI anticipates new leadership under Kash Patel, both supporters and critics closely watch the changing dynamics, advocating for a transparent and reformed federal bureau that upholds constitutional values amidst challenging security obligations. This situation reflects a broader dialogue about government accountability and the preservation of civil liberties.
