Lawsuit targets Kash Patel’s FBI nomination records

American Oversight, a nonpartisan watchdog group, has filed a lawsuit and motion for preliminary injunction in federal court, seeking records from the Office of the Director of National Intelligence (ODNI) involving Kash Patel, President-elect Donald Trump’s intended nominee for FBI director.

The requested records include emails between Trump’s Indian American loyalist Patel — who served as a senior adviser during the first Trump administration, later moving to the Pentagon — and former and current members of Congress.

READ: Kash Patel picks early Republican support to be next FBI (December 2, 2024)

It’s also seeking records of Patel’s official government travel and communications about politicized subjects such as Trump’s claims that the Obama administration had tapped his phones or the investigation into the 2019 Ukraine aid freeze.

“Patel’s nomination is powerful evidence that President-elect Trump values personal fealty over qualifications and commitment to rule of law,” American Oversight interim Executive Director Chioma Chukwu stated. “Any official who publishes a list of ‘enemies’ has no business heading the principal investigative arm of the Department of Justice. Before the Senate considers Patel’s nomination, the American people deserve the full picture of his actions during the first Trump administration.”

Patel’s tenure as a senior official in the first Trump administration under Acting Director Ric Grenell was marked by controversy, including reported efforts to “clean house” and politically charged decisions, such as the declassification of records targeting political adversaries, the group claimed.

“Patel’s history of promoting conspiracy theories about the 2020 election and the ‘deep state’ raises serious concerns about his potential to undermine the independence of the FBI,” it stated. “He has publicly stated plans to target critics in government and media, saying,’We’re going to come after you. Whether it’s criminally or civilly, we’ll figure that out.’”

Patel’s confirmation as FBI director would put him in charge of the federal law enforcement agency that he could direct to target his enemies list of critics and high-ranking officials, American Oversight stated.

“The lawsuit seeks to uphold the public’s right to access critical records concerning Patel’s government actions,” the group stated. “These records are essential for the Senate to fulfill its advice and consent role, ensuring a legitimate confirmation process.”

The independence of the FBI—a cornerstone of democracy—requires that the public and Senators fully understand Patel’s record before any confirmation decision is made, American Oversight stated.

The court has yet to set a briefing or argument schedule.

In 2021, American Oversight sued for records and communications from top Trump administration officials related to the Jan 6 Capitol insurrection, including Patel’s communications.

The watchdog claimed that the released documents included Patel’s emails with other Defense Department officials in the days leading up to the attack and emails regarding hiring and media strategy.

Meanwhile, Senator Adam Schiff (D-Calif.) has voiced opposition to Patel’s nomination, urging the Senate to reject him as the next FBI director.

“Well, first of all, Kash Patel should not be confirmed,” Schiff said in response to a question on NBC’s Meet the Press on Sunday. The recent terror attack in New Orleans highlighted the importance of having an experienced and qualified individual leading the FBI, he added.

(This story originally appeared on The American Bazaar.)