It was a tight vote.
The Senate voted 51-49 on Thursday to confirm Kash Patel as the new FBI director.
While Sen. Mitch McConnell, R-Ky., supported the confirmation, moderate Republicans Lisa Murkowski of Alaska and Susan Collins of Maine opposed it. Earlier in the day, a vote to invoke cloture and initiate two hours of debate on Patel’s nomination passed 51-47.
The Senate Judiciary Committee had earlier advanced Patel’s nomination to the full Senate with a 12-10 vote. However, despite the Republican majority in the chamber, Patel’s confirmation faced challenges as Democrats sought to delay the vote. Senate Judiciary Committee ranking member Dick Durbin accused Patel of being involved in recent firings at the FBI, citing “highly credible” whistleblower reports. Durbin alleged that Patel was orchestrating a purge of FBI employees even before his official confirmation.
Republican senators dismissed these claims as baseless and politically motivated. An aide for Patel also denied Durbin’s accusations, stating that Patel had been at home in Las Vegas awaiting the confirmation process after his hearing.
Patel, a strong critic of investigations into former President Donald Trump and a key figure in Trump’s 2020 election fraud claims, assured during his confirmation hearing that he would not retaliate against FBI agents who had worked on the classified documents case involving Trump or other politically sensitive investigations.
His confirmation comes amid increased scrutiny of the FBI’s activities, leadership, and personnel decisions. Recently, the FBI ordered thousands of agents and their supervisors to complete a questionnaire detailing their involvement in the January 6 investigation, raising concerns of potential retaliation. A group of FBI agents filed an emergency lawsuit to block the release of their identities, citing fears of retribution.
During his confirmation hearing, Patel promised lawmakers there would be no political retaliation within the FBI, stating, “There will be no politicization at the FBI” and “There will be no retributive action.” However, his ability to uphold that promise may be tested, as Trump has publicly expressed his intent to remove some FBI personnel involved in the January 6 Capitol riot investigation, labeling certain agents as “corrupt.”
While Trump claimed that those responsible for the alleged misconduct would be dismissed “quickly” and “surgically,” he provided no further details. The White House has yet to comment on the matter, and a federal judge in Washington, D.C., has agreed to consider the agents’ lawsuit.
In an effort to reassure senators, Patel addressed concerns about surveillance practices under Section 702 of the Foreign Intelligence Surveillance Act (FISA), stating that a warrant requirement for real-time intelligence gathering would hinder national security efforts. He acknowledged that the program had been misused but opposed requiring investigators to obtain a court order before conducting surveillance on U.S. citizens in national security cases.
During the Trump administration, Patel held several key national security roles, including chief of staff to acting Defense Secretary Chris Miller and senior advisor to the acting director of national intelligence. He also worked closely with former House Intelligence Chairman Devin Nunes, where he sought to declassify documents that he believed would expose flaws in the FBI’s surveillance warrant for Trump campaign aide Carter Page. Patel also served as a national security prosecutor in the Justice Department.
In a Wall Street Journal op-ed, Patel emphasized his commitment to transparency and enhancing collaboration with local law enforcement. He wrote that his priorities as FBI director would include streamlining headquarters operations and increasing the presence of field agents across the country. He also promised to advocate for congressional oversight and ensure timely responses to lawmakers’ inquiries in order to rebuild trust in the FBI.
