At today's Senate Appropriations Committee hearing, Sen. Jeff Merkley (D-OR) questioned FBI Director Kash Patel about a range of topics.
Category
🗞
NewsTranscript
00:00Senator Merkley.
00:02Well, thank you, Mr. Chairman.
00:04And thank you very much, Director Patel.
00:07And so, as I understood it, you testified yesterday
00:11that you'd like to have another billion dollars added
00:15onto the FY25 level to do the additional work you'd like to do
00:18on drug interdiction, fentanyl in general, and anti-terrorism.
00:24And today you gave us a budget that requests cutting half a billion.
00:28Which is it?
00:30What are you asking of this committee?
00:32To add funds, add a billion dollars, or to cut half a billion dollars?
00:37Thank you, Senator.
00:38I appreciate the opportunity.
00:40What I'm asking for is that with more I can simply do more.
00:44And I was giving examples of what more I could do.
00:47I can do the mission and am in support of the budget here,
00:52and I'm working with appropriators and you to fill the gaps.
00:56So you support the budget presented that cuts half a billion,
00:59but you also support us adding a billion should we choose to do that?
01:02Well, I can't not support the budget as proposed
01:05because then I would be supporting no budget.
01:08Okay.
01:09Well, we've got those two options.
01:11We do look forward to further details from you about how you plan to modify the function of FBI
01:21on these different missions that you've highlighted today so that we can give it the appropriate consideration.
01:27And, Director Patel, you're familiar with the Fifth Amendment.
01:33Yes, Senator.
01:34And it is really the Freedom Clause of the United States.
01:39It was four years into being a nation when Congress and the states said,
01:45hey, we have to make sure that there's not an over-aggressive government in the future
01:50that deprives us of life, liberty, or property without due process of law.
01:56And you're familiar that that applies to all persons in the United States.
02:02Yes, Senator.
02:04So, there's been a lot of concern about the several hundred immigrants
02:10who were swept off the streets of America and sent to El Salvador without due process.
02:17And does that concern you?
02:20Senator, I'm not in a position to comment on whether or not they were given or not given due process
02:26or are supposed to be afforded due process.
02:28All the FBI did and all the FBI will continue to do is arrest those that have violated the law.
02:33Okay, but to arrest, you have to investigate.
02:35Have you launched an investigation of this violation of the Freedom Clause of the U.S. Constitution?
02:40Senator, I don't know that I agree with your characterization.
02:43Well, that was my first question, whether or not you agree with the Fifth Amendment
02:48and are prepared to defend it.
02:50It is your job to investigate crimes.
02:52Yes, I agree with the Fifth Amendment.
02:54I agree with the entire Constitution.
02:56And the men and women at the FBI decide—
02:58So, are you going to launch an investigation of the reported violation
03:02of the due process of several hundred individuals?
03:05Again, Senator, it's not for me to call the balls and strikes on it.
03:09The men and women at the FBI who are trained to open investigations will make those calls.
03:13So you have no influence over whether an investigation is opened?
03:18I have influence over it, but you're asking me a constitutional question.
03:21I'm not a constitutional scholar.
03:23It's actually not a—it's a question also of law.
03:26Your position is that every one of those individuals is by constitutional right afforded due process.
03:32I don't know the answer to that.
03:33I'm telling you—
03:34You don't?
03:35You haven't read the Constitution?
03:36It says all persons.
03:37I've got it right here, but what you're saying is that every single one of the illegals
03:41that was sent down to El Salvador is supposed to be given due process pursuant—
03:45That's what the Constitution says.
03:46It says no person.
03:47It doesn't say that.
03:48It does say no person.
03:50I'll encourage you to read it because it's also been affirmed by the Supreme Court repeatedly
03:57on the case of Miranda versus Arizona, held the right of all individuals regardless of
04:03citizenship status, the Supreme Court in Reno versus Flores.
04:07I mean, but it's the plain language of the Constitution.
04:09It concerns me that you're not familiar with the core concept of due process applying
04:14to all persons as written in black and white in the Constitution.
04:17As the first public defender who's ever served at the FBI as its director, I am more aware
04:21of due process than any predecessor in my seat.
04:24You are delineating between removal proceedings and criminal acts.
04:27My job is to investigate criminal acts.
04:29That's what we do.
04:30You are aware that the Fifth Amendment refers to taking away liberty, and when people are arrested
04:37on the street, detained, or detained, and sent out of the country, that their liberty
04:41has been taken away.
04:42Senator, that is a constitutional question that you are asking me to answer.
04:46It's not for me to answer.
04:47It's not for me to answer.
04:48The question has already been answered by the Supreme Court that they're protected.
04:52Therefore, it's a violation of law.
04:53And it's your responsibility to open an investigation, and you're saying today you
04:56will not do so?
04:57I am not the agency involved in removal proceedings.
05:00That is a different branch of government.
05:02So if an agency other than the FBI violates the law and the Constitution, you will not investigate
05:07because it's a different agency?
05:08I will investigate every violation of law.
05:10Well, you have – but you just said you're not investigating.
05:13No.
05:14You and I are in disagreement on what is a violation of law.
05:17I have yet to hear from the Supreme Court your position as you have adjudicated it.
05:22Well, very interesting because the Supreme Court's been very clear, and I had heard you
05:26were trained in the law, so I expected maybe you would try to uphold it.
05:30You also took an oath to the Constitution.
05:31Thank you for the reminder.
05:33Well, it's important to remind you since you're apparently unfamiliar with the very
05:38basics of the core protection of freedom in our Constitution.
05:41What I am familiar with is protecting the American public, and that's what I'm –
05:44Let me close with one question, Mr. Chairman.
05:46Will you make sure that due process in every action of the FBI is completely honored under
05:51your time as Director?
05:53Will I ensure that due process is followed?
05:56Yes.
05:57Under the Constitution?
05:58Completely.
05:59You know, send that message throughout the FBI that due process must be followed as constitutionally
06:03required.
06:04Make sure that it's done under your direction.
06:05Sure.
06:06Great.
06:08Senator Murkowski.