'Patel is unlikely to stand up to the executive branch if abuses of power occur,' writes Barbara McQuade.
Kash Patel, nominee to be Director of the Federal Bureau of Investigation, testifies in front of the Senate Judiciary Committee in Washington, DC on January 30, 2025.
he Federal Bureau of Investigation has enormous power to investigate crime. Leading the agency requires judgment, restraint, and, above all, fidelity to the rule of law over loyalty to any individual. On this, Kash Patel, Trump’s nominee for FBI director, falls short.on January 30, Patel refused to acknowledge that Donald Trump lost the 2020 presidential election.
But the DIOG is policy—not law. A new director could erase it with one press of the delete key. One would hope that career FBI agents would balk at opening cases without a factual predicate or at using invasive investigative techniques as fishing expeditions. But if the boss changes the FBI’s policy, then they would be expected to comply with his orders.
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