Washington D.C. — Today, Senator Adam Schiff (D-Calif.) and Senate Judiciary Committee Ranking Member Senator Dick Durbin (D-Ill.), along with Judiciary Committee Democrats, sent a letter to Acting Attorney General James R. McHenry III, demanding the immediate release of key information and evidence pertaining to the nomination of Kash Patel as Director of the Federal Bureau of Investigation (FBI).
The Committee requested that the Department of Justice provide to the Committee all sections that pertain to Mr. Patel in Volume Two of Special Counsel Jack Smith’s report regarding President Trump’s retention of classified materials, which remains withheld from the Committee.
“The Committee cannot adequately fulfill its constitutional duty without reviewing details in the report of Mr. Patel’s testimony under oath, which is necessary to evaluate Mr. Patel’s truthfulness, trustworthiness, and regard for the protection of classified information,” wrote the Senators. “This is of utmost importance, as Mr. Patel has been nominated to hold one of the nation’s most important law enforcement positions, in which his core responsibilities, if confirmed, include seeking and telling the truth, maintaining the trust of Congress and the American people, and protecting our nation’s most sensitive information.”
“The position of FBI Director bestows on its officeholder a solemn duty to be impartial, truthful, and trustworthy,” the Senators continued. “In order to discharge their constitutional duty, the Members of the Senate Judiciary Committee must therefore be fully and accurately informed about Mr. Patel’s record.
The letter emphasizes the Committee’s readiness to accommodate in-camera review of the materials and urges the Department to seek judicial authorization, if necessary. Public reports have indicated that Mr. Patel received immunity to testify before a grand jury regarding his claims about President Trump’s handling of classified documents, including an assertion – unsupported by evidence – that the former President had declassified certain materials before leaving office.
Full text of the letter is available here and below:
Dear Acting Attorney General McHenry:
As the Senate Judiciary Committee exercises its constitutional responsibility to provide advice and consent on the nomination by President Trump of Kashyap “Kash” Patel to serve as Director of the Federal Bureau of Investigation (FBI), it is necessary for the Committee to evaluate Mr. Patel’s full record, including the veracity of his public and private statements and activities that pertain to the handling and protection of classified information. In this respect, the Committee requests urgent access to the following materials that have not yet been shared with the Committee and bear directly on Mr. Patel’s suitability to lead the nation’s premier law enforcement agency:
- Mr. Patel’s grand jury testimony as part of the Department’s investigation of President Trump and other defendants regarding the President’s unlawful retention of classified documents after leaving office in 2021.
- Any and all sections of Volume Two of the “Final Report of the Special Counsel’s Investigations and Prosecutions,” submitted on January 7, 2025, by Special Counsel Jack Smith to the Attorney General, that refer or pertain to Mr. Patel’s testimony or actions.
We request that you comply promptly with these requests by January 28, 2025, in order for the Senate Judiciary Committee to review any relevant information prior to Mr. Patel’s confirmation hearing on January 30, 2025. The Committee is prepared, as an accommodation, to accept in camera review of the materials and urges the Department to seek a court order, if the Department deems necessary, to comply with this request.
According to public reports, federal prosecutors subpoenaed Mr. Patel to testify before a grand jury investigating President Trump’s retention of classified materials after leaving office, and granted Mr. Patel immunity to facilitate his testimony in November 2022 after Mr. Patel invoked his Fifth Amendment right against self-incrimination and refused to answer questions. The Department reportedly sought Mr. Patel’s testimony in response to, among potentially other matters, Mr. Patel’s unsubstantiated public assertion that President Trump declassified documents prior to departing office at the end of his first term. Mr. Patel’s testimony under oath before the grand jury on this and other potential matters, and the Special Counsel’s findings with regard to Mr. Patel’s related activities and statements, remain unknown to the Committee and the public.
The Committee cannot adequately fulfill its constitutional duty without reviewing Mr. Patel’s testimony under oath, which is necessary to evaluate Mr. Patel’s truthfulness, trustworthiness, and regard for the protection of classified information. This is of utmost importance, as Mr. Patel has been nominated to hold one of the nation’s most important law enforcement positions, in which his core responsibilities, if confirmed, include seeking and telling the truth, maintaining the trust of Congress and the American people, and protecting our nation’s most sensitive information.
The Committee is engaged in pertinent and urgent constitutionally mandated legislative activity that removes prior barriers to access to these materials. On January 23, 2025, the Committee issued a “Notice of Committee Nomination Hearing” for Mr. Patel, which is now scheduled for January 30, 2025. The Chairman of the Committee submitted on January 16, 2025, Questions for the Record (QFR) to Attorney General nominee Pamela Jo Bondi following her confirmation hearing, requesting that she commit to making Volume Two of the Special Counsel’s report available immediately for review to the Senate Judiciary Committee Chair, Ranking Member, or their designees.
This formal request preceded an order issued several days later by a judge in the United States District Court for the Southern District of Florida that enjoined the Department of Justice from releasing or otherwise making available a redacted version of Volume Two of the Special Counsel’s report to the House and Senate Judiciary Committees. In the order, the judge erroneously stated that “[t]here is no record of an official request by members of Congress for in camera review of Volume II as proposed by the Department in this case,” despite the Chairman’s prior request which her order omits. The judge also concludes wrongly that the Department of Justice “identified no pending legislation on the subject or any legislative activity that could be aided, even indirectly, by dissemination of Volume II to the four specified members whom the Department believes should review Volume II now.” Rule 6(e) of the Federal Rules of Criminal Procedure also should not serve as a barrier in this circumstance. Mr. Patel has already received a grant of immunity from the Department of Justice and, as explained above, his testimony on this matter is directly germane to his suitability to serve as FBI Director.
The Committee is presently charged with undertaking one of its core constitutional and legislative functions: providing advice and consent on nominations by the President to positions of great responsibility in the U.S. Government. And the position of FBI Director bestows on its officeholder a solemn duty to be impartial, truthful, and trustworthy. In order to discharge their constitutional duty, the Members of the Senate Judiciary Committee must therefore be fully and accurately informed about Mr. Patel’s records, including testimony he has provided under oath.
We look forward to your full and immediate compliance with these requests. Thank you for your prompt attention to this important matter.
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