American Oversight Files Emergency Lawsuit for Trump Classified Documents Report; Seeks Information About Role of FBI Nominee Kash Patel

On Monday, American Oversight filed a lawsuit and motion for preliminary injunction against the Department of Justice demanding the immediate release of Volume Two of Special Counsel Jack Smith’s report, which details the findings from the criminal investigation into President Trump’s alleged mishandling of highly classified documents as he left office after his first term. 

The report, which had been previously blocked from release, may reveal whether Kash Patel — Trump’s nominee to head the Federal Bureau of Investigation (FBI) — engaged in misconduct that bears on his fitness for office, including whether he misled the public by claiming Trump declassified documents before leaving office. It may also shed light on Patel’s testimony in the underlying classified documents probe, which he has repeatedly refused to disclose to the Senate. 

The lawsuit, filed in the U.S. District Court for the District of Columbia, comes on the heels of the Senate’s decision to delay the vote to advance Patel’s nomination following recent changes in FBI leadership and concerns over Patel’s potential lack of candor. Information relevant to Patel’s fitness to lead the FBI is of critical importance to the public as the Senate considers his nomination. 

“There is no legitimate reason for the Justice Department to continue withholding the special counsel’s report from the American people,” said American Oversight interim Executive Director Chioma Chukwu. “Patel’s nomination to a role charged with safeguarding public safety, justice, and national security makes it more important than ever that the public have access to records that would shed light on his trustworthiness and regard for protection of classified information. Our lawsuit seeks to compel the immediate release of these records without any further delay.”

Background

In January, American Oversight filed a lawsuit in federal court, seeking records involving Patel from the Office of the Director of National Intelligence. American Oversight also condemned his nomination, warning that he has demonstrated a disdain for the rule of law and could abuse his power to target an enemies list of critics and former government officials, and others meeting his or Trump’s disfavor. 

The nomination of Patel, who rose through the ranks of the first Trump administration as an avowed loyalist to the president, raises serious concerns about how the FBI could be weaponized by a president who during his first term routinely sought to politicize the Justice Department and has threatened “retribution” for his political enemies during his second term.  

In 2021, American Oversight sued for communications of top Trump administration officials related to the Jan. 6 insurrection, including Patel’s communications. One of the lawsuits revealed that the Pentagon had failed to preserve senior officials’ text messages, leading to the department announcing a change in policy.

American Oversight is a nonpartisan watchdog with a proven record of effective and innovative investigations that expose wrongdoing and drive change. During the second Trump administration, transparency will serve as a critical tool for accountability to combat abuses of power, attacks on democratic institutions, and threats to civil rights and civil liberties.