American Oversight Sues Intelligence Agency for Records About Trump Nominee Kash Patel

Press Release

On Thursday, American Oversight filed a lawsuit and motion for preliminary injunction in federal court, seeking records from the Office of the Director of National Intelligence (ODNI) involving Kash Patel, President-elect Trump’s intended nominee for FBI director. 

The requested records include emails between Patel — who served as a senior adviser during the first Trump administration, later moving to the Pentagon — and former and current members of Congress, as well as records of Patel’s official government travel and communications about politicized subjects such as Trump’s baseless claims that the Obama administration had tapped his phones or the investigation into the 2019 Ukraine aid freeze. 

“The government has sat on our FOIA requests for four years already, and it’s long past time for them to provide these records to the public,” said American Oversight Senior Counsel Ben Sparks. “Prompt release is essential for transparency, accountability, and public trust. Any additional delay will deprive the public of critical information about Patel’s conduct at ODNI before the Senate considers his nomination to lead the FBI.”

American Oversight first requested the records in August 2020 under the Freedom of Information Act, requesting expedited processing in December, after Trump announced his intention to nominate Patel and current FBI Director Christopher Wray (whom Trump appointed in 2017 for a 10-year term) announced his resignation effective Jan. 20. The lawsuit and motion for preliminary injunction ask the court to order ODNI to release the documents by Jan. 17.  

The nomination of Patel, who rose through the ranks of the 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.

Patel has promoted conspiracy theories about the 2020 election as well as the “deep state,” which he has pledged to purge of “government gangsters.” In public statements, Patel has said he plans to “find the conspirators” in both government and in the media.” “Yes, we’re going to come after the people in the media who lied about American citizens, who helped Joe Biden rig presidential elections,” he said. “We’re going to come after you. Whether it’s criminally or civilly, we’ll figure that out.” Patel’s confirmation as FBI director would put him in charge of the federal law enforcement agency that he could direct to target his enemies list of critics and high-ranking officials. 

In 2021, American Oversight sued for communications and records of top Trump administration officials from the time of the Jan. 6 insurrection, including Patel’s communications. Records released in response include emails between Patel and other Defense officials in the days leading up to Jan. 6, as well as emails from Patel about hiring and media coverage. Additionally, 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.

“Patel’s nomination is powerful evidence that President-elect Trump values personal fealty over qualifications and commitment to rule of law,” said American Oversight interim Executive Director Chioma Chukwu. “Any official who publishes a list of ‘enemies’ has no business heading the principal investigative arm of the Department of Justice. Before the Senate considers Patel’s nomination, the American people deserve the full picture of his actions during the first Trump administration.”

The court has not yet set a schedule for briefing or argument.