Trump sparks fears over retribution against media with Patel FBI pick

Threats by Kash Patel, President-elect Trump’s pick for FBI director, to use the power of the bureau to scrutinize news outlets critical of the incoming administration are sending a chill through the media.

First Amendment advocates and legal experts say Patel's rhetoric raises new questions about press freedoms during a second Trump administration and is intensifying worries about whether the president-elect will go after perceived enemies in the media.

Patel, a longtime Trump supporter, got his start in politics as a staffer to former Rep. Devin Nunes (R-Calif.), working as an adviser on the House Intelligence Committee.

As he rose through the intelligence community and in Trump’s orbit, Patel publicly railed against the so-called “deep state,” which he argues worked to undermine Trump’s agenda during his first term.

Part of this hostile apparatus, Patel and other Trump loyalists have said, is mainstream media outlets overly sympathetic to Democrats.

“We will go out and find the conspirators, not just in government but in the media,” Patel said during a 2023 episode of Steve Bannon’s “War Room” podcast. “Yes, we’re going to come after the people in the media who lied about American citizens who helped Joe Biden rig presidential elections. We’re going to come after you. Whether that’s criminally or civilly, we’re going to figure that out. But yeah, we’re putting you all on notice.”

Those comments and others by Patel blasting journalists have reverberated through national newsrooms in the weeks since he was named Trump’s pick to lead the FBI.

“There’s a lot of concern among the newsrooms we’ve spoken with about what to expect,” said Chuck Tobin, a First Amendment attorney who works with several press freedom groups. “At the same time, there’s complete resolve to get information to the public about what this government is going to be up to.”

Patel will need to be confirmed by the Senate to come the new FBI director. If Democrats are united against him, he’ll be able to lose no more than three GOP votes.

Patel’s hostility toward the mainstream media is likely to come up during the confirmation process in the context of whether he or Trump will go after media critics.

During an appearance on NBC’s “Meet the Press” on Sunday, Trump was asked directly about whether he’d seek retribution and whether Patel would go after Trump’s opponents. Trump’s remarks were centered less on the media, however, than on members of the House panel that looked into the Jan. 6, 2021, attack on the Capitol.

“I mean, he’s going to do what he thinks is right,” Trump said of Patel. “If they were crooked, if they did something wrong, if they have broken the law, probably. They went after me. You know, they went after me, and I did nothing wrong.”

Department of Justice policy blocks the government from using subpoenas to seize the records of journalists in government leak investigations.

The FBI or DOJ can, however, seek journalists’ records if they are suspected of committing a crime or working on behalf of a foreign adversary, or if investigators believe there is an imminent risk of death or harm without the records.

Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, said Patel would have limited power in going after journalists.

“Threatening the First Amendment and newsgathering rights of reporters should concern every American who cares about strengthening our communities,” Brown said.

“The Department of Justice has guidelines in place for investigations involving journalists. The FBI wouldn’t be able to unilaterally revise or rescind them. And it’s Justice Department prosecutors, not the FBI, who make decisions about how to proceed with cases,” he added.

Still, prior comments from Trump loyalists like Patel could have a chilling effect on coverage of the incoming administration, others say.

“We are deeply concerned about the growing hostility and threats toward journalists, as well as the rhetoric expressed by some of the President-elect’s nominees,” The National Press Foundation said in a statement to The Hill this week. “This increasing tension underscores the need for those in power to understand and appreciate the critical importance of a free and independent press.”

In a statement to The Hill on Monday, a representative for the Trump transition stood by Patel and sought to cast President Biden as the chief executive most antagonistic toward the media.

“Kash Patel is going to deliver on President Trump’s mandate to restore integrity to the FBI and return the agency to its core mission of protecting America,” the spokesperson said. “Kash is committed to safeguarding Americans’ First Amendment rights unlike Joe Biden who weaponized the DOJ to target journalists.”

The transition's statement was an apparent reference to a 2021 raid on the home of conservative investigative media personality James O'Keefe in connection with an alleged theft of a diary belonging to the president's daughter Ashley, a move that was panned by some First Amendment advocates at the time.

Yet Biden administration officials have not espoused the same explicitly anti-media rhetoric as Trump and his top allies have for years.

The former president in recent weeks has threatened to use the FCC to pull broadcast licenses of major networks and sued CBS News over an interview with Vice President Harris days before the November election.

Patel has also threatened lawsuits against prominent media commentators and others critical of his nomination.

“This administration sounds dangerously close to making war on journalism part of the policy of the federal government,” said Tobin. “If they’re looking to drive toward a monolithic media where only the journalism the Trump administration approves of gets to the public, they’re in for a rude awakening.”

Topics

Patel FBI plans spark concern over agency independence, retribution

Kash Patel, President-elect Trump’s nominee to lead the FBI, has promised to deliver a massive reform of a bureau he sees as among the agencies that have “weaponized the government.” Patel hasn’t ...
The Hill - 1d
What Did Kash Patel, Trump’s FBI Pick, Do at Truth Social?

Mr. Patel was directly involved in building a case that two co-founders of Trump Media & Technology mismanaged the debut of Truth Social in 2022. He was paid about $130,000 as a consultant.
The New York Times - 5d
Kash Patel, Trump’s pick to be FBI director, targeted in Iranian-backed cyberattack

The FBI recently told Kash Patel, President-elect Donald Trump’s pick to be the bureau’s next director, that he was the target of an Iranian cyberattack
NBC News - Dec. 4
Trump's FBI pick Kash Patel targeted in Iranian cyberattack

Kash Patel, President-elect Trump’s nominee to lead the FBI, was among those targeted by an Iranian cyber attack. It’s unclear whether any information was gained through the attack, but it makes ...
The Hill - Dec. 4
What to know about Trump FBI director pick Kash Patel

Kash Patel has said he wants to reshape the bureau President-elect Donald Trump picked him to lead. Elaina Plott Calabro, staff writer at The Atlantic, joins "America Decides" to dive deeper into ...
CBS News - Dec. 3
Who is Kash Patel, Trump's pick to lead the FBI?

Kash Patel, one of President-elect Donald Trump's most loyal supporters, is his pick to lead the FBI. If confirmed by the Senate, Patel has vowed to overhaul the agency. Chris Piehota, retired FBI ...
CBS News - Dec. 2
As FBI Director, Kash Patel Could Offer January 6 Rioters Retribution Against Their Enemies

Kash Patel, who has pushed conspiracy theories and helped produce a single featuring the J6 Prison Choir, has proposed investigating the investigators of the failed insurrection.
Wired - Dec. 2
Why Trump's FBI director pick Kash Patel is raising alarms

President-elect Donald Trump's intention to make Kash Patel his FBI director is drawing harsh critiques from some politicians who don't think he is the right person for the job. CBS News' Nancy ...
CBS News - Dec. 2
Lawmakers warn against Trump's Kash Patel pick for FBI director

Democrats in Congress are decrying President-elect Donald Trump's pick for FBI director. Trump announced he wants Kash Patel to take over the job but current FBI director Christopher Wray is still ...
CBS News - Dec. 2