Kash Patel Also Lied about Trump’s Personalization of US Intelligence

First Mother Jones and then NYT had stories this week laying out a bunch of false claims that Kash Patel made about his experience at DOJ.

The headline lie in both is that, in his Government Gangsters book and interviews since, Kash lied about how significant a role he played in the Benghazi investigation, as MoJo lays out here.

“I was leading the prosecution’s efforts at Main Justice in Washington, DC,” Patel writes.

Several FBI and Justice Department officials who worked the Benghazi case say this description is an exaggeration. Asked about Patel’s characterization, a former FBI special agent who was on that investigation for years exclaimed, “Oh my god, no. Not on that case. Not on Benghazi.”

[snip]

This former agent said that the counterterrorism section had a small role in the Benghazi probe. Primarily, the FBI and the US attorney’s office in Washington, DC, handled the case. “I don’t recall Patel having any influence on it,” he said. He recounted one meeting during the investigation that Patel attended in which Patel was not taken seriously by the main attorneys on the investigation. “The issue was whether or not we had the information needed to make a charge,” the former agent said. “He wasn’t a very experienced attorney and was dismissed by some of the attorneys at the table. The message was, we’re not paying attention to you.”

NYT adds a second, perhaps more important reason why Kash’s lies matter: Because he lied in an attempt to claim Democrats went soft on terrorism.

“Despite the fact that we had reams of evidence against dozens of terrorists in the Benghazi attack, Eric Holder’s Justice Department decided to only prosecute one of the attackers.”
— “Government Gangsters”

“I remember this meeting with then-A.G. Holder. And we had a deck of like 19 guys we wanted to prosecute. You know, JSOC had them rolled up and we wanted to get them all. They killed four Americans. You know, it’s a legit terrorist attack. And the basic general response from the F.B.I. and D.O.J. leadership was ‘it’s only politically convenient to get one guy.’”
— “The Shawn Ryan Show”

Mr. Patel’s statements suggest that the Justice Department under the Obama administration decided to initiate criminal proceedings against only one of the attackers, Mr. Khattala.

But as early as late 2013, the department had already filed sealed complaints against about a dozen militants, officials said at the time. Criminal complaints initiate prosecutions, but are often kept under seal if the charged person remains at large.

And prosecutors filed more secret complaints as the investigation identified additional suspects. A complaint filed against a Libyan man, Mustafa al-Imam, in May 2015, for example, became public only after his capture in 2017. (He was convicted in 2019 and sentenced to more than 19 years in prison.)

Other Benghazi suspects have since died.

Mr. Patel’s statement that the military had already “rolled up” as many as 19 attackers implied that they were already in American custody, raising the seemingly inexplicable question of why they did not get sent to trial.

In fact, to date, only Mr. Khatalla and Mr. al-Imam have been tried because the military has not captured any others — including on Mr. Patel’s watch as the Trump White House’s senior director for counterterrorism.

Capturing a specific person in a war-torn country where the military has scant ground presence is costly, risky and difficult. The operation to find and grab Mr. Khatalla required months of complex planning, including recruiting an informant to befriend and then lure Mr. Khattala to an oceanside villa, where an F.B.I. agent and American commandoes captured him and took him to an American warship waiting off the coast.

These fact checks will make for some interesting questions at Kash’s confirmation hearing. With some unspecified exceptions, these stories are primarily sourced to former officials:

  • Former agent
  • Former official in counterterrorism section
  • Andy McCabe
  • A former FBI agent who worked for years on the Uganda investigation
  • Robert D’Amico, a former F.B.I. agent
  • Public documents and interviews with several current and former law enforcement officials

That has the upside of allowing people to talk without fear. It means these people are no longer inside the bureaucracy, able to push back from within.

In any case, none of this will prevent Kash from being confirmed. Like Kash, John Ratcliffe fluffed his counterterrorism experience, in Ratcliffe’s case, to get elected. That led Trump to ditch his nomination a first time, but not in 2020 when he was confirmed on a largely partyline vote; the second vote was successful in significant part because then Acting Director of National Intelligence Ric Grenell, who was being babysat by Kash, was such a shitshow that Ratcliffe was a less-awful alternative.

But Kash has lied about more than his own inexperience. As NYT noted, he also likes to lie for partisan gain. That’s how he has convinced Republicans to support his nomination.

It’s a third kind of lie that hasn’t factored much in discussions of his tenure at FBI. Kash Patel has been absolutely central to Trump’s efforts to personalize intelligence obtained by US officials. And there is abundant reason to believe he lied about that, at least publicly, when he claimed, in May 2022, that Trump had declassified all the documents found at Mar-a-Lago. There’s a bunch about Kash’s role in the classified documents investigation — for example, why Kash and John Solomon suddenly got status as Trump’s representatives to the archives when prosecutors asked for surveillance video, or what Kash told prosecutors in November 2022 when he sat for immunized testimony — that is not yet public.

But it may become public, possibly as early as this week and presumably well before his confirmation hearing. Indeed, if (for example) one of the things the FBI found during the August 8, 2022 search of Mar-a-Lago but did not charge was some version of the Crossfire Hurricane binder, that may show up in Jack Smith’s closing report.

Another thing that might show up in Jack Smith’s report is what someone whose potty mouth resembles that of Eric Herschmann (person 16 here) had to say, in an interview days before Kash testified, about the claims that Trump “declassified everything” made by some “unhinged” person who exactly matches Kash (person 24).

As MoJo and NYT lay out, Kash Patel has lied to inflate his own resumé. He has lied to attack Democrats. According to Olivia Troye (whom Kash did not sue after threatening to do so).

But he was also a key player in Trump’s effort to take home classified documents and put them to his own personal use.

That, too, is unlikely to give Republican Senators pause before putting him in charge of FBI’s signals collection (often with NSA involvement) and informant programs. But it is likely to be far more important than fluffing his resumé going forward.

17 replies
  1. earlofhuntingdon says:

    I imagine Trump, Kristi Noem, and Stephen Miller can’t wait for Patel to get back from a visit to Syria, where he will have inspected various…prisons for ideas on what to import here.

    • bgThenNow says:

      I was a little surprised the number of my friends who have mentioned feeling inspired by Syria. “Of course we have not experienced a repressive regime here yet.”

  2. zscoreUSA says:

    This. And using state-collected intelligence for personal and political gains is a known tactic practiced by Benjamin Netanyahu.

    It’s a third kind of lie that hasn’t factored much in discussions of his tenure at FBI. Kash Patel has been absolutely central to Trump’s efforts to personalize intelligence obtained by US officials.

    But he was also a key player in Trump’s effort to take home classified documents and put them to his own personal use.

    …putting him in charge of FBI’s signals collection (often with NSA involvement) and informant programs.

    Weaponizing informants &whistleblowers, real or fake, and weaponizing classification & declassification have been key features of the Grassley/Flynn/Nunes Network. I don’t think it’s a coincidence, but these are also key narratives and/or mechanistic features of Qanon.

    And, I argue another way that classified information has been weaponized by this network, has been to hammer a wedge at the intersection of classified programs and domestic political scandals.

    For example, if Hunter’s activities with Burisma and Ukraine, have been part of intelligence community objectives, then when a scandal blows up, there are limits to how to respond. Kind of being forced into a box, while committee after committee exploits that inability to defend.

    Similarly, in Benghazi, if that State post was being used by CIA to funnel weapons from Libya to Syrian rebels, or whatever was going on there, when a scandal blows up there was limits to the defense by Hillary and Obama. Committee after committee was able to hammer that wedge, lest the public learn information about ongoing classified programs.

  3. Purple Martin says:

    So, as a corollary to the The Peter Principal, Adam Schiff just coined The Patel Principle.

    “…[Kash Patel] is a conspiracy theorist,” Schiff said on ABC News’s “This Week.”

    “It’s also someone I think who demonstrated, sadly, a principle of the first Trump administration and that is you rise to the level of your sycophancy. And the bigger the sycophant, the higher you rise. He’s risen pretty high but that’s not what we’re looking for.”

  4. Paul Hoffman says:

    (I hope I’m using the right user info! In any case, this is the name I plan to use moving forward.)

    From the length of the redactions you can tell that person 16’s name is 10 characters long, as is the name “Herschmann”.

    [Welcome back to emptywheel. Please use the SAME USERNAME and email address each time you comment so that community members get to know you. You have previously published comments as “Earthen Dam” (2022) and “phoffman” (2023). Please make a note of your username and employ it on all future comments as they may not publish if username does not match. /~Rayne]

  5. BRUCE F COLE says:

    “Personalization” sounds too anodyne to me, as a descriptor for the absconding with and secreting of top secret US government documents for personal gain, leverage, and other forms of aggrandizement — and likely also for retribution.

    Maybe Jack Smith’s report will give us some framing in that regard, if and when *that* shoe decides to drop.

  6. Zinsky123 says:

    Patel is a low-life opportunist who would sell his Grandma’s dentures if he thought he could get a good price for them. He has no plans to make America safer or more secure. Only to smear and prosecute Democrats on behalf of Dear Leader. There should be no place in American government for men like Kash Patel. He is an aberration sustained by the aberrant man that a plurality of Americans put back in power because grocery prices were too high, in their opinion.

  7. 2Cats2Furious says:

    Kash Patel has always had an overinflated sense of his own self-worth – a characteristic he very much shares with Trump. Who can forget the “Order on Ineptitude” issued by Judge Lynn Hughes of the SDTX back in February 2016, when Patel was ostensibly working on counterterrorism cases at Main Justice? The set-up is that Patel arrived for a hearing in Houston after an overseas flight, apparently not wearing a suit & tie because the airline lost his bag. Hughes not only gave him a “dressing down” over dressing down, but tore into him for being at the hearing at all, saying it was a waste of taxpayer money when there were already 2 prosecutors from the SDTX AUSA’s office handling the case. Hughes said “You don’t add a bit of value, do you?” and kicked him out of the hearing.

    Patel – all of 36 yo – was apparently so offended by the way Hughes (a Reagan appointee) treated him that he made multiple attempts to get a copy of the hearing transcript, resulting in the Order on Ineptitude. I can’t imagine why, except maybe to file a recusal motion because a federal judge was mean to him?! FFS.

    I had probably 10-12 cases before Hughes in my career as a civil litigator, and I can attest he doesn’t have much use for the federal government and can definitely be prickly, but I never had any issues with him. The full transcript shows he was just fine with the SDTX prosecutors, who presumably knew how to stay on his good side. Certainly neither of them spoke up in Patel’s defense, probably because he was an annoying little shit who really had no reason to be there.

    https://www.abajournal.com/news/article/federal_judge_issues_order_on_ineptitude_in_prosecutor_benchslap

      • 2Cats2Furious says:

        I have enough experience with Judge Hughes to say no: he’s been respectful towards POC who meet his expectations, and I’ve also seen him tear down white guys who don’t.

        It really was a matter of Patel disrespecting the court by not wearing a suit and tie, plus Judge Hughes not being a big fan of what he sees as wasteful government spending.

    • Attygmgm says:

      I once was in Kash’s position: arrived in Louisiana for a week long trial on behalf of DOJ without the luggage that held my court clothes. (I carried on the documents but was too young to always accommodate that risk by wearing a suit on the plane). But I didn’t just walk into court dressed casually, as it appears Kash must have.

      Court was scheduled early, too early for me to try to use local stores to solve my problem. I arrived to court early, got a message to the court about my predicament, and asked for direction on how the court wanted me to proceed. The judge was gracious, and I spent the morning at counsel table, feeling wildly out of place due to my casual clothes. Luggage arrived at noon, predicament thereafter solved.

      Had I just walked in without alerting the court I imagine my reception might have been quite different and along the lines Kash received.

      • emptywheel says:

        I once barely got to Thailand to run a training sessions after sneaking on the last seats out of Nagoya after being diverted bc of a typhoon. No luggage, of course.

        It being Bangkok, though, I was able to get tailored jackets to wear right down the street. Of course, i was a Thai XL size, since Thai women are so teeny. My colleague, who was a US large size, was not so lucky as me. IIRC she may have gotten a men’s jacket.

      • earlofhuntingdon says:

        I flew to Dallas one night, for an all-day interview the following day at a large firm. Naturally, luggage lost in transit. Fortunately, I stayed at a hotel with a men’s store in the lobby, and managed to find someone who would open it early the next morning. Had a new shirt and tie, and the luggage problem was an ice-breaker for the interviews.

        Back at DFW that evening, I was reunited with my luggage in time to board the aircraft home. Got an offer, but took another one.

    • earlofhuntingdon says:

      My recollection was that the set-up was less complimentary to Patel, though Hughes, a Reagan appointee, had a reputation for sexism and other crude examples of not being remotely “woke,” even by the diluted standards of the Fifth Circuit.

      Patel apparently arrived not dressed properly for Hughes’s court. That was relevant because he showed up unannounced and, while sitting in the back, claimed to be joining the prosecution team. He had no paperwork to support his claim, and no experience in Texas or with the subject matter of the case. He was also tongue-tied when Hughes asked him to explain himself, including why someone from Main Justice needed to be there. By then, Patel was a decade out of law school.

      In my experience, that falls under the category of a judge not suffering gladly a hapless unprepared attorney.

  8. mospeckx says:

    sry, Marcy, OT, and yea it’s a little teenie tiny backwater berg. However, they are trying to remain a republic, seem to value freedom and their kid’s lives. But holy mother russia is trying desperately trying to rescue them from themselves.
    Futurewise, we may have to reconsider our present position because we might find ourselves in similar situations
    https://www.youtube.com/watch?v=NbeWGBI-Sx4
    virtually certain things will all end up AOK and that we gotta trust the kids, the new gen coming on, and hopefully they can save us. My bipolar pal who died from not eating at 55 said ‘that’s the miniscream .. wait for the big scream’
    https://www.youtube.com/watch?v=ch4d3x7ZBFk

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