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    Trump’s January 6 pardon doesn’t cover FBI murder plot conviction, judge rules

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    A man pardoned by Trump for his role in the January 6 insurrection who also was convicted of plotting to kill federal agents investigating him is still legally liable for the plot, a judge ruled on Monday.Edward Kelley was pardoned by Trump for his role in the US Capitol riot, but he remained in prison on separate charges. The Tennessee man had developed a “kill list” of FBI agents who had investigated him for the Capitol attack.On his first day in office, Trump issued pardons and commutations to more than 1,500 people convicted for their roles in the January 6 insurrection, including militia members. But other rioters had separate charges that the courts and the justice department are working through.In Kelley’s case, the justice department argued he was not pardoned by Trump for the plotting charges. In Monday’s ruling, the US district judge Thomas Varlan deniedKelley’s motion to dismiss the charges, saying the case “involved separate offense conduct that was physically, temporally, and otherwise unrelated to defendant’s conduct in the D.C. Case and/or events at the Capitol on January 6, 2021”.The plotting charges stemmed from “entirely independent criminal conduct in Tennessee, in late 2022, more than 500 miles away from the Capitol”, Varlan wrote.Prosecutors allege Kelley – who was the fourth rioter to enter the Capitol on January 6 and was carrying a gun – was developing a plan to murder law enforcement agents. They produced recordings of his planning activity, including Kelley giving instructions to “start it”, “attack”, and “take out their office”.“Every hit has to hurt,” he allegedly says in one recording.A cooperating defendant testified against Kelley and said he and Kelley were planning to attack the FBI field office in Knoxville with car bombs and drones, and were strategizing over how to assassinate FBI employees at their homes or in public places.While most participants in the events of January 6 who were in prison have been released, some are still inside because of other charges, both related and unrelated to the Capitol riot. It is not yet clear what will happen to some rioters who were charged with gun crimes during searches of their homes when authorities were serving January 6 warrants. More

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      While our eyes are on the welfare state’s destruction, Trump is building a police state | Judith Levine

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      Last week, the federal human resources department sent out a seven-page memo ordering agencies to submit detailed plans on how they will work with the so-called “department of government efficiency” (Doge) to slash their payrolls. To do this, they were to eliminate whole job categories – except one. Untouchable were positions “necessary to meet law enforcement, border security, national security, immigration enforcement, or public safety responsibilities”.While we’ve had our eyes on the wrecking ball–Doge pulverizing social services, environmental protection and scientific research, we’ve hardly taken notice of what is being constructed. In the footprint of the already shabby, now half-demolished US welfare state, the Trump administration is building a police state.In spite of Doge’s cuts to the FBI, the agency’s director, Kash Patel, is gearing up to turn the agency – whose job has always been to spy on US citizens, including enemies of the state as identified by the government in power – into Donald Trump’s personal secret police. At the state level, lawmakers are compiling their own enemies lists and filing bills to reward those who snitch on abortion seekers, transgender people, undocumented immigrants and school librarians suspected of harboring the wrong books.The Republican House budget includes $300bn in new funding for defense and border control. Among the Senate budget committee’s announced priorities are finishing the border wall, increasing the number of immigrant detention “beds”, hiring more border patrol agents, and investing in state and local law enforcement to assist in “immigration enforcement and removal efforts”. While no figures are provided in the attached budget, the Senate budget committee assures Americans that any new spending will be offset by reductions.Some of those reductions involve firing immigration judges and cutting federal supports to local police. Clearly, the right hand doesn’t know what the other right hand is doing. Still, cuts are not always cuts. Defense secretary Pete Hegseth has instructed senior staff to shave 8% off the department’s $850bn annual expenditures. Programs addressing the climate crisis and “excessive bureaucracy” are high on the list, of course. But, as the Intercept points out, savings will be repurposed for the president’s pet projects. For instance: the Iron Dome, an enormously complex, costly – and, critics say, unfeasible, unnecessary and even futile – space-based missile-defense and “warfighting” system that has been a fantasy of tech-drunk Republican presidents since Ronald Reagan. In keeping with Trumpian décor and his “golden age of America”, the Iron Dome has recently been rechristened the Golden Dome.The Golden Dome might also be a symbol of what a state devoted to protecting itself from enemies real and imagined offers corporate America. Because as the civil service shrinks, private industry – particularly the overlapping defense and tech sectors – will fill in the blanks. Project 2025, which is essentially being cut and pasted into Trump’s executive orders, calls on the administration to “strengthen the defense industrial base”, stockpile ammunition and “modernize” the nukes, while streamlining procurement from private contractors and involving them in decisions about what to produce. With Tesla and SpaceX contracts worth $38bn and of course, control of Doge, Elon Musk is already at the table. SpaceX practically owns Nasa’s rocket launch and space travel programs, freaking out engineers familiar with its bargain-basement manufacturing practices – and failures. Next up: artificial intelligence to replace human expertise.Trump’s war on immigrants also promises a windfall. During his first term, and Joe Biden’s as well, the creation and operation of a “smart” border wall – comprising mobile towers, autonomous drones, thermal imaging, biometric data collection and artificial intelligence – funneled billions of taxpayer dollars to Silicon Valley and Wall Street. A 2022 report by the National Network for Immigrant and Refugee Rights on border militarization and corporate outsourcing called border security a “for-profit industry”, which perpetuates itself by lobbying for ever more draconian crackdowns on migrants.Those profits are about to explode. “The border security market is projected to reach $34.4 billion by 2029, from $26.8 billion in 2024,” with Lockheed Martin and General Dynamics the biggest beneficiaries, according to the market research firm MarketsandMarkets.Private prison companies – the two largest contractors are GEO Group and CoreCivic – anticipate unprecedented revenues too. Implementation of the Laken Riley Act, which mandates locking up undocumented people charged not just with violent crimes but with offenses as trivial as shoplifting, will require a huge buildout of detention facilities; Project 2025 recommends 100,000 available beds daily. Flying deportees to their home countries could generate $40m to $50m of business, according to GEO’s executive chairperson. “We believe the scale of the opportunity before our company is unlike any we’ve previously experienced,” crowed the chief executive officer, J David Donahue, on the company’s quarterly earnings call.The removal of millions of migrants will necessitate more than software, planes and prisons. It will need personnel. And wouldn’t you know it, an enterprising group of military contractors including the CEO of Blackwater has submitted a proposal to the Trump administration to deputize a mercenary border patrol of 10,000 private citizens. The plan also recommends payments to bounty hunters. Estimated cost: $25bn.These surveillance technologies and tactics are not targeted solely at foreign and extraterrestrial invaders, however. Government drones kept watch over the Black Lives Matter protests of 2017; at a protest against Israel’s war on Gaza at New York University, a student called my attention to a police drone circling above. In 2021 SpaceX signed a $1.8bn contract with the Pentagon’s National Reconnaissance Office for a network of low-orbiting spy satellites called Starshield. “A US government database of objects in orbit shows several SpaceX missions having deployed satellites that neither the company nor the government have ever acknowledged” but were identified by experts as Starshield prototypes, Reuters reported. It is unclear whether the network will be used for military or domestic spying, but its reach is vast. Said one Reuters source: “No one can hide.”The transformation of the US government is not just a matter of replacing an accountable civil service with self-interested private contractors. “It seems like they are using [Doge] to reshape the purpose of the government rather than execute it more efficiently,” Max Stier, president of the non-partisan Partnership for Public Service, told the Washington Post.That purpose, Trump tells us, is public safety from threats without and within. But a capitalist police state redefines public safety. Safety does not include housing or food security, disease prevention or disaster relief. The state protects companies, not workers, consumers or the environment. The “public” in “public safety” also attains new meaning: it embraces only native-born practitioners of the state religion, political loyalists and favored profiteers.As this inner circle shrinks, the outside expands. There are citizens and what the Italian philosopher Giorgio Agamben calls “margizens”, those who live in a country but do not benefit from its rights or protections. Not only are the margizens denied safety; they are deemed dangerous. To keep the nation “proud and prosperous and free”, as Trump described his America, the state will need to humiliate, impoverish, pursue, imprison and punish almost everyone.

      Judith Levine is a Brooklyn journalist and essayist and the author of five books. Her Substack is Poli Psy More

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      Trump names conservative podcaster Dan Bongino as FBI deputy director

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      Dan Bongino, a former US Secret Service agent who has written bestselling books, run unsuccessfully for office and gained fame as a conservative pundit with TV shows and a popular podcast, has been chosen to serve as the FBI’s deputy director.President Donald Trump announced the appointment on Sunday night in a post on his Truth Social platform, praising Bongino as “a man of incredible love and passion for our country”. He called the announcement “great news for law enforcement and American justice”.The selection places two staunch Trump allies atop the nation’s principal federal law enforcement agency at a time when Democrats are concerned that the president could seek to target his adversaries. Bongino would serve under Kash Patel, who was sworn in as FBI director at the White House on Friday and who has signalled his intent to reshape the bureau, including by relocating hundreds of employees from its Washington headquarters and placing greater emphasis on the FBI’s traditional crime-fighting duties.Patel has declined to explicitly say whether he would use his position to pursue Trump’s political opponents.The deputy director serves as the FBI’s second-in-command and is traditionally a career agent responsible for the bureau’s day-to-day law enforcement operations.Bongino, 49, served on the presidential details for then-presidents Barack Obama and George W Bush, before becoming a popular rightwing figure. He became one of the leading personalities in the Maga political movement to spread false information about the 2020 election.For a few years following Rush Limbaugh’s death in 2021, he was chosen for a radio show on the same time slot of the famous commentator.Bongino worked for the New York police department from 1997 through 1999, before joining the Secret Service. He began doing commentary on Fox News more than a decade ago, and had a Saturday night show with the network from 2021 to 2023. He is now a host of the Dan Bongino Show, one of the most popular podcasts, according to Spotify.Bongino ran for a US Senate seat in Maryland in 2012 and for congressional seats in 2014 and 2016 in Maryland and Florida, after moving in 2015. He lost all three races.During an interview last year, Bongino asked Trump to commit to forming a commission to reform the Secret Service, calling it a “failed” agency and criticizing it for the two assassination attempts last year.“That guy should have been nowhere near you,” Bongino said about the man who authorities say camped outside Trump’s golf course in West Palm Beach, Florida, before he was spotted with a rifle. More

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      US Senate narrowly confirms Kash Patel as next FBI director

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      The US Senate has confirmed Kash Patel as the next FBI director, handing oversight of the nation’s premier law enforcement agency to an official who has declined to explicitly say whether he would use his position to pursue Donald Trump’s political opponents.Patel was narrowly confirmed on Thursday in a 51-49 vote, a reflection of the polarizing nature of his nomination and what Democrats see as his unwillingness to keep the bureau independent from partisan politics or resist politically charged requests from the president.Notably, at his confirmation hearing, Patel refused to commit that he would not use his position to investigate officials he portrayed as Trump’s adversaries in his book, and affirmed that he believed the FBI was answerable to the justice department and, ultimately, the White House.Patel’s responses suggest that his arrival at FBI headquarters will usher in a new chapter for the bureau as a result of his adherence to Trump’s vision of a unitary executive, where the president directs every agency, and willingness to prioritize the administration’s policy agenda.That objective to implement the Trump administration’s mandate has already taken hold at the justice department, which oversees the bureau and last week forced through the dismissal of corruption charges against Eric Adams, the New York mayor, in order to get his help to deport undocumented immigrants.The greatest challenge for recent FBI directors has been the delicate balance of retaining Trump’s confidence while resisting pressure to make public pronouncements or open criminal investigations that are politically motivated or that personally benefit the president.Patel is unlikely to have difficulties, such is his ideological alignment with Trump on a range of issues including the need to pursue retribution against any perceived enemies like former special counsel Jack Smith and others who investigated him during his first term.The new leadership at the FBI also comes as questions about the far-reaching nature of his loyalty to Trump remain unresolved. At his confirmation hearing, Democrats on the Senate judiciary committee tried in vain to elicit answers about his role as a witness in the criminal investigation into Trump’s mishandling of classified documents.During the investigation, Patel was subpoenaed to testify about whether the documents the FBI seized at Mar-a-Lago had been declassified under a “standing declassification order”, as he had represented in various public comments at the time.The Guardian reported at the time that Patel initially declined to appear, citing his fifth amendment right against self-incrimination. He later testified after the chief US district judge in Washington authorized Patel to have limited immunity from prosecution, which forced his testimony.That loyalty, to resist federal prosecutors, endeared him to Trump and is understood to have played a factor in him ultimately getting tapped for the FBI director position after Trump struggled for weeks to decide who he wanted at the bureau, a person familiar with the matter said.Patel ultimately clarified, in something of a partial admission under close questioning from senator Cory Booker, that although he witnessed Trump issue a declassification order for some documents, he did not actually know whether they applied to the documents found at Mar-a-Lago.Democrats have unanimously considered Patel’s track record in the first Trump administration, his incendiary remarks criticizing the bureau he was nominated to lead and more generally his role in the classified documents case to be disqualifying.When Trump tapped Patel last year, Democrats largely believed it would lead to a backlash that would sink his nomination. No resistance ever materialized, in part because Patel was less controversial than some of Trump’s other nominees, such as Pete Hegseth for defense secretary.Patel was formerly a public defender in Florida before joining the justice department in 2014 as a line prosecutor in the national security division.In 2017, Patel became a top Republican aide on the House intelligence committee, where he authored a politically charged memo accusing the FBI and the justice department of abusing surveillance powers to spy on a Trump adviser. The memo was criticized as misleading, though an inspector general later found errors with aspects of the surveillance.His efforts impressed Trump, who brought him into the administration and quickly elevated him to national security and defense roles. By the end of Trump’s first term, he was the chief of staff to defense secretary Chris Miller and briefly considered for CIA director.While John Durham, the special counsel appointed by Trump, found a catalog of mistakes by prosecutors in the Russia investigation, he found no evidence that officials had been motivated by political animus and brought no charges – contrary to claims by Trump and Patel. More

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      Ex-FBI informant agrees to plead guilty to lying about Bidens’ Ukraine ties

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      A former FBI informant accused of falsely claiming that Joe Biden and the president’s son Hunter had accepted bribes has agreed to plead guilty to federal charges, according to court papers.As part of the plea deal with the justice department special counsel, David Weiss, Alexander Smirnov will admit he fabricated the story that became central to a Republican impeachment inquiry in Congress.The plea agreement comes just weeks after prosecutors filed new tax-evasion charges against Smirnov. The two sides will recommend a sentence of at least two years behind bars and no more than six years, according to the agreement.David Chesnoff and Richard Schonfeld, attorneys for Smirnov, said they will make their case for a fair sentence in court and declined to comment further.Smirnov was arrested in February on allegations that he falsely reported to the FBI in June 2020 that executives associated with the Ukrainian energy company Burisma paid Hunter Biden and Joe Biden $5m each in 2015 or 2016. Smirnov told his handler that an executive claimed to have hired Hunter Biden to “protect us, through his dad, from all kinds of problems”, according to court documents.Prosecutors said Smirnov had had contact with Burisma executives, but it had been routine and actually took place in 2017, after Barack Obama’s presidency and Biden, his vice-president, had left office – when Biden would have had no ability to influence US policy. Prosecutors said Smirnov made the bribery allegations after he “expressed bias” against Biden while the latter was a presidential candidate in 2020.Smirnov repeated some of the false claims when he was interviewed by FBI agents in September 2023, changed his story about others and “promoted a new false narrative after he said he met with Russian officials”, prosecutors said.Smirnov has agreed to plead guilty to charges of tax evasion and causing a false FBI record, according to court papers.Smirnov is being prosecuted by the same special counsel who brought federal gun and tax charges against Hunter Biden. Hunter Biden was supposed to have been sentenced this month on his convictions in those cases, until he was pardoned by his father. More

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      FBI director Christopher Wray will resign before Trump takes office

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      The director of the FBI, Christopher Wray, announced he was stepping down on Wednesday, after Donald Trump said he would fire him and install the firebrand loyalist Kash Patel in his place.Wray, who Trump himself appointed as director during his first presidency after firing Wray’s predecessor James Comey in 2017, announced his decision to staff at the bureau’s Washington headquarters.“I’ve decided the right thing for the bureau is for me to serve until the end of the current administration in January and then step down,” he said. “This is the best way to avoid dragging the bureau deeper into the fray, while reinforcing the values and principles that are so important to how we do our work.”In the emotional remarks, Wray added: “This is not easy for me. I love this place, I love our mission and I love our people.”The news was greeted with elation by Trump, who called it “a great day for America” and said Wray’s departure would end what he has characterised as the “weaponisation” of the US justice system.Trump used a post on his Truth Social network to celebrate Wray’s demise while elaborating on his grievances against a public official he had once extolled.“It will end the Weaponization of what has become known as the United States Department of Injustice,” Trump wrote.“I just don’t know what happened to him. We will now restore the Rule of Law for all Americans.”He added that, under Wray’s leadership, “the FBI illegally raided my home, without cause, and worked diligently on illegally impeaching and indicting me”.“They have used their vast powers to threaten and destroy many innocent Americans, some of which will never be able to recover from what has been done to them.”Wray’s decision means he will depart more than two and a half years before the end of the 10-year term that directors of the bureau are customarily appointed to.By leaving early, Wray may reduce the chances of his name being dragged into what are likely to be highly contentious Senate confirmation hearings surrounding the nomination of Patel. Patel has branded the FBI as part of a “deep state” and pledged to shut its Washington headquarters, dispersing its agents across the US.Attorney General Merrick Garland issued a statement, praising Wray’s service.“Under Director Wray’s principled leadership, the FBI has worked to fulfill the Justice Department’s mission to keep our country safe, protect civil rights, and uphold the rule of law,” Garland said. “He has led the FBI’s efforts to aggressively confront the broad range of threats facing our country – from nation-state adversaries and foreign and domestic terrorism to violent crime, cybercrime, and financial crime.”Garland also used the moment to restate what he sees as the FBI’s mission at a moment when there are widespread fears of how Patel and Trump may seek to use the bureau.“The Director of the FBI is responsible for protecting the independence of the FBI from inappropriate influence in its criminal investigations. That independence is central to preserving the rule of law and to protecting the freedoms we as Americans hold dear,” he said.Wray originally fell foul of Trump and his supporters after declining to investigate the then president’s baseless claims that the 2020 presidential election – won by Joe Biden – had been stolen and riddled with voter fraud.He further earned Trump’s ire after, as previously mentioned by Trump himself in an aforementioned post, FBI agents raided his home in Mar-a-Lago in 2022 to retrieve classified documents that he had retained from his time in the White House.Trump claimed that FBI agents had been “locked and loaded” and ready to kill him, even though the raid had been agreed upon with his lawyers in advance and there was time to ensure he would not be present.The president-elect made his displeasure with Wray plain in an interview with NBC last weekend.“He invaded Mar-a-Lago. I’m very unhappy with the things he has done,” Trump said.It was a far cry from his words of praise at the time of Wray’s appointment, calling him “a man of impeccable credentials”.Trump was also unhappy that the bureau would not confirm that he had been shot in the ear with a bullet after a failed assassination attempt in Butler, Pennsylvania, last July. Agents cited the need to examine fragments as part of its investigation before saying what had caused Trump’s wound.Wray’s tenure also coincided with FBI investigations into Biden after he, too, was alleged to have improperly kept classified documents at his home in Delaware, as well as into his son Hunter who was subsequently convicted of gun and tax evasion charges.Biden granted his son an unconditional pardon last weekend days before he was due to be sentenced. More

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      Kash Patel: how Trump’s FBI pick went from public defender to provocateur

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      View image in fullscreen@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Light.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Light.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-Light.ttf) format(“truetype”);font-weight:300;font-style:normal}@font-face{font-family:Guardian Headline Full;src:url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-LightItalic.woff2) format(“woff2”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-LightItalic.woff) format(“woff”),url(https://assets.guim.co.uk/static/frontend/fonts/guardian-headline/noalts-not-hinted/GHGuardianHeadline-LightItalic.ttf) 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      “A lot of people say he’s crazy,” Donald Trump is reported to have once said of Kash Patel. “I think he’s kind of crazy. But sometimes you need a little crazy.”If Trump gets his way, crazy will now be coming to the FBI, the 116-year-old national security and law enforcement agency charged with protecting the US from terrorism, cybercrime and other threats.Last weekend the president-elect said he would nominate Patel as FBI director, the latest in a series of incendiary names plucked from the rightwing media ecosystem. Joy Reid, a host on the liberal MSNBC network, told viewers that he “might be the worst pick in the worst cabinet in US history”.She was far from alone in raising concerns over Patel’s inexperience, extremism and subservience to Trump. The 44-year-old has called for “major, major reform” of the FBI that could include shutting down its headquarters, slashing its intelligence operations, and targeting officials and journalists who leak information. He has praised the QAnon conspiracy-theory movement, stating: “There’s a lot of good to a lot of it.” The Guardian has also learned of fresh questions over the conduct of Patel’s non-profit foundation.His appointment is not yet a done deal. Trump would have to oust the current FBI director, Christopher Wray, whom he appointed in 2017 and who was supposed to remain in the post until 2027. Patel still faces the Senate confirmation process, in which senators would get the chance to examine his origin story, unremarkable legal career and emergence as a bombastic Trump provocateur.Kashyap “Kash” Patel is the son of Indian immigrants. His parents, of Gujarati ancestry, moved to the US in the 1970s after his father, Pramod, fled the oppressive regime of Idi Amin in Uganda. Pramod became a financial officer for an aviation company.Patel was born and raised in Garden City, a well-to-do village on Long Island, New York, living in a home that included his father’s eight siblings. In his memoir, he writes of an extended family setting off for Disney World every year in a 15-car convoy and watching the New York Islanders play ice hockey. His official biography on the Pentagon website notes: “Kash is a life-long ice hockey player, coach, and fan.”Raised Hindu, he was one of the few students of colour at Garden City high school. His senior yearbook quotation, taken from the Jewish theologian Abraham Joshua Heschel, was: “Racism is man’s gravest threat – the maximum of hatred for a minimum reason.”Patel’s early exposure to the legal world came through caddying for affluent defence lawyers as they played golf at the local country club. He gained qualifications from the University of Richmond, in Virginia, and the University College London Faculty of Laws in Britain before graduating from Pace University Law School in New York in 2005.But Patel writes in his book: “Dreams of the sky-high salary at the prestige law firms never materialized,” because “nobody would hire me”. Eventually he took a job as a local public defender in Miami-Dade county, Florida, followed by work as a federal public defender in the southern district of Florida.But by then he had become more conservative, he writes, making his choice of career a “strange fit”. He describes his public defender colleagues as “the far left of the left wing”. He was also increasingly suspicious of prosecutors from the justice department, foreshadowing his fierce critique of the so-called deep state.As a lawyer, Patel had a reputation for being good but not great. The New York Times reported: “Mr Patel’s former colleagues remember him for offering himself as a prize in a charity auction of eligible bachelors, for wildly patterned socks and for having his suits custom-made on visits to India.”View image in fullscreenThe paper quoted Patel’s former supervisor Michael Caruso, who led the southern district of Florida office at the time, as saying: “My enduring image of him is with his shoes off and his feet up on the desk, reading the Wall Street Journal.”But in late 2013 Patel found work in Washington as a terrorism prosecutor in the justice department’s national security division. He has asserted that he was the “lead prosecutor” of the perpetrators of the 2012 attack on a diplomatic compound in Benghazi, Libya, that killed four Americans; in fact he was not part of the trial team but rather a junior justice department staff member.Patel first came to prominence in Trump’s orbit as an outspoken critic of the FBI’s investigation into potential ties between Russia and Trump’s 2016 presidential election campaign.As a staffer on the House of Representatives’ intelligence committee, chaired at the time by the Republican congressman Devin Nunes, Patel helped write a four-page report – dubbed the “Nunes memo” – that detailed what it said were errors the justice department had made in obtaining a warrant to surveil a former Trump campaign adviser.He made a positive impression on some in the administration. Sean Spicer, Trump’s first White House press secretary, said: “These questions about his qualifications are a dog whistle. The guy has served in several senior positions in the intelligence world.“He’s tenacious, he’s hard working, he wants to get to the bottom of a lot of stuff. There’s no question he wants to shake things up. Washington needs to be shaken up and the leadership of the FBI has lost the trust of the American people and it needs to be restored.”Spicer added: “He’s funny, he’s intelligent. I’ve enjoyed hanging out with him. He’s a loyal friend, too: he’s someone who sticks by his friends. I understand why the left is worried about him but he’s someone who can get things done.”In 2019, Patel served on the White House national security council before becoming chief of staff to the then acting defence secretary, Christopher Miller. He denied allegations that he ran a clandestine backchannel to Trump regarding Ukraine.The former attorney general William Barr wrote in his memoir that, when Trump tried to appoint Patel as deputy director of the FBI, Barr told another official that it would only happen “over my dead body”. Gina Haspel, then the director of the CIA, also threatened to resign over the prospect of Patel becoming her deputy there.Patel also played a role in several legal investigations into Trump. In 2022 he appeared before the Washington grand jury investigating Trump’s hoarding of classified documents at his Mar-a-Lago club in Florida after receiving immunity for his testimony. He was part of a small group of supporters during Trump’s recent criminal trial in New York who accompanied him to the courthouse, telling reporters that Trump was the victim of an “unconstitutional circus”.Since Trump left office, Patel has expressed his loyalty through commercial ventures. Records show that he earned hundreds of thousands of dollars a year from consulting for Trump-related entities, including a political action committee and the company that owns Truth Social.He wrote a book called Government Gangsters, part memoir and part screed against the deep state, and children’s books that lionise Trump. The Plot Against the King features a thinly veiled Hillary Clinton as the villain going after “King Donald” while Patel plays a wizard who thwarts her plans.He has also promoted various products marketed to Trump supporters including a dietary supplement that claims to be a Covid-19 vaccine “detoxification system”. He helped produce And Justice for All, a rendition of The Star-Spangled Banner sung by a group of men incarcerated for their role in the Capitol riot.In addition, Patel launched the Kash Foundation, a non-profit organisation that funds defamation lawsuits, offers help to people including families of the January 6 rioters, and peddles merchandise such as branded socks and other clothing with the “K$H” logo.View image in fullscreenThe foundation has drawn scrutiny over its financial practices, the Guardian can disclose. Its tax filings in both 2022 and 2023 reported that it did not compensate its board members, according to the watchdog group Accountable.US. But an updated version of the filings reveal that the organisation paid more than $275,000 to a company owned by its vice-president, Andrew Ollis.A further disclosure, detailing the contractual agreement between the Kash Foundation and Ollis’s company, indicates that Ollis would receive a minimum of tens of thousands of dollars every year. The Kash Foundation did not respond to a request for comment on the discrepancy.Tony Carrk, executive director of Accountable.US, said: “Not known for his subtlety, Kash Patel has sought to make money off the Trump brand in several ways including selling a children’s book on election denialism. This enrichment also appears to extend to his friends and partners. Sadly, this appears to be the same old Trump economic model that only looks out for the lucky few at everyone else’s expense.”Meanwhile Patel has become a regular guest on rightwing podcasts and livestreamed shows hosted by Steve Bannon, Tim Pool, Benny Johnson and Stew Peters, a conspiracy theorist identified by Right Wing Watch for promoting anti-LGBTQ+ bigotry, white nationalism and virulent antisemitism.On Bannon’s War Room podcast last year, Patel vowed: “We’re going to come after the people in the media who lied about American citizens, who helped Joe Biden rig presidential elections.”And in an interview on the Shawn Ryan Show in September, Patel declared: “I’d shut down the FBI Hoover Building on day one and reopen it the next day as a museum of the ‘deep state’. Then, I’d take the 7,000 employees that work in that building and send them across America to chase down criminals. Go be cops. You’re cops – go be cops.”This resolve to upend the FBI and radically reshape its mission is already causing alarm among the bureau’s agents. Frank Figliuzzi, a former assistant director of the FBI who served there for 25 years, said: “I am getting calls from people primarily at headquarters who are saying as soon as Trump won the election, they realised they were in for a destructive period for the institution regardless of who got nominated.“Many people are probably saying, ‘Hey, here’s my résumé, can you help spread the word? I’m looking for a job.’ Now, since Patel has been nominated, more of those calls are coming. There are people who are out there trying to look for other work.”Figliuzzi predicted that, if field agents feel there is political interference in their work, for example in which cases to pursue and which to drop, there will be “tremendous pushback”. He added: “In this age where nominees are remarkably unqualified, that’s not what worries me most. What worries me most is his blind allegiance to Trump and willingness to do anything for him.”Trump, who will be sworn in next month, has teed up a cabinet of disrupters and extremists tainted by scandal. Matt Gaetz, his first choice for attorney general, was forced to withdraw amid allegations of sexual misconduct and replaced by Pam Bondi, an election denier. Pete Hegseth, nominated for defence secretary, is facing a barrage of accusations about womanising, infidelity and heavy drinking.Charlie Sykes, a conservative author and broadcaster, said: “In many ways Kash Patel is the most nakedly aggressive appointment because Kash Patel has made it very clear that he has no respect for the institution, that he would use it as an institution of retribution, that he has no other agenda other than personal loyalty to Donald Trump. Trump has appointed as the head of the FBI someone whose agenda is to destroy the FBI.”He added: “There’s a big question mark over whether he is confirmable but it makes it very clear what Trump’s agenda is going to be. He may not get Matt Gaetz, he may not get Kash Patel, he may not get Peter Hegseth, but we have a very clear idea of the direction that he is going. He wants absolute loyalists to himself who are committed to running roughshod over the institutions that they’re being appointed to.”The Associated Press contributed reporting More

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      Trump team agrees to DoJ background checks for nominees

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      Donald Trump’s transition team on Tuesday signed an agreement to allow the US justice department to conduct background checks on his nominees and appointees, after a weeks-long delay.The step lets transition aides and future administration staffers of the Republican president-elect obtain security clearances before he is inaugurated on 20 January to access classified information about government programs, an essential step for a smooth transition of power. It also allows those nominees who are up for confirmation by the US Senate to face the background checks lawmakers want before voting on them.Teams of investigators have been standing by to process clearances for Trump aides and advisers.“This agreement with the Department of Justice will ensure President Trump and his team are ready on day one to begin enacting the America-first agenda that an overwhelming majority of our nation supported on election day,” said Susie Wiles, Trump’s designate to be White House chief of staff.The announcement comes a week after the Trump transition team signed an agreement with the Biden White House to allow transition staff to coordinate with the existing federal workforce before taking office.The White House agreement was supposed to have been signed by 1 October, according to the Presidential Transition Act, and the Biden White House had issued both public and private appeals for Trump’s team to sign on.Security clearances are required to access classified information, including on ongoing operations and threats to the nation, and the Biden White House and outside experts have emphasized to Trump’s team the importance of having cleared personnel before inauguration day so they can be fully briefed and ready to run the government.Republican senators have also insisted on FBI background checks for Trump’s nominees before they face confirmation votes, as has been standard practice for decades. Lawmakers have been particularly interested in seeing the findings of reviews into Trump’s designated nominee for defense secretary, former Fox News host Pete Hegseth, and former representative Tulsi Gabbard to be director of national intelligence.“That’s why it’s so important that we have an FBI background check, a committee review of extensive questions and questionnaires, and a public hearing,” said Senator Susan Collins, a Maine Republican, on Monday.John Thune, the incoming Senate Republican leader, said the Trump team “understands there’s going to have to be a thorough vetting of all these nominees”. More

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      Conspiracy theorist Kash Patel, Trump’s pick to lead FBI, faces Senate blowback

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      Donald Trump’s plan to nominate as FBI director the “deep state” conspiracy theorist Kash Patel, a virulent critic of the bureau who has threatened to fire its top echelons and shut down the agency’s headquarters, is facing blowback in Congress as US senators begin to flex their muscles ahead of a contentious confirmation process.Politicians from both main parties took to the Sunday talk shows to express starkly divergent views on Patel, whom Trump announced on Saturday as his pick to lead the most powerful law enforcement agency in the US. The move is dependent on the incumbent FBI chief, Christopher Wray, who Trump himself placed in the job in 2017, either being fired or resigning.It is already clear that confirming Patel through the US Senate is likely to be less than plain sailing. Mike Rounds, a Republican senator from South Dakota, indicated that Patel could face a tough confirmation battle.Rounds pointedly sang the praises of the existing FBI director in an interview with ABC’s This Week. He said that Wray, who still has three more years of his 10-year term to serve, was a “very good man”, adding that he had “no objections about the way that he is doing his job right now”.The senator also emphasised the separation of powers between president and Senate, signaling possible trouble for Patel. Rounds said he gave presidents “the benefit of the doubt”, but also emphasised that “we have a constitutional role to play … that’s the process”.Other Republican senators rallied to Patel’s side. Ted Cruz, the senator from Texas, told CBS’s Face the Nation that he believed Patel would be confirmed.“Patel is a very strong nominee to take on the partisan corruption of the FBI.”Bill Hagerty, a Republican senator from Tennessee, said on NBC’s Meet the Press that he would vote to confirm Patel. “Kash is the best at uncovering what’s happened to the FBI and I look forward to seeing him taking it apart,” he said.Patel is a Trump loyalist who has published children’s books featuring “King Donald”. He has long denigrated the FBI as a pillar of what he calls the “deep state” or the “corrupt ruling class”.In an interview with Shawn Ryan in September, Patel vowed to “shut down” the FBI’s headquarters in Washington DC and reopen the building the following day as a “museum of the deep state”.He has also threatened to use the power of federal law enforcement to go after those he claims are responsible for corrupting the federal government, a list of whom he published in his memoir. Jake Sullivan, Joe Biden’s current national security adviser, was among that list: Patel called him “one of the corrupt actors of the first order”.Sullivan was asked by ABC’s This Week whether he was worried personally about Patel’s potential leadership of the FBI, given the threats against him. He declined to comment, saying he was wholly focused on keeping the country safe in the remaining 50 days of his term in office.But he did highlight that Biden had kept Wray on as FBI chief, despite having inherited the official from Trump. Sullivan said that Wray served “with distinction, entirely insulated from politics or the partisan preferences of the current sitting president. This is a good, deep bipartisan tradition that President Biden has adhered to.”Jamie Raskin, a House Democrat from Maryland, challenged the claim by Trump and Patel that the FBI had been politically weaponised under Biden to go after Republicans. He pointed out on CNN’s State of the Union that over the past four years the FBI had prosecuted the disgraced Democratic senator from New Jersey, Bob Menendez, and the Texas Democrat Henry Cuellar.“I think that’s what they mean when they talk about politicization in the deep state – anybody who doesn’t do the will of Donald Trump,” Raskin said.According to an Axios report on Sunday, Trump had initially planned to appoint Patel as deputy FBI director but changed his mind after his pick to head the agency, the state attorney general of Missouri, Andrew Bailey, failed to impress him. Raising Patel to the number one position makes the move far more politically loaded.Despite the storm he is generating, Trump shows no sign of moderating his leadership choices for his upcoming administration. Over the weekend he tapped Charles Kushner, father of his son-in-law Jared Kushner and a convicted felon whom Trump pardoned in 2020, as US ambassador to France.On Sunday, Trump announced on Truth Social that he had chosen his daughter Tiffany’s father-in-law, Massad Boulos, to be senior adviser on Arab and Middle Eastern affairs. Boulos, a Lebanese billionaire, was active in Trump’s presidential campaign as a liaison with Arab American and Muslim leaders.Trump has also picked a county sheriff, Chad Chronister, from Florida to head the Drug Enforcement Administration (DEA). The agency will have a key role in attempting to fulfill Trump’s pledge to staunch the cross-border flow of fentanyl and other drugs into the US, which is already causing diplomatic tensions with Canada and Mexico.Chronister’s father-in-law, Edward DeBartolo, was pardoned by Trump three years ago on a 1998 conviction for involvement in a gambling fraud case. DeBartolo, the former owner of the San Francisco 49ers American football team, was fined $1m and suspended by the NFL for a year. More