Donald Trump’s FBI pick doesn’t support blanket pardons for January 6 rioters

Kash Patel said he did not support blanket pardons for rioters who had engaged in violence against police — putting distance between himself from the President.

Robert F. Kennedy Jr, President Trump’s nominee for Secretary of Health and Human Services, at his confirmation hearing. Picture: AFP

Kash Patel, Donald Trump’s nominee for FBI director, told the Senate Judiciary Committee at his confirmation hearing that he did not support blanket pardons for January 6 rioters who had engaged in violence against police officers – putting distance between himself from the President.

“As for January 6, I have repeatedly, often publicly and privately, said there can never be a tolerance for violence against law enforcement. And anyone – anyone – that commits an act of violence against law enforcement must be investigated, prosecuted and imprisoned,” he said.

Responding to a question from the top Democrat on the committee, Dick Durbin, about whether the President was wrong to have issued a blanket pardon for January 6 rioters, Mr Patel said the power of the presidential pardon was “just that – the President.”

“I have always rejected any violence against law enforcement,” he said.

Mr Patel said this included those involved in the January 6 march on the Capitol Building. “And I do not agree with the commutation of any sentence of any individual who committed violence against law enforcement,” he said.

“I have always advocated for imprisoning those that cause harm to our law enforcement and civilian communities.”

Tulsi Gabbard, the nominee for director of national intelligence, testifies during her confirmation hearing. Picture: AFP

The chair of the committee, the Republican Senator for Iowa Chuck Grassley, said only 41 per cent of the American people thought the FBI was doing a good job – its lowest rating in a century – but said it was an indispensable institution for law and order.

Mr Patel – a former federal prosecutor at the US Department of Justice who also served as a chief-of-staff to the Acting Secretary of Defence Christopher Miller – said he believed in due process as well as justice, fairness and the rule of law.

He denied that he supported conspiracy theories propagated by QAnon and, in his 16 years of government service, was most proud of his work in national security.

Former Democrat Tulsi Gabbard also appeared before the Senate Intelligence Committee for her confirmation hearing as Mr Trump’s nominee for director of national intelligence. But she attracted scepticism for her refusal to call Edward Snowden – who leaked classified documents from the NSA in 2013 – a traitor.

Ranking Democrat on the committee, Mark Warner, who made clear that he did not have confidence in Ms Gabbard’s judgment, asked whether she still agreed with her past statement that Mr Snowden was a “brave” whistleblower.

“Edward Snowden broke the law,” she said. “I do not agree with or support with all of the information and intelligence that he released nor the way in which he did it.”

However, she also said that – even as he broke the law – Mr Snowden released information that “exposed egregious, illegal and unconstitutional programs that were happening within our government that led to serious reforms.”

Ms Gabbard’s meetings in 2017 with former Syrian dictator Bashar al-Assad, campaign for a pardon for Mr Snowden – who fled to Russia and was granted citizenship in 2022 – and opposition to parts of the Foreign Intelligence Surveillance Act (FISA) were all seen to have put her confirmation in doubt.

Senator Warner used the hearing to say that Ms Gabbard had repeatedly “excused our adversaries’ worst actions and instead blamed the United States and our allies for them.” He questioned how America could “maintain the trust of our five eyes partners” if Ms Gabbard was confirmed as director of national intelligence.

She was also quizzed on whether she had changed her position after previously seeking to remove section 702 from the FISA which allows for the targeted collection of information from non-US citizens located outside America.

While Ms Gabbard made clear that FISA reforms had since alleviated her concerns, Senator Warner remained sceptical. “I just don’t believe on your judgment and credibility issues that this is the appropriate that you should take going forward,” he said.

Kash Patel, President Trump’s pick to head the FBI, is sworn in during his confirmation hearing. Picture: AFP

Asked by Republican Senator Susan Collins whether she would support a pardon for Mr Snowden, Ms Gabbard clarified that she would not. But she faced tough questions from other Republicans.

“I want to make certain that in no way does Russia get a pass in either your mind or your heart, or in any policy recommendation you would make or not make,” said Republican Senator Jerry Moran.

Ms Gabbard said she was “offended by the question” because her commitment was to upholding the interests of the American people and that no country or group of people “would get a pass.”

Republican Senator Todd Young also asked about Edward Snowden, pressing Ms Gabbard on whether she believed him to be a traitor to the US.

“Edward Snowden broke the law and he released this information in a way that he should not have,” she replied.

Senator Young said Mr. Snowden was watching the proceedings and had posted on social media conveying his view – one shared by Senator Young – that Ms Gabbard should concede that he had, in fact, harmed the national security of America.

“I think it would befit you and be helpful to the way you are perceived by members of the intelligence community – if you would at least acknowledge that the ‘greatest whistleblower in American history,’ so-called, harmed national security by breaking the laws of the land.”