Kash Patel, Donald Trump’s nominee to lead the FBI, declined to tell senators what he testified about when he appeared before a grand jury investigating Trump’s handling of classified records after his first term ended.
Patel, in late 2022, initially pleaded the fifth when called to appear but was later compelled to testify after the Justice Department granted him testimonial immunity.
“I did not commit a crime,” Patel said under questioning from Sen. Cory Booker (D-N.J.) during his confirmation hearing. “I utilized my constitutional rights during that process with the advice and consent of counsel.”
Patel’s lawyer at the time, Stanley Woodward, was among the attorneys Trump tapped to join the White House as a senior adviser.
But Patel repeatedly declined to say what he testified about and incorrectly claimed that he could not divulge it because of grand jury secrecy. Booker noted that grand jury secrecy laws do not apply to witnesses, but Patel continued to refuse to answer the question. Instead, he directed Booker to review a transcript of his testimony — which he incorrectly said was available to Congress.
In fact, grand jury materials are typically off limits to Congress, and Trump has fought efforts for Congress to review former special counsel Jack Smith’s final report on the classified documents matter.
