Kash Patel — Trump’s pick to head the FBI — is not the sort of person who should be allowed to head the FBI. While he does have some experience as a federal prosecutor, he’s mostly known for helping Republicans thwart the Russian election interference probe that began during Trump’s first term and for filling spots Trump needed to have filled after firing national security officials he felt just weren’t loyal enough.
Patel is definitely Trump’s kind of guy. In addition to the toadying, there are the statements he’s made about prosecuting journalists for not being more loyal to Trump:
Since Donald Trump announced Kash Patel as his pick for FBI director, a 2023 podcast interview he did with fellow Trump loyalist Steve Bannon has circulated far and wide.
In the recording last year, Patel asserted how he would handle reporters if he were put in power.
“We’re going to come after the people in the media who lied about American citizens, who helped Joe Biden rig presidential elections,” Patel said then. “Whether it’s criminally or civilly, we’ll figure that out.”
That’s something Trump has expressed an interest in doing himself, suggesting the FBI should take the lead on going after his “enemies” in the media.
And, much like Donald Trump himself, Kash Patel apparently believes threatening people with bogus libel lawsuits is the best way to handle public criticism. Earlier this month, Patel’s lawyers sent a legal threat [PDF] to former DHS official/current media commentator Olivia Troye, demanding she “retract” the things she said on MSNBC about Patel’s inability to be a good FBI director.
Here’s what Patel’s getting all bitchy about, according to his lawyers:
On December 2, 2024, you appeared as a live guest on MSNBC and made several false and defamatory statements about Mr. Patel. These comments include that Mr. Patel would “lie about intelligence” and would “lie about making things up on operations” to the point where Mr. Patel “put the lives of Navy Seals at risk when it came to Nigeria” and that Mr. Patel was even misinforming Vice President Mike Pence.
That doesn’t look like “several” and there’s reason to believe Patel “would lie” about things like these. Some of the things Patel claims are maliciously false have already been confirmed by other sources, including the lying about military operations that apparently put “Navy Seals at risk” in Nigeria.
Not that the facts matter here. This is just bullying in hopes of silencing someone who has legitimate reasons for suggesting Kash Patel not be allowed to head up the FBI. And the letter makes ridiculous demands about retaining all data, communications, and social media posts as though Olivia Troye has actually been served with a lawsuit, rather than just a bunch of blustery words meant to make her think she’s obligated to do this starting immediately. In fact, the stupid threat letter goes even further, claiming this “obligation” is “ongoing,” as though it’s a constant that has only been briefly interrupted by this rude reminder.
Fortunately, Olivia Troye is represented by Mark Zaid, who has sent perhaps the only response [PDF] a stupid threat letter like this deserves:
Thank you for your letter dated December 4, 2024, regarding the threat of your client Kashyap Patel, President Trump’s stated nominee to serve as the Director of the Federal Bureau of Investigation, to file a civil lawsuit if my client Olivia Troye did not “publicly retract defamatory statements”. I respectfully note that many — if not all — of her statements have been previously or similarly stated by a wide swarth of the knowledgeable population.
Be that as it may, you asked that Ms. Troye “confirm [her] intent to retract the statements within 5 business days of receipt” of your letter, and I respectfully comply.
As you know, I am personally well aware of the impulsive nature fueled by your client’s appetite to sue individuals, as well as your firm’s proclivity to support such lawsuits.
I am reminded of the Italian proverb that a “lawsuit is a fruit-tree planted in a lawyer’s garden” and I can only imagine the number of apples and oranges growing in your backyard. Whether they thrive or not, of course, is the question. Indeed, as you know, I have motions pending in two federal district courts seeking sanctions against your firm and your clients.
But to answer your specific question as to Ms. Troye’s intentions as to a retraction, I think Monty Python expresses it best:
Ah, yes. A vicious taunting in a horrendous French accent, one punctuated with a reminder that going back to this proverbial well will only result in additional taunting. I’m sure the hopeful litigant and his brusque band of lawyers will fail to appreciate the humor, seeing as they’re the targets of it. But it will hopefully make them reconsider their strong-arm tactics, seeing as they no longer have the upper hand, much less, it would appear, the strongest arms.
