His embrace of this wild conspiracy theory should disqualify him from leading the bureau.
Thomas Joscelyn and Norman Eisen at The Bulwark:
Kash Patel, President-elect Donald Trump’s nominee to serve as FBI director, asked that question during a November 25, 2022 episode of his Kash’s Corner podcast for the Epoch Times. It was no slip of the tongue. As the title of that episode suggested—“What Did the FBI Know Before Jan. 6?”—Patel spent considerable time trying to cast the FBI as a villain responsible for January 6th. Patel noted that FBI Director Christopher Wray had “testified that the FBI never instigated or helped the January 6th protesters commit crimes.” But citing a report that the FBI had confidential human sources in the crowd, Patel asserted: “Okay, well, that was in planning for at least a year.” Our review of Patel’s public appearances over the past four years reveals that he has repeatedly insinuated or argued that the FBI used its confidential human sources or employees to instigate the January 6th attack on the U.S. Capitol and entrap Trump’s supporters. Patel has claimed (as in the podcast episode above) that what he calls the “FBI’s Confidential Human Source Corruption Coverup Network” was somehow involved with January 6th. That is not only an insult to the memory of that day; it should be disqualifying for him to helm the bureau.
During the September 30, 2022 episode of Kash’s Corner, for instance, Patel said: “The question that has to be answered is, when did the FBI put those guys in, and where? And did those confidential human sources engage people who are not going to conduct criminal activity and convince them to do so?” Patel claimed that “is the definition of entrapment, which is illegal, and you can’t charge someone who’s been entrapped.” And he wondered who “was running this confidential human source network” and reporting it to FBI Director Chris Wray.
Patel added he would “venture a guess” that “once we see the documentation from January 6th, you will see the FBI’s confidential human source corruption coverup network on blast.” And he accused the FBI of inserting these human sources “into these matters.” Patel asked rhetorically: “Why? Why would you say January 6th? Because they wanted a political target, a political prosecution, not one based on law and fact.” The man who could lead Trump’s FBI has failed to substantiate these wild accusations, which are contradicted by other evidence and by common sense. Regardless, he has frequently advanced this conspiracy theory, using his background as a former federal prosecutor and public defender—key credentials used to buttress his nomination—to provide it with a veneer of credibility. Below, we provide additional examples showing how Patel has elaborated on this conspiracy theory in his public appearances and his book. But first, we explain how Patel’s conspiracy mongering was recently debunked by the Department of Justice’s own inspector general.
A debunked conspiracy theory
Patel is not alone in claiming that the FBI had a hidden hand in the events of January 6th. That conspiracy theory is popular on the right. In December 2024, the Department of Justice’s Office of the Inspector General (OIG) released a report debunking the conspiratorial claim that the FBI corruptly used its confidential human source network to instigate January 6th. The OIG reports that it “found no evidence . . . that the FBI had undercover employees in the various protest crowds, or at the Capitol, on January 6.” The OIG did find that the FBI tasked three confidential human sources (CHS) with traveling to D.C. “for the events of January 6 to report on domestic terrorism subjects who were possibly attending the event.” And twenty-three other FBI CHSs were in D.C. for January 6th. However, the OIG emphasizes that “none” of these twenty-six CHSs was “authorized to enter the Capitol or a restricted area, or to otherwise break the law on January 6, nor was any CHS directed by the FBI to encourage others to commit illegal acts on January 6.” Simply put, the FBI relied on CHSs to provide information about domestic extremist groups such as the Proud Boys and the Oath Keepers. The leaders of both groups have been convicted of seditious conspiracy for their actions surrounding and on January 6th. These rightwing extremists—especially the Proud Boys—were proven in a court of law to have led the attack on the U.S. Capitol.
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Patel falsely asserted that Ray Epps was “allowed to encourage and incite” the Jan. 6th riot as a “government employee”
As part of the conspiracy theory blaming the FBI for January 6th, the MAGA right has fixated on Ray Epps—baselessly asserting that he worked for the FBI and somehow instigated the attack on the Capitol. As discussed above, Patel and Pool wove Epps into their retelling of the conspiracy theory. Patel has pushed his baseless claims much further in other appearances, falsely stating that Epps was “allowed to encourage and incite a riot around some of the events of January 6th as a government employee”; was on the U.S. Capitol grounds “on behalf of the FBI”; was on the “FBI payroll”; and was part of the FBI’s “corruption coverup network,” involving “the illegal use of confidential human sources.” Patel’s allegations, documented more fully below, are not based in fact. During a January 2022 interview with the House January 6th Committee, Epps himself denied working for the U.S. government in any capacity, saying that “the only time I’ve been involved with the government was when I was a Marine in the United States Marine Corps.” In September 2023, Epps pleaded guilty to disorderly conduct on restricted grounds and was subsequently sentenced to one year of probation. During his plea hearing, a government prosecutor confirmed on the record that Epps “was not before, during, or after” January 6th “a confidential source or undercover agent working on behalf of the government, the FBI, or any law enforcement agency.” Outgoing FBI Director Christopher Wray has directly rebutted the conspiracy theory centered on Epps in congressional testimony as well. Nevertheless, Patel has alleged on multiple occasions—without citing adequate supporting evidence or documentation—that Epps was working for the FBI. And again, Patel used his credentials as a former federal prosecutor to lend the conspiracy theory the appearance of legitimacy. “Look, as a former federal prosecutor who ran sources and informants, if the answer is, ‘This guy is not on our payroll and we don’t know him, and he did absolutely nothing for the United States government,’ you come out hard and fast in your press op and say those things,” Patel said during the January 6, 2023 episode of his Kash’s Corner podcast. “But those things have never been said by this DOJ or FBI about Ray Epps.”
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Conclusion
PATEL PUSHING CONSPIRACY THEORIES about what happened on January 6th should disqualify him from leading the FBI. These allegations deface the truth: the responsibility of Donald Trump, his supporters, and his enablers for what happened that day. That dishonors the memory of the members of law enforcement who were injured or died as a result of what really happened that day and in its long runup. But groundlessly focusing blame on the very agency Patel is supposed to lead is more shocking still. It undermines his ability to win the trust of those who make up the FBI. Given the bureau’s central role in protecting us all, the risk of dysfunction is unacceptable. And what other conspiracy theories will he subscribe to, and who will be targeted as a result? Because of the power of the FBI, that question should concern us all. Patel should be thoroughly examined on all of this at his confirmation hearing. It should be disqualifying.
Potential Donald Trump FBI nominee Kash Patel traffics in the dangerous myth that the FBI “planned” the January 6th Insurrection and the lie that Ray Epps “incited” the insurrection.
Patel is wrong: Trump was the chief instigator, and the OIG debunked Patel’s BS lie. On top of that, this fascist bozo should NOT be leading the agency.
