WASHINGTON (AP) — Hours after the assassination of conservative activist Charlie Kirk, FBI Director Kash Patel declared online that “the subject” in the killing was in custody. The shooter was not. The two men who had been detained were quickly released. Utah officials acknowledged that the gunman remained at large.
The false assurance was more than a slip. It spotlighted the high-stakes uncertainty surrounding Patel’s leadership of the bureau when its credibility is under extraordinary pressure, as is his own.
Patel now approaches congressional oversight hearings this coming week facing not just questions about that investigation but broader doubts about whether he can stabilize a federal law enforcement agency fragmented by political fights and internal upheaval.
Democrats are poised to press Patel on a purge of senior executives that has prompted a lawsuit, his pursuit of President Donald Trump’s grievances long after the Russia investigation ended, and a realignment of resources that has prioritized the fight against illegal immigration and street crime.
The hearings will offer Patel his most consequential stage yet, and perhaps the clearest test of whether he can convince the country that the FBI, under his watch, can avoid compounding its mistakes in a time of political violence and deepening distrust.
“Because of the skepticism that some members of the Senate have had and still have, it’s extremely important that he perform very well at these oversight hearings” on Tuesday and Wednesday, said Gregory Brower, the FBI’s former top congressional affairs official.
The FBI declined to comment about Patel’s coming testimony.
He claimed the subject was ‘in custody’
Kirk’s killing was always going to be a closely scrutinized investigation, not only because it was the latest burst of political violence inside the United States but also because of Kirk’s friendships with President Donald Trump, Patel and other administration figures and allies.
While agents investigated, Patel posted on X that “the subject for the horrific shooting today that took the life of Charlie Kirk is now in custody.” Utah Gov. Spencer Cox said at a near-contemporaneous news conference that “Whoever we did this, we will find you,” suggesting authorities were still searching. Patel soon after posted that the person in custody had been released.
As the search stretched on for over a day, Patel vented on a call with FBI personnel Thursday about what he perceived as a failure to keep him informed, including that he was not quickly shown a photograph of the suspected shooter. That’s according to people familiar with the matter who were not authorized to discuss it by name and spoke on condition of anonymity to The Associated Press. The New York Times earlier reported details of the call.
Asked about the scrutiny of Patel’s performance, the FBI said it had worked with local law enforcement to bring the suspect, Tyler Robinson, to justice and “will continue to be transparent.”
Patel’s overall response did not go unnoticed in conservative circles. One prominent strategist, Christopher Rufo, posted that it was “time for Republicans to assess whether Kash Patel is the right man to run the FBI.”
Then there’s the personnel purge
On the same day Kirk was killed, Patel also faced a lawsuit from three FBI senior executives fired in an August purge that they characterized as a Trump administration retribution campaign.
Among those fired was Brian Driscoll, who as acting FBI director in the early days of the Trump administration resisted Justice Department demands for names of agents who investigated the Jan. 6, 2021, riot at the Capitol. Driscoll alleged in the lawsuit that he was let go after clashing with Patel over administration demands to fire an FBI pilot who’d been wrongly identified on social media as the case agent in the classified documents investigation of Trump.
The upheaval continues a trend that began before Patel took over, when more than a half-dozen senior executives were forced out under a Justice Department rationale that they could not be “trusted” to implement Trump’s agenda.
There’s since been significant turnover in leadership at the FBI’s 55 field offices. Some left because of promotions or retirements, but others because of ultimatums to accept new assignments or resign. The head of the Salt Lake City office, an experienced counterterrorism investigator, was pushed out of her position weeks before Kirk was killed at a Utah college, said people familiar with the move.
FBI’s priorities shift under Patel
Patel arrived at the FBI having been a sharp critic of its leadership, including for inquiries into Trump that he says politicized the institution. Under Patel and Attorney General Pam Bondi, the FBI and Justice Department have become entangled in their own politically fraught investigations, such as the one into New York Attorney General Letitia James.
He’s moved quickly to remake the bureau, with the FBI and Justice Department working to investigate one of the Republican president’s chief grievances — the years-old Trump-Russia investigation. Trump calls that probe, which did not establish a criminal conspiracy between Russia and Trump’s campaign, a “hoax.”
The Justice Department appeared to confirm in an unusual statement that it was investigating former FBI Director James Comey and former CIA Director John Brennan, pivotal players in the Russia saga but did not say for what. Bondi has directed that evidence be presented to a grand jury.
Critics of the fresh Russia inquiry consider it a transparent attempt to turn the page from the fierce backlash the FBI and Justice Department endured fromTrump’s base following their July announcement that they would not be releasing any additional documents from the Jeffrey Epstein sex trafficking investigation.
Patel has meanwhile elevated the fight against street crime, drug trafficking and illegal immigration to the top of the FBI’s agenda, in alignment with Trump’s agenda.
The bureau makes no apologies for aggressive policing in American cities the Trump administration contends have been consumed by crime. Patel says the thousands of resulting arrests, many immigration-related, are “what happens when you let good cops be good cops.”
But some are concerned the street crime focus could draw attention from the sophisticated public corruption and national security threats for which the bureau has long been primarily, if not solely, responsible for investigating.
