Jeffries warns Democrats might not support FISA reauthorization if Patel remains atop FBI

House Minority Leader Hakeem Jeffries (D-N.Y.) is warning that House Democrats might not back an extension of the government’s warrantless spy powers as long as FBI Director Kash Patel remains atop the agency.

Jeffries has long portrayed Patel as a partisan conspiracy theorist who’s unfit to be the nation’s top cop. On Thursday, he escalated those criticisms by suggesting Democrats might be ready to leverage their support for an extension of Section 702 of the Foreign Intelligence Surveillance Act (FISA) to secure Patel’s removal. 

“We’re going to continue to make clear that Kash Patel’s continued presence as the FBI director is going to make bipartisan common ground on the FISA 702 question extremely difficult,” Jeffries told reporters in the Capitol. 

The remarks create what is potentially another barrier in the effort to extend FISA’s spying powers, which expire on April 30. Already, many Democrats — joined by some Republicans — are vowing to oppose the legislation unless it’s amended to include stronger privacy protections for U.S. citizens.

Jeffries said he spoke with Speaker Mike Johnson (R-La.) on Wednesday morning about “the need to find common ground there if we’re going to proceed.” 

“But I made clear, as we’ve made clear publicly, there’s a trust situation that we confront on FISA 702,” he added. “We recognize that in the abstract, it’s an important tool to help keep the American people safe from foreign terrorist actors. At the same period of time, there is zero reason for us to trust Kash Patel.” 

“Why is he still around as the FBI director? He is clearly and deeply flawed and unqualified. And many Republicans know it.”

Section 702 allows the government to spy on foreigners located abroad, but some privacy hawks want to add a requirement that intelligence officers secure a warrant before they can review information swept up on Americans.

But Patel’s leadership at FBI adds yet another sticking point to negotiations, which pushed GOP leaders to punt on Section 702 last week by passing a 10-day extension of the power.

Some Democrats, including those who previously voted to reauthorize FISA, have expressed resistance to renewing the program under the Trump administration out of fear it may be abused.

But that scrutiny has gained traction following an explosive report from The Atlantic, which detailed that Patel was difficult to reach at times and that his alcohol consumption was a “recurring source of concern across the government.” The article also claimed that Patel at one point was unable to log in to his government computer, sparking a panic from the director he was about to be fired.

Patel has denied the claims in the report. He launched a $250 million dollar defamation suit in response to the article and clashed with reporters asking about the claims.

“I can say unequivocally that I never listen to the fake news mafia, and as when they get louder, it just means I’m doing my job,” he said.

When asked about video showing Patel partying and drinking with the U.S. Men’s Olympic Hockey Team, he said, “I’m on the job. I’m the first one in. I’m the last one out. I’m like an everyday American who loves his country, loves the sport of hockey, and champions my friends when they raise a gold medal and invite me in to celebrate. I’ve never been intoxicated on the job.”

Democrats have repeatedly sought to keep the pressure on Patel, including a demand by Rep. Jamie Raskin (D-Md.) that the director submit to a test to identify “hazardous and harmful patterns of alcohol consumption.”

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