Critics of President-elect Donald Trump could leverage legal protections against potential prosecutions led by Kash Patel, should he become FBI director, a legal analyst has suggested.
Patel, a longtime ally of Trump who he has nominated to be the next FBI director, has drawn intense scrutiny for his public vows to target those he accuses of undermining the former president. Paul Rosenzweig, a lawyer and cybersecurity expert, writing for The Bulwark, warned that Patel’s rhetoric might render such prosecutions vulnerable to dismissal.
“Patel has already identified who needs to be prosecuted and what their crimes appear to be—all without the benefit of having conducted a criminal investigation,” Rosenzweig, who formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security, said.
He argues that Patel’s approach risks being classified as vindictive prosecution, which is illegal under U.S. law if shown to stem from retribution rather than legitimate criminal grounds.