Kash Patel, President Donald Trump’s nominee for FBI Director, clashed with Sen. Dick Durbin (D-Ill.) during his confirmation hearing on Thursday, pushing back against the senator’s criticism of Trump’s pardons while highlighting former President Joe Biden’s own controversial use of clemency.
Patel faced scrutiny from Durbin over Trump’s executive order on January 20, which pardoned or commuted the sentences of approximately 1,500 individuals convicted for their involvement in the January 6, 2021, Capitol incident.
Durbin specifically questioned whether Patel believed Trump’s decision to grant blanket clemency to those defendants was appropriate.
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“Was President Donald Trump wrong to give blanket clemency to the January 6 defendants?” Durbin asked.
Patel responded by affirming his stance against violence toward law enforcement but stood by the president’s constitutional authority to issue pardons.
“Thank you, ranking member, a couple of things on that,” Patel said.
“One, the power of the presidential pardon is just that, the president … as we discussed in our private meeting senator, I have always rejected any violence against law enforcement and including in that group, [I have] specifically addressed any violence against law enforcement on January 6 and I do not agree with the commutation of any sentence of any individual who committed violence against law enforcement.”
Durbin followed up by asking Patel whether he believed the U.S. was “safer” as a result of Trump’s pardons.
In response, Patel turned the conversation to Biden’s last-minute clemency decisions, particularly his commutation of Native American activist Leonard Peltier, who had been serving a life sentence for the killing of two FBI agents in 1975.
“Senator, I have not looked at all 1,600 cases, I have always advocated for imprisoning those who cause harm to our law enforcement and civilian communities,” Patel said.
“I also believe America is not safer because [of] President Biden’s commutation of a man who murdered two FBI agents. Agent Coler’s and Agent William’s family deserve better than to have the man who at point-blank range, fired a shotgun into their heads and murdered them released from prison. So it goes both ways.”
Biden’s final round of clemency, issued just before leaving office, included commutations for approximately 2,500 individuals, including two convicted of killing a police officer.
Patel’s remarks highlighted the double standard in Durbin’s criticism of Trump’s pardons while ignoring Biden’s record.
Durbin attempted to justify Biden’s commutation of Peltier, arguing that the activist was elderly and already in home confinement.
He then redirected the conversation back to Trump’s pardons, pressing Patel further on whether the decision to pardon January 6 defendants made the country safer.
Patel countered by shifting the focus to national crime trends, stating that the real measure of safety is a reduction in violent crime and drug overdoses across the U.S.
In addition to the commutations, Patel pointed out Biden’s unprecedented move to pardon his own son, Hunter Biden, in December.
The sweeping pardon covered any crimes Hunter may have committed between January 1, 2014, and December 1, 2024.
Furthermore, Biden issued preemptive pardons for five of his family members just minutes before leaving office.
The decision drew criticism from Republicans, with Durbin himself commenting on CNN on January 21 about Biden’s final executive actions.
Patel’s nomination remains under review as the Senate weighs his confirmation as FBI Director.
His strong defense of law enforcement and focus on the broader issue of clemency policies are likely to be key factors in the upcoming vote.
While Democrats continue to scrutinize Trump’s pardons, Patel’s testimony has placed a spotlight on Biden’s own use of clemency, raising further debate over how presidential pardon power has been applied in recent years.
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