Chris Van Hollen Presses FBI's Kash Patel About Tweeting Photo Of Arrest Of Wisconsin Judge

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At today's Senate Appropriations Committee hearing, Sen. Chris Van Hollen (D-MD) questioned FBI Director Kash Patel about tweeting the photo of the arrest of a Wisconsin judge.

Transcript

00:00Senator Merkley raised on the Constitution because, as you know, in response to a question

00:07that the president was asked about whether he had to comply with the Constitution, he

00:10said, and I'm quoting, I don't know.

00:13So it is important that we reaffirm everybody's obligation to comply with the Constitution,

00:19and I appreciate that was your answer broadly to the question asked by Senator Merkley.

00:24But you don't dispute the fact, and I'm quoting here from the Supreme Court opinion in Reno

00:31v. Flores, where Justice Scalia wrote, and I quote, it is well established that the Fifth

00:40Amendment entitles aliens to due process of law in deportation proceedings, end of quote.

00:47You don't dispute that?

00:47I don't dispute that.

00:48Okay.

00:48I just wanted to make sure, for the record, we understand that because, as you well know,

00:55the federal courts have found that there have been gross violations to date of many individuals

01:02to process rights.

01:04Let me ask you a question about Judge Dugan, and I'm not going to get into all of it.

01:12I'm sorry.

01:13About Judge Dugan, who was arrested, taken out in handcuffs from her courtroom.

01:21You agree that as director of the FBI, you should lead by example, right?

01:25I try to.

01:26Okay.

01:27Well, there's a confidentiality in media contacts policy within the Department of Justice

01:34Justice's guidelines that says specifically that DOJ personnel should not voluntarily disclose

01:40a photograph of a defendant unless it serves a law enforcement function or unless the photograph

01:48is already part of the public record in the case.

01:51Clearly, Judge Dugan's photograph was not already part of the public record in the case.

01:57So, it appears that what you did was a violation of that policy, unless you can express a clear

02:07law enforcement purpose for having done that.

02:10The simple law enforcement purpose is to show America that we investigate any individual who

02:17commits a crime, especially those in positions of public trust.

02:20But do you agree with the presumption of innocence in the U.S. system?

02:25Absolutely.

02:26As a public defender, that's what I fought for for years.

02:29But that's different than this.

02:30No, no, no.

02:30But, Mr. Director, this is one of the reasons why that guideline is there.

02:37So people, especially the director of the FBI, doesn't announce to the country that somebody's

02:44already been found criminally liable when they haven't.

02:47She hasn't, has she?

02:48But that's not what we said, that she was criminally liable.

02:50We said she was arrested and showed it.

02:52Yeah, we know she was arrested, but the issue is the photograph.

02:57I'm asking you, going forward, I hope as the leader of the FBI, you will comply with

03:05the guidelines of the FBI that everybody else is expected to follow.

03:08I believe I have and I will going forward.

03:10Well, this seems like a direct violation of this guideline.

03:13I guess we're in disagreement, Senator.

03:14Well, unless you can tell me why that really serves a law enforcement function, so you're

03:22going to send out pictures of everybody that's arrested?

03:25Lots of people that are arrested have pictures sent out.

03:27I'm not asking, I'm asking you as director of the FBI, is that going to be your policy?

03:30Just to start saying that.

03:31No, we do it on a case-by-case basis.

03:33Well, the guidelines make clear that I think any normal interpretation of this suggests

03:38it's a violation.

03:39Look, we want to, we're a budget committee, an appropriations committee.

03:44We want to find a way to make sure that we properly resource the men and women who work

03:50at the FBI.

03:52I think that is a common goal, I hope.

03:54And I do just, Mr. Chairman, again, in closing, you know, I understand you want to proceed

04:00just so that we keep things going, but it is kind of hard to proceed without any budget.

04:07I don't take you as critiquing or having a hearing.

04:10You're pleased to have a hearing, and I wish we had more to deal with than we do.

04:14I do.

04:14And we'll.

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