Columbia Standard

U.S. Senate Democratic Whip Dick Durbin, alongside Senator Adam Schiff and other Democratic members of the Senate Judiciary Committee, has formally requested access to specific materials from Acting Attorney General James McHenry. The request concerns Volume Two of the "Final Report of the Special Counsel’s Investigations and Prosecutions," submitted by Special Counsel Jack Smith on January 7, 2025. This volume reportedly contains information pertinent to Kash Patel's nomination as Director of the Federal Bureau of Investigation (FBI).

The Committee seeks these materials to assess Mr. Patel's suitability for leading the FBI, especially concerning his testimony or actions related to President Donald Trump's handling of classified documents after leaving office. Public reports indicate that federal prosecutors subpoenaed Mr. Patel in November 2022 to testify before a grand jury investigating this matter, granting him immunity after he invoked his Fifth Amendment rights.

"The Committee cannot adequately fulfill its constitutional duty without reviewing details in the report of Mr. Patel’s testimony under oath," stated the Senators in their letter. They emphasized that understanding Mr. Patel's truthfulness and trustworthiness is crucial due to his potential role in safeguarding sensitive national information.

The letter further outlines the Committee's constitutional responsibility in providing advice and consent on presidential nominations for significant government positions like FBI Director, which demands impartiality and truthfulness from its holder.

Durbin, Schiff, and their colleagues have requested compliance with their access request by February 10, 2025, allowing time for review before Mr. Patel's confirmation vote. They are open to an in-camera review if necessary and urge prompt action from the Department of Justice.

The letter was also signed by Senators Alex Padilla, Peter Welch, Sheldon Whitehouse, Chris Coons, Cory Booker, Amy Klobuchar, Mazie Hirono, and Richard Blumenthal.