February 20, 2025 - 8:10pm

Kash Patel’s confirmation as FBI director comes at a time when the Bureau is more embroiled in political controversy than it ever has been in the post-Hoover period. The record of confirmation votes alone is telling. Prior to 2017, only a single vote had ever been cast against a nominee to head the FBI (Rand Paul, who mounted a lonely vote against James Comey over drones in 2013). Only five Democrats voted against Christopher Wray to be FBI director in August 2017. Today, Patel was confirmed on a party-line vote: every Democrat in the Senate along with two moderate Republicans — Susan Collins and Lisa Murkowski — voted against his nomination.

The FBI has become a proxy in battles over populism. James Comey inserted himself and the Bureau into the 2016 presidential race, and top FBI officials (including Comey himself) have become prominent critics of Donald Trump. The controversial post-2020 prosecutions of Trump and his allies turbocharged anxiety among many Right-leaning voters that federal law enforcement was being used to settle political scores.

As a result of all this, the two parties have polarised over the FBI as well as other federal institutions. As Harry Enten recently observed, the Republicans and Democrats used to be in relative agreement about the credibility of the FBI. In 2014, 62% of Republicans thought that the FBI was doing a good or excellent job, while 54% of Democrats believed the same. A decade later, Republican trust in the FBI cratered while Democratic support for it spiked: over two-thirds of Democrats thought the Bureau was doing a good or excellent job in 2024, but only 26% of Republicans agreed.

This crisis of trust was an essential precondition for the appointment of Kash Patel, who first rose to prominence in the hand-to-hand classified combat of the “Russiagate” era. Like other “brokenists” in Trump’s Cabinet, Patel was chosen to be a disruptor. The new director has quite the tightrope to walk in the years ahead.

The Comey-era gambit of portraying the FBI as the sword and shield of “our democracy” against populism has obviously damaged the organisation’s public standing. When negative partisanship rules, a federal agency endangers its own position if it seems to back one side in America’s ongoing culture war. If Patel can distance the FBI from hyper-charged political combat, that could help win back trust on both sides of the aisle.

However, turning the FBI into a tool of retribution against Democrats could worsen the cycle of retaliation. Open-ended and highly publicised investigations of high-profile Trump critics would invite further escalation under the next Democratic president. That could set the stage for a dire do-si-do, in which the parties would trade off using the FBI as an attack dog against each other. That bitter dance would also be an existential threat to the FBI itself, as partisans might conclude that it is better to put the Bureau down rather than have it be used against them in the future.

The disruptor agenda will take careful management. Over the past month, the new administration has used DOGE to remove many federal workers, and some populists certainly hope that Patel’s tenure will be a chance to clean house at the FBI. However, a downsizing that is too drastic or sudden may pose major risks both to Patel and the Trump administration. If disaster strikes, the Trump administration could be blamed for slashing needed and experienced FBI agents.

After 2016, some of the political establishment hoped to use an enhanced prosecutorial apparatus as some ultimate backstop to resist populist disruption. Rather than helping stabilise American democracy, that strategy actually heightened political conflict. Now that outsiders have taken power, they have an opportunity to escape the escalation cycle — or else face their own reckoning.


Fred Bauer is a writer from New England.

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