FBI Director Kash Patel announced Friday that his agency had thwarted an alleged terrorist attack planned for Halloween weekend in Michigan, but one former U.S. attorney is warning that the announcement could lead to any potential co-conspirators walking free.
“It is frustrating to see your leader say things that they shouldn't be saying about an investigation,” said Barbara McQuade, a former U.S. attorney and legal expert, speaking with MSNBC Saturday.
“Ordinarily in a case like this, the only thing we would hear is that the FBI was on scene conducting an operation, period, we would not know the details until we saw charges. So by making these statements, it is possible that Kash Patel is making the work harder for these agents.”
Patel’s announcement reportedly frustrated FBI officials, who said that its investigation into the alleged plot could now be jeopardized. McQuade, who’s prosecuted terroism cases in the past, said that Patel’s premature announcement wasn’t just a threat to those alleged to have plotted the attack, but could very well allow for co-conspirators to escape justice entirely.
“We don't know what's happened because no charges have been filed; it could be that they wanted to conduct additional investigation, but now of course the cat is out of the bag to any would-be co-conspirators who might have an opportunity to destroy evidence or flee the country,” McQuade said.
“It also can make the prosecution more difficult by putting words out in the public domain that could taint a potential jury pool and affect the rights of fair trial for the defendants. Even if you don't care about the rights of defendants – you should – it could make it more difficult to convict them.”
Patel has drawn scrutiny in the past for potentially jeopardizing prosecutions, with one such instance being Patel’s bizarre comment referencing “Valhalla,” the utopian realm from Norse mythology, which experts said could jeopardize the prosecution of the alleged killer of right-wing influencer Charlie Kirk.
“I think Kash Patel is so eager to take credit for what he is doing,” McQuade said. “It is actually making it more difficult for the agents on the ground to succeed.”