Sen. Jeff Merkley (D-OR) pressed FBI Director Kash Patel about why he refused to investigate agencies violating the U.S. Constitution by denying due process to migrants.
During a Thursday Senate Appropriations Committee hearing, Merkley asked Patel if he was familiar with the Fifth Amendment.
"And you're familiar that that applies to all persons in the United States?" the senator said. "So there's been a lot of concern about the several hundred immigrants who were swept off the streets of America and sent to El Salvador without due process."
Patel, however, said he wasn't "in a position" to judge the treatment of migrants.
"Have you launched an investigation of this violation of the Freedom Clause of the U.S. Constitution?" Merkley asked.
"Senator, I don't know that I agree with your characterization," Patel replied.
"Well, that was my first question, whether or not you agree with the Fifth Amendment and are prepared to defend it," the Democratic lawmaker noted.
"I agree with the Fifth Amendment," the FBI director insisted. "I agree with the entire Constitution, and the men and women at the FBI decide."
"So are you going to launch an investigation of the reported violation of the due process of several hundred individuals?" Merkley wondered.
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Patel said he couldn't "call balls and strikes" on other agencies.
"Your position is that every one of those individuals is, by constitutional right, afforded due process," Merkley said.
"I don't know the answer to that," Patel insisted.
"You don't? You haven't read the Constitution? It says all persons," Merkley shot back. "But what you're saying is that every single one of the illegals that was sent down to El Salvador is supposed to be given due process pursuant to the Constitution. That's what the Constitution says. It says no person."
"It doesn't say that," Patel countered.
"It does say no person," Merkley stated. "Yeah, I'll encourage you to read it. Because it's also been affirmed by the Supreme Court."
Watch the video below from the Senate Appropriations Committee or click the link.
