Ex-federal prosecutor Barbara McQuade on Monday ripped FBI director Kash Patel over his “absolutely inappropriate” comments on what investigators have gathered on Tyler Robinson, the suspect in the Charlie Kirk assassination case.
“It’s as if you saw my head exploding,” said McQuade after MSNBC’s Ana Cabrera played a clip of the conspiracy theorist’s remarks on Fox News.
McQuade, now a legal analyst at MSNBC, said Patel shouldn’t just refrain from confirming or denying the existence of such an investigation — even if it’s obvious that one is happening — but detailing evidence gathered in the case is contrary to regulations that govern the Justice Department’s practices, as well.
“That’s because when you share the results of evidence, you can violate the due process rights of a defendant and jeopardize their right to a fair trial,” she explained.
“Maybe Kash Patel doesn’t care about his rights to a fair trial, but he should be caring about the success of this prosecution and investigation. And so it does tee up a potential motion for the defendant to use these words against Kash Patel as a suggestion that he would be denied a right to a fair trial.”
Similarly, CNN’s chief law enforcement and intelligence analyst John Miller — a former FBI Assistant Director for Public Affairs — said revealing specific findings after a suspect has been apprehended “may run afoul” to the DOJ’s guidelines on pretrial statements regarding evidence that could prejudice a jury.
Miller noted, however, that these are the “same set of facts” that people dig for and media outlets often attribute to anonymous sources “all the time,” arguing that it may upset the DOJ, but it’s what the public is “always asking for.”
Patel, who is already facing criticism for bungled posts he shared on the day of the shooting, claimed on “Fox & Friends” Monday that Robinson texted someone about having an “opportunity to take out Charlie Kirk, and he was going to do it” due to his “hatred” for what the right-wing activist “stood for.”
Elsewhere in the Fox News interview, Patel suggested that DNA collected from items found out the scene — including a towel and a screwdriver — was linked to the suspect.
On MSNBC, McQuade said she doesn’t believe any judge would dismiss the case based on the likely strength of the evidence, but it could result in a change of venue or “other kinds of complications that you just don’t need.”
The suspect is reportedly expected to be formally charged on Tuesday.
Watch more of McQuade’s appearance on MSNBC in the clip below.