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67 Believed Dead in Midair Collision; Kash Patel's Senate Confirmation Hearing. Aired 10:30-11a ET

Aired January 30, 2025 - 10:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


[10:30:00]

JULIETTE KAYYEM, CNN NATIONAL SECURITY ANALYST: -- airline knew this route. I mean, so in terms of looking for the outside elements, I think it's going to be hard to say that that is true. What we do know, though, sadly, is that the elements did -- you know, what made it very difficult to find anyone alive, if anyone survived the crash. It was the ice and the cold that also -- you know, what might have been responsible for the -- some of the deaths or at least the hard reality that there was essentially no recovery, no rescue mission.

And that I was even surprised knowing the timing that I do that they were calling it a recovery mission this early. They just knew.

PAMELA BROWN, CNN ANCHOR: Yes, I was told by a White House source that at 4:05 a.m. was when it became a recovery mission. That is when the Coast Guard said this is pivoting now to recovery.

Back to you, Greg, just for your insights, just going back to that call. What does it mean? You heard the pilot say request visual separation. What does that mean? And one might ask, why are you requesting that if you see another plane that you could potentially collide into, if that is actually what the understanding was, why request that? Just help us better understand.

GREG FEITH, FORMER NTSB SENIOR AIR SAFETY INVESTIGATOR: Well, when pilots are in that environment, the landing environment for the regional jet and the movement of the military aircraft, they're at low altitude. Of course, the R. J. is getting ready to land. So, it's now a change. A lot of -- there has been a lot of discussion about instrument approaches and things like that. That low, you're no longer on an instrument approach. The weather wasn't such that you needed to be shooting an instrument approach, and now visual separation is the responsibility of the pilots.

And you're going to hear the term see and avoid. It is incumbent upon pilots in all the aircraft, not just, you know, a specific aircraft, but all the aircraft, that when they're in those types of environments it is their responsibility, even with air traffic control assistance to maintain a see and avoid. That's why situational awareness -- not necessarily disorientation, but situational awareness of the environment.

And communication is part of that, because you're listening to hear what the air traffic controller is saying, not only to you, but to other aircraft in your close proximity. So, that could draw your attention to another aircraft and go, yes, I see that aircraft.

And so, when they were requesting visual separation that meant that responsibility was theirs to clear any and all traffic that may be along their route of flight. And that's why communication and the understanding or a misunderstanding is going to be so critical in this investigation.

BROWN: Yes, and I think a lot of our viewers are asking, well, isn't there, you know, equipment on these on this aircraft to alert about what's going on and the risk of collision? I think that these are all questions that, of course, investigators are going to be looking at. Those black boxes are going to be critical too Juliet Kayyem, Greg Feith, thank you so much.

And we are continuing to monitor the breaking news on this deadly midair collision in D.C. We're also watching what's happening right now, several miles away on Capitol Hill. Three of President Trump's most controversial picks to lead government agencies are appearing before the Senate making their case for confirmation, Robert F. Kennedy Jr., Tulsi Gabbard, and Kash Patel.

Patel, Trump's nominee for FBI director, is a Trump loyalist and has vowed to help dismantle the same organization that he has posted to lead. Let's listen in.

KASH PATEL, FBI DIRECTOR NOMINEE: I have, including in that group, specifically addressed any violence against law enforcement on January 6th and I do not agree with the commutation of any sentence of any individual who committed violence against law enforcement.

SEN. DICK DURBIN (D-IL), RANKING MEMBER, JUDICIARY COMMITTEE: So, do you think that America is safer because the 1,600 people have been given an opportunity to come out of serving their sentences and live in our communities again?

PATEL: Senator, I have not looked at all 1,600 individual cases. I have always advocated for imprisoning those that cause harm to our law enforcement and civilian communities. I also believe America is not safer because President Biden's commutation of a man who murdered to FBI agents, Agent Coler's and Williams' family deserve better than they have, the man that point blank range fired a shotgun into their heads and murdered them, released from prison. So, it goes both ways.

DURBIN: Leonard Peltier was in prison for 45 years. He's 80 years old and he was sentenced to home confinement. So, he's not free as you might have suggested.

PATEL: He killed two FBI agents.

DURBIN: That's true. He did. And he went to prison for it and should have. My question to you, though, is do you think America is safer because President Trump issued these pardons to 1,600 of these criminal defendants, many of whom violently assaulted our police in the Capitol?

[10:35:00] PATEL: Senator America will be safe when we don't have 200,000 drug overdoses in two years. America will be safe --

DURBIN: So, you're not going to answer --

PATEL: -- 50 homicides in a day.

DURBIN: So, you just won't answer the question?

PATEL: I am here --

DURBIN: I don't think we're safer with Matthew Shuttle -- or Matthew Huttle was sent back to Indiana. I don't think we're safer with Peter Schwartz. I could go through a long list of individuals, some of who are wanted in states, members of this committee. Let me move to another topic, if I can. Tell me about your J6 choir. What is that?

PATEL: Well, it's not my choir. It's simply a recording that was utilized to raise funds for families in need of nonviolent offenders.

DURBIN: Who sings on this recording?

PATEL: I don't know, Senator.

DURBIN: What did you have to do with it?

PATEL: Simply to raise funds to assist families of nonviolent offenders whose kids needed college education payments and whose rent needed being paid.

DURBIN: My understanding is that the performers on this J6 choir were the rioters who were in prison.

PATEL: I'm not aware of that, sir. I didn't have anything to do with the recording.

DURBIN: You weren't aware of who made the recording?

PATEL: No, Senator.

DURBIN: That's interesting. Did you receive any money for selling copies of that music or that recording?

PATEL: Absolutely not.

DURBIN: OK. You do have a foundation though, do you not?

PATEL: I'm very proud of the Kash Foundation. $1.3 million we've given to families in need across this country, including active-duty service members, police officers, putting kids in college, and helping people in disaster relief areas rebuild their homes and their communities.

DURBIN: One and O LLC (ph), are you familiar with that?

PATEL: Sorry? DURBIN: One and O LLC (ph).

PATEL: I believe, Senator, you're referring to the LLC that one of the individuals has his private business with.

DURBIN: Is it part of the Kash Foundation in any way?

PATEL: Only in that one of the members of the board has that LLC for his outside business.

DURBIN: Andrew Ellis (ph)?

PATEL: I believe that's his name, yes.

DURBIN: Yes. Do you know how much was paid to him from your charitable work?

PATEL: Yes, like any other charity, we had to go out and fundraise. Something I'm sure every member of this committee is familiar with, and we use digital marketing campaigns, and I believe we paid a digital marketing company through One and O (ph) to know a quarter million dollars to raise $500,000, which we gave away to families in need, like when hurricane struck Florida, Texas, and North Carolina.

DURBIN: We will be going through the details of your foundation and the expenditures with the questions for a record that the chairman has mentioned.

PATEL: I look forward.

DURBIN: You have the chance to answer those under oath. Mr. Patel, you frequently associated with and sometimes praised extremist figures with the well documented histories of racism, anti-Semitism, conspiracies, and the like.

In September of 2023, you appeared with Laura Loomer at an event promoting your book. This one here. You shared a photo of yourself and Loomer in which you held her book and she held yours. Just a few months before this event, Ms. Loomer posted on X that the September 11 terrorist attacks were, quote, "an inside job." Around that time, she accused Florida's first lady, Casey DeSantis, of exaggerating her cancer diagnosis to gain voter sympathy.

A number of my Republican colleagues on this committee have criticized Ms. Loomer's extremism. One of my colleagues described her as a, quote, "crazy conspiracy theorist who regularly utters disgusting garbage." Another called her really toxic.

Given all of this, why did you associate with Ms. Loomer?

PATEL: Senator, as you can see, I took a photograph with an individual who at -- showed up at a book event. I don't believe I'm guilty by association, and I certainly don't believe that an individual who is the first minority to serve as the Deputy Director of National Intelligence for this country is a racist in any way, and I detest any conjecture to the contrary. DURBIN: Are you familiar with Stew Peters? Does that name ring a bell?

PATEL: I'm sorry, what?

DURBIN: Are you familiar with Mr. Stew Peters?

PATEL: Not off the top of my head.

DURBIN: You made eight separate appearances on his podcast. He promoted outrageous conspiracy theories and worked with a prominent neo-Nazi. There are more, Ted Nugent, it goes on, the list goes on. I'm just asking, when it comes to your association with individuals, why are so many of them in this category?

PATEL: My association, as you loosely define it, is by appearing in media over a thousand times to take on people who are putting on conspiratorial theories and to devalue them of their false impressions and to talk to them about the truth. That is something that I will always continue to fight for, Senator.

DURBIN: Senator Graham.

[10:40:00]

SEN. LINDSEY GRAHAM (R-SC): Thank you. We'll eventually talk about the FBI. That's the job you're up here for, right? Have you ever been subject to racism as an individual?

PATEL: Unfortunately, Senator, yes. I want to get into those details with my family here.

GRAHAM: Oh, let's get into a few of them. Tell me about it.

PATEL: Well, if you look at the record from January 6th where I testified before that committee, because of my personal information being released by Congress I was subjected to a direct and significant threat on my life. And I put that information in the record, I had to move.

In that threat good, I was called a detestable -- and I apologize if I don't get it all right, but it's in the record, a detestable sand nigger who had no right being in this country. You should go back to where you came from. You belong with your terrorist home friends. That's what was sent to me. That's just a piece of it. But that's nothing compared to what the men and women in law enforcement face every day. And that's why they have my support.

GRAHAM: OK. Growing up, were you subject to racism?

PATEL: Yes, sir.

GRAHAM: OK. Now, I think the reason you're here has a lot to do with your work on Crossfire Hurricane, are you familiar with that FBI operation?

PATEL: I am, Senator.

GRAHAM: So, Senator Durbin mentioned the church report and the history of abuse, but he failed to mention Crossfire Hurricane. He failed to mention the Horowitz report. I wonder why. If you're waiting for these guys over here to figure that out, you're going to die waiting.

So, this is the Nunes memo. You work for Mr. Nunes over in the, on the house side?

PATEL: Sorry?

GRAHAM: David Nunes?

PATEL: Sorry?

GRAHAM: Are you familiar with this memo by the Foreign Intelligence Service Act abuses --

PATEL: Yes.

GRAHAM: -- the Department of Justice?

PATEL: Absolutely.

GRAHAM: Did you help write this memo?

PATEL: I did as a staffer.

GRAHAM: OK. I'll put this in the record.

PATEL: Thank you.

GRAHAM: And this memo you kind of dissected the abuses of Crossfire Hurricane, right?

PATEL: I did, Senator.

GRAHAM: And the Mueller investigation. So, the Crossfire Hurricane investigators, two of them were Strzok and Page. Are you familiar with them?

PATEL: I am, Senator.

GRAHAM: OK. It was opened up on July the 31st, 2016, and here's what Strzok said, and damn, this feels momentous because these matters, the other one did too. But that was to ensure we did -- didn't F something up. These matters because these matters. So, super glad to be on this voyage with you. That's to Page. And Page responds a couple of months later, he's not ever going to be person, right? Talking about Trump. Strzok, no, no, he won't. We'll stop it.

Is it fair to say that the people in charge of investigating Crossfire Hurricane hated Trump's guts?

PATEL: Well, you don't have to take my word for it. That statement, along with the statements from the sources during that operation --

GRAHAM: Are those days over in the FBI, you hope?

PATEL: Well, if they're not, they will be.

GRAHAM: OK. good. You know who Carter Page was?

PATEL: I do, Senator.

GRAHAM: Do you know that the FBI secured warrants against him on four different occasions?

PATEL: Yes, Senator.

GRAHAM: Do you know that the information that they relied upon came from the Steele dossier?

PATEL: I do.

GRAHAM: Was it you that were able to find out that the Steele dossier was a bunch of crap?

PATEL: Yes, Senator. We followed the money, and we exposed the fraud that was the Steele dossier.

GRAHAM: And you -- and the primary sub source was ignore Danchenko, right?

PATEL: That's correct, Senator.

GRAHAM: And he was actually a Russian analyst.

PATEL: That's right.

GRAHAM: Are you aware that in January, he told the FBI that -- let's see, what did he tell the FBI? Still had no proof to support the statements. Then it was just talk. The primary sub source explained to the FBI that his information came from word of mouth and hearsay conversations he had with friends over beers, and some of the information were statements he heard -- he made -- he heard, made in jest. And he told the FBI this in January.

PATEL: That's right.

GRAHAM: Of 2017. And they got two more warrants after that.

PATEL: That's correct.

GRAHAM: Are you aware that the FBI had volumes information that the Steele dossier was a bunch of bullshit and nobody ever told anybody at the top?

PATEL: I am, sir. We exposed it.

GRAHAM: Or they lied about it being told.

PATEL: That's correct.

GRAHAM: So, are you aware of the fact that the FISA court rebuked the FBI? Are you aware of the fact that a FBI lawyer went to jail because he misled the court by manipulating an e-mail from the CIA?

PATEL: I am.

[10:45:00]

GRAHAM: Do you believe that Crossfire Hurricane was one of the most disgusting episodes in FBI history of a corrupt investigation led by corrupt people who wanted to take Donald Trump down?

PATEL: Yes, sir.

GRAHAM: Do you think that's why you're in this chair today, to fix that?

PATEL: I think that's a big part of this.

GRAHAM: Without Crossfire Hurricane, this guy wouldn't be here. And my friends on the other side like pulling teeth, the Horwitz investigation, the inspector general labeled this fraudulent at its core, mismanaged at its core, running stop signs at every turn they went forward when they should have stopped.

The Durham report said it was obviously politically motivated. FBI agents were telling anybody and everybody that would listen, this is not reliable, this is not trustworthy, but they plowed on. And because of you and Trey Gowdy and others, we now know about this.

Everybody who signed the warrant, under questioning by me, said if they knew then what they know now, they wouldn't sign the warrant. Comey said that. Yates said that. Rosenstein said that. The reason you're here is because most of the public, almost every Republican believes that the FBI has been used continuously in a political fashion, ignoring evidence, making up evidence, lying to get Donald Trump.

And when it came to the Hunter Biden laptop, they told every social media outlet in October 2020, oh, that's Russian disinformation. That was BS too. Right before the election, the FBI intervened to shut reporting on the Hunter laptop down as being Russian misinformation, according to Zuckerberg.

Do you promise all of us those days are over at the FBI?

PATEL: Yes, Senator, they are.

GRAHAM: Are you proud of what you did to find all that?

PATEL: Absolutely.

GRAHAM: Do you think that's why you're here today is to make sure that never happens again?

PATEL: The American people deserve just that.

GRAHAM: Thank you.

DURBIN: Senator Whitehouse.

SEN. SHELDON WHITEHOUSE, (D-RI): Thanks, Chairman. Welcome --

BROWN: All right. You're listening to the hearing for Kash Patel, Donald Trump's nominee for FBI director, here in Washington.

I'm going to go to Paula Reid, who is right -- live at the Capitol, who can bring us into that hearing room and what has been going on. We saw a little bit of it. But bring us inside, Paula.

PAULA REID, CNN CHIEF LEGAL AFFAIRS CORRESPONDENT: Well, Pamela, as expected, Kash Patel being grilled over his record. And he has such an extensive record. He's made almost a thousand media appearances. He's written a book. He's had a very public life.

So, lawmakers going through his record, pressing him, especially on statements that he has made, criticizing law enforcement and the so- called deep state. Now, we've only heard from a few lawmakers so far. But what's notable to me is he was pressed on President Trump's decision to pardon the majority of people involved in January 6th offer commutations or dismiss the cases of others. And Patel did seem to break a little bit with the president on his decision to pardon even violent offenders.

He was also pressed on his association with a lot of extremists and conspiracy theorists. And he said, look, he appeared on podcasts or interacted with these people either briefly or in an effort to try to dissuade them of their extreme beliefs.

Now, he's only faced a few questions so far. Republican lawmakers are giving him an opportunity to highlight his record. He would like to sort of rebrand himself as a career public servant, someone who's been a public defender, a prosecutor, a national security official. That's what he would like to highlight in this hearing. But it is likely that he's going to face a lot more tough questions about his previous statements.

BROWN: Certainly. Paula Reid, thank you so much. And we will continue to monitor this hearing up next. We are going back to the breaking news. 67 people fear dead in the midair collision in D.C. We'll be right back.

(COMMERCIAL BREAK)

[10:50:00]

BROWN: Here in Washington rescue officials say there appears to be no survivors from that tragic midair collision between a passenger plane and an army Blackhawk helicopter. Joining us now is Congressman Tim Burchett, a Tennessee Republican. He is on the House Transportation Committee. Congressman, thank you for joining us. I'm sure, as so many of us have, myself included, you have flown through this corridor many, many times. Your reaction to this horrible collision.

REP. TIM BURCHETT (R-TN), TRANSPORTATION COMMITTEE: Yes. Well, hundreds of times I was at home with my wife and daughter last night here in Tennessee and people were saying, please tell me you're not in D.C. And I knew people that were in the air and that had landed it had taken off. I mean, just all over that. And I've coursed myself into that same corridor 100 times. Just the tragedy of it all.

You know, and I would caution folks, especially, you know, my conservative friends on my side of the aisle, let's hold off on all the finger pointing until we really know what's going to happen on this. What has happened. You know, we've lost over 70 souls and those families, you know, I just -- I pray for them and they get some comfort in their loved ones because that is just a tragedy.

[10:55:00]

BROWN: Yes, I believe 64 were on the plane three were in the Blackhawk helicopter. And, you know, I know being on the Transportation Committee, you're likely getting information about what may have happened here. What can you tell us?

BURCHETT: Well, there's a little bit of confusion right now. There was talk that possibly that the military helicopter was instructed to go one way and didn't follow that. And if that is in fact the case, I think we need to find out if that was an isolated incident or if that's a pattern. If it is, I think it needs to be addressed.

And, you know, we're going to have hearings, I'm sure. I'm on the Transportation Committee. There are subcommittees and things like that, and we'll diagnose it a hundred different times. But unfortunately, it won't do anything for those folks that lost their lives or their families. But hopefully, we can find out what caused it so it won't happen again.

BROWN: I think we have that sound from air traffic control that you were alluding to. OK. We don't have the sound, but I'll read it. This is what it says. It says, from the tower, PAT 25, speaking to the Black Hawk helicopter, do you have the CRJ in sight? Then the tower said, PAT 25 pass behind the CRJ. And the helicopter pilot, PAT 25, has aircraft in sight. Request visual separation.

And so, again, I just want to circle back to what you said, you are getting information that perhaps the Black Hawk helicopter didn't do as it was advised to do. Just help us better understand that and where that information is coming from, how verified it is.

BURCHETT: Well, it's -- I'd put it past the rumor stage. I mean, you have the -- what you have right there. And if they followed those instructions. And I think what we have to find out first, were those instructions delivered to that pilot in time for them to make an invasive move? I myself have been in airplanes where they've had to divert because of there was another two different times, you know, with the plane, the jets coming in and then they have to divert and pull out because another plane has pulled across their flight plan or whatever you want to call it.

So, I don't know how common it is. I know that I've flown hundreds of times. And that seems to be. I've had -- has happened twice. And that's two times too many. And as you know, those big jet airliners, they can't turn on a dime. It's not like a little Cessna or anything.

BROWN: Yes.

BURCHETT: So, I think first we have to determine if that communication went through, if that pilot received that, and if that is a pattern within our military, because if it is, it needs to change.

BROWN: I think there's a big question too, whether there was some disorientation with the lights and it being night, and whether it was the right plane, that the pilot of that Black Hawk was looking at.

But what you just said raised this next question though. I'm hearing from policymakers, including your colleague in the Senate across the aisle, Tim Kaine, who said he was, quote, "very concerned" about congestion at DCA. And there are questions about that and questions about whether, you know, there should be military exercises at night in that crowded airspace near an airport. Do you think this tragedy highlights the need for more military exercises?

BURCHETT: Not yet. Not yet. Let's -- I need to find out if it's isolated. Too many times in politics, we need your -- because we want to get the headline and this is one of those instance. I think we need to hold up. We used to say in the Tennessee Legislature, let's go a little slower and we might get there a little faster. And I think the hearings will dispel. We'll find out about that.

But it's -- these hearings and they drag on and people's minds get a little cloudy. You know, we want our pizzas in 30 minutes or less in this country. And that's about our attention span. And I'm guilty of that. I would hope we'd get on this thing in a hurry and not delay it. And let's -- while memories are fresh, where everybody is aware of what's going on, and the public is demanding some change because if we don't, we're going to be revisiting this time and time again.

BROWN: Congressman Tim Burchett, certainly something we never want to revisit. We'll be right back.

(COMMERCIAL BREAK)

[11:00:00]