President-elect Donald Trump’s surprising announcement that he would nominate Kash Patel as FBI director set the stage for new turmoil in the law enforcement agency charged with protecting the homeland and investigating federal crimes.
Patel, a staunch Trump ally with plans to shake up the bureau, is a study in contrast to the currently tight-lipped Director Christopher Wray, who preaches the mantra “Keep calm and play hard.”
In choosing Patel over a more traditional rival late Saturday, the incoming Republican president is again testing his ability to bend the Senate to his will by confirming some of his more provocative nominees.
What happens to the current FBI Director?
Wray was appointed to the board by President Trump in 2017 and technically has three years remaining in his 10-year term.
These periods are intended to ensure that the directors of America’s most prominent federal law enforcement agencies can operate free from political influence or pressure. Presidents have typically kept the same board members they had when they took office, as Democratic President Joe Biden did with Wray, but not always.
But the same cannot be said for all FBI directors, who serve at the pleasure of the president. In fact, Wray was nominated after Trump fired James Comey, the FBI director he inherited during his first term.
Biden’s national security adviser, Jake Sullivan, said Sunday that the Biden administration has “adhered to the long-standing norm that the FBI director serves a unique role in the U.S. government system.”
“Joe Biden didn’t fire him,” Sullivan told NBC’s “Meet the Press,” referring to President Trump’s appointment of Wray. He relied on him to carry out his responsibilities as FBI Director and allowed him to serve his term to the fullest. … That’s our approach, and we want to ensure that the FBI remains an independent agency, insulated from politics.”
Trump’s announcement means Wray could either resign from the position, per Trump’s apparent wishes, or wait to be fired once Trump takes office in January. Either way, the choice of successor clearly indicates that Wray’s days are numbered. If Wray leaves before Patel is confirmed, the FBI’s current deputy director is expected to temporarily fill the acting director position.
“FBI employees continue to work every day to protect the American people from a growing number of threats,” the FBI said in a statement Saturday night. Director Wray’s focus is on the men and women of the FBI, those who work with us, and the people for whom we work.”
Can Patel be confirmed by the Senate?
Republicans may have taken control of the Senate, but his confirmation is far from certain.
There is no doubt among lawmakers who support President Trump’s desire to radically overhaul the FBI. Some lawmakers share their view that federal law enforcement has been “weaponized” against conservatives, especially after a federal investigation resulted in two indictments against the president-elect.
But Patel is likely to face deep skepticism during his confirmation hearing about his plans to weed out “colluders” against the Trump administration and his claims to close the FBI’s Pennsylvania Avenue headquarters in the nation’s capital and deploy thousands of its employees. The people who work there to ‘track down criminals’ across the country.
And while Trump may have wanted loyalists willing to seek revenge against his perceived enemies, that view is echoed by senators who believe the FBI and Justice Department should operate free of political influence and not be tasked with carrying out the president’s personal business. It’s likely to give you pause. imitation.
Sen. Chris Coons, a Delaware Democrat, wrote on social media late Saturday: “Kash Patel will be another test of the power of advice and consent in the Senate. “Patel must prove to the Senate Judiciary Committee that he has the right qualifications and that, despite his past comments, he will prioritize our country’s public safety over a political agenda focused on retaliation.”
President Trump also floated the possibility of using his recess appointment to get his nominees through the Senate.
If Patel is confirmed, will he actually be able to do what he said he would do?
Patel has made a series of brazen claims about his plans for the federal government, but most of the proposals would require the support and buy-in of other officials and would almost certainly face significant resistance. His call to reduce the FBI’s influence and power contrasts with the attitude of FBI leaders who have traditionally said they want more resources.
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He talked about trying to purge the government of “conspirators” against Trump and “going after journalists who lied about American citizens who helped Joe Biden rig the presidential election,” whether criminally or civilly.
The FBI’s own guidelines state that criminal investigations cannot be arbitrary or based on unfounded speculation, but must instead have an approved purpose to detect or disrupt criminal activity. And while the FBI conducts investigations, the responsibility for filing federal charges or filing lawsuits on behalf of the federal government rests with the Department of Justice. President Trump announced last week that he plans to nominate former Florida Attorney General Pam Bondi to be attorney general.
Patel’s proposed crackdown on government officials leaking information to the press means he wants to reverse the Justice Department’s current policy prohibiting the secret seizure of reporters’ phone records in leak investigations. The policy was implemented by Attorney General Merrick Garland after an uproar over revelations that federal prosecutors had received subpoenas for journalists’ phone records.
Patel talked about separating the FBI’s intelligence-gathering operations, which are now a core function of the FBI’s mission, from the rest of its operations. It is unclear whether he will follow through on that promise and how it will be received at a time when the United States says the threat of terrorism is rising.
He also said he wanted to close the FBI’s famous Pennsylvania Avenue headquarters and send employees working there across the country. It’s unclear whether that’s simply an exaggerated claim reflecting his disdain for the “deep state” or something he’s actually trying to implement, but what that will look like in practice still remains a big question mark.